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A BILL TO BE ENTITLED
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AN ACT
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relating to voting practices and elections of property owners' |
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associations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 209, Property Code, is amended by adding |
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Sections 209.0058, 209.0059, 209.00591, 209.00592, and 209.00593 |
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to read as follows: |
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Sec. 209.0058. BALLOTS. (a) Any vote cast in an election |
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or vote by a member of a property owners' association must be in |
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writing and signed by the member. |
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(b) Electronic votes cast under Section 209.00593 |
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constitute written and signed ballots. |
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(c) In an association-wide election, written and signed |
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ballots are not required for uncontested races. |
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Sec. 209.0059. RIGHT TO VOTE. (a) A provision in a |
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dedicatory instrument that would disqualify a property owner from |
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voting in an association election of board members or on any matter |
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concerning the rights or responsibilities of the owner is void. |
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(b) This section does not apply to a property owners' |
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association that is subject to Chapter 552, Government Code, by |
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application of Section 552.0036, Government Code. |
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Sec. 209.00591. PROXY VOTING. A provision in any |
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dedicatory instrument that provides for a proxy vote in any matter |
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subject to a vote of the members of the property owners' association |
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is void. |
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Sec. 209.00592. BOARD MEMBERSHIP. (a) Except as provided |
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by Subsection (b), a provision in a dedicatory instrument that |
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restricts a property owner's right to run for a position on the |
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board of the property owners' association is void. |
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(b) If a board is presented with written, documented |
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evidence from a database or other record maintained by a |
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governmental law enforcement authority that a board member has been |
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convicted of a felony or crime involving moral turpitude, the board |
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member is immediately ineligible to serve on the board of the |
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property owners' association, automatically considered removed |
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from the board, and prohibited from future service on the board. |
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Sec. 209.00593. VOTING; QUORUM. (a) The voting rights of |
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an owner may be cast or given: |
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(1) in person at a meeting of the property owners' |
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association; |
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(2) by absentee ballot in accordance with this |
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section; or |
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(3) by electronic ballot in accordance with this |
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section. |
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(b) An absentee or electronic ballot: |
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(1) may be counted as an owner present and voting for |
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the purpose of establishing a quorum only for items appearing on the |
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ballot; |
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(2) may not be counted, even if properly delivered, if |
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the owner attends any meeting to vote in person, so that any vote |
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cast at a meeting by a property owner supersedes any vote submitted |
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by absentee or electronic ballot previously submitted for that |
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proposal; and |
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(3) may not be counted on the final vote of a proposal |
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if the motion was amended at the meeting to be different from the |
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exact language on the absentee or electronic ballot. |
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(c) A solicitation for votes by absentee ballot must |
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include: |
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(1) an absentee ballot that contains each proposed |
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action and provides an opportunity to vote for or against each |
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proposed action; |
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(2) instructions for delivery of the completed |
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absentee ballot, including the delivery location; and |
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(3) the following language: "By casting your vote via |
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absentee ballot you will forgo the opportunity to consider and vote |
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on any action from the floor on these proposals, if a meeting is |
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held. This means that if there are amendments to these proposals |
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your votes will not be counted on the final vote on these measures. |
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If you desire to retain this ability, please attend any meeting in |
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person. You may submit an absentee ballot and later choose to |
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attend any meeting in person, in which case any in-person vote will |
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prevail." |
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(d) For the purposes of this section, "electronic ballot" |
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means a ballot: |
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(1) given by: |
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(A) electronic mail; |
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(B) facsimile; or |
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(C) posting on an Internet website; |
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(2) for which the identity of the property owner |
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submitting the ballot can be confirmed; and |
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(3) for which the property owner may receive a receipt |
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of the electronic transmission and receipt of the owner's ballot. |
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(e) If an electronic ballot is posted on an Internet |
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website, a notice of the posting shall be sent to each owner that |
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contains instructions on obtaining access to the posting on the |
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website. |
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(f) This section supersedes any contrary provision in a |
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dedicatory instrument. |
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(g) This section does not apply to a property owners' |
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association that is subject to Chapter 552, Government Code, by |
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application of Section 552.0036, Government Code. |
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SECTION 2. Sections 209.0059, 209.00591, 209.00592(a), and |
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209.00593, Property Code, as added by this Act, apply to a provision |
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in a dedicatory instrument enacted before, on, or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2011. |