| 1 | 1 | | By: Bohac (Senate Sponsor - Taylor) H.B. No. 3176 |
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| 2 | 2 | | (In the Senate - Received from the House May 2, 2013; |
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| 3 | 3 | | May 3, 2013, read first time and referred to Committee on |
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| 4 | 4 | | Intergovernmental Relations; May 16, 2013, reported favorably by |
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| 5 | 5 | | the following vote: Yeas 5, Nays 0; May 16, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the appointment of a board member of a property owners' |
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| 11 | 11 | | association to fill a vacancy. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 209.00593(a), Property Code, as added by |
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| 14 | 14 | | Chapter 1026 (H.B. 2761), Acts of the 82nd Legislature, Regular |
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| 15 | 15 | | Session, 2011, is amended to read as follows: |
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| 16 | 16 | | (a) Notwithstanding any provision in a dedicatory |
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| 17 | 17 | | instrument, any board member whose term has expired must be elected |
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| 18 | 18 | | by owners who are members of the property owners' association. A |
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| 19 | 19 | | board member may be appointed by the board [only] to fill a vacancy |
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| 20 | 20 | | on the board [caused by a resignation, death, or disability]. A |
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| 21 | 21 | | board member appointed to fill a vacant position shall serve for the |
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| 22 | 22 | | remainder of the unexpired term of the position [predecessor board |
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| 23 | 23 | | member]. |
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| 24 | 24 | | SECTION 2. This Act takes effect immediately if it receives |
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| 25 | 25 | | a vote of two-thirds of all the members elected to each house, as |
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| 26 | 26 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 27 | 27 | | Act does not receive the vote necessary for immediate effect, this |
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| 28 | 28 | | Act takes effect September 1, 2013. |
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| 29 | 29 | | * * * * * |
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