Texas 2013 - 83rd Regular

Texas House Bill HB818 Compare Versions

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1	1	83R15193 PMO-D
2	2	By: White H.B. No. 818
3	3	Substitute the following for H.B. No. 818:
4	4	By: Orr C.S.H.B. No. 818
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain voting procedures for certain property owners'
10	10	associations.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 209.0058, Property Code, as added by
13	13	Chapter 1026 (H.B. 2761), Acts of the 82nd Legislature, Regular
14	14	Session, 2011, is amended by amending Subsections (a) and (b) and
15	15	adding Subsection (d) to read as follows:
16	16	(a) Except as provided by Subsection (d), any [Any] vote
17	17	cast in an election or vote by a member of a property owners'
18	18	association must be in writing and signed by the member.
19	19	(b) Electronic votes cast under Section 209.00592 shall be
20	20	considered [constitute] written and signed ballots if the identity
21	21	of the property owner submitting the ballot can be confirmed.
22	22	(d) The property owners' association board may elect to
23	23	allow each vote cast in an election or each vote cast by a member of
24	24	the property owners' association to be by secret ballot.
25	25	SECTION 2. (a) This section takes effect only if the Act of
26	26	the 83rd Legislature, Regular Session, 2013, relating to
27	27	nonsubstantive additions to and corrections in enacted codes does
28	28	not become law.
29	29	(b) Section 209.0058, Property Code, as added by Chapter
30	30	1217 (S.B. 472), Acts of the 82nd Legislature, Regular Session,
31	31	2011, is amended by amending Subsections (a) and (b) and adding
32	32	Subsection (d) to read as follows:
33	33	(a) Except as provided by Subsection (d), any [Any] vote
34	34	cast in an election or vote by a member of a property owners'
35	35	association must be in writing and signed by the member.
36	36	(b) Electronic votes cast under Section 209.00593 shall be
37	37	considered [constitute] written and signed ballots if the identity
38	38	of the property owner submitting the ballot can be confirmed.
39	39	(d) The property owners' association board may elect to
40	40	allow each vote cast in an election or each vote cast by a member of
41	41	the property owners' association to be by secret ballot.
42	42	SECTION 3. Section 209.00592, Property Code, as added by
43	43	Chapter 1026 (H.B. 2761), Acts of the 82nd Legislature, Regular
44	44	Session, 2011, is amended by amending Subsections (a) and (d) and
45	45	adding Subsection (b-1) to read as follows:
46	46	(a) Subject to Subsection (b-1), the [The] voting rights of
47	47	an owner may be cast or given:
48	48	(1) in person or by proxy at a meeting of the property
49	49	owners' association;
50	50	(2) by absentee ballot in accordance with this
51	51	section;
52	52	(3) by electronic ballot in accordance with this
53	53	section; or
54	54	(4) by any method of representative or delegated
55	55	voting provided by a dedicatory instrument.
56	56	(b-1) If a property owners' association board elects to
57	57	allow voting by secret ballot under Section 209.0058(d), the
58	58	property owners' association must provide a practical and effective
59	59	means for each vote cast in an election or each vote cast by a member
60	60	of the property owners' association to be by secret ballot.
61	61	(d) For the purposes of this section, "electronic ballot"
62	62	means a ballot:
63	63	(1) given by:
64	64	(A) e-mail;
65	65	(B) facsimile; or
66	66	(C) posting on an Internet website;
67	67	(2) for which the identity of the property owner
68	68	submitting the ballot can be confirmed, unless the board elects to
69	69	allow voting by secret ballot under Section 209.0058(d); and
70	70	(3) for which the property owner may receive a receipt
71	71	of the electronic transmission and receipt of the owner's ballot.
72	72	SECTION 4. (a) This section takes effect only if the Act of
73	73	the 83rd Legislature, Regular Session, 2013, relating to
74	74	nonsubstantive additions to and corrections in enacted codes does
75	75	not become law.
76	76	(b) Section 209.00593, Property Code, as added by Chapter
77	77	1217 (S.B. 472), Acts of the 82nd Legislature, Regular Session,
78	78	2011, is amended by amending Subsections (a) and (d) and adding
79	79	Subsection (b-1) to read as follows:
80	80	(a) Subject to Subsection (b-1), the [The] voting rights of
81	81	an owner may be cast or given:
82	82	(1) in person or by proxy at a meeting of the property
83	83	owners' association;
84	84	(2) by absentee ballot in accordance with this
85	85	section;
86	86	(3) by electronic ballot in accordance with this
87	87	section; or
88	88	(4) by any method of representative or delegated
89	89	voting provided by a dedicatory instrument.
90	90	(b-1) If a property owners' association board elects to
91	91	allow voting by secret ballot under Section 209.0058(d), the
92	92	property owners' association must provide a practical and effective
93	93	means for each vote cast in an election or each vote cast by a member
94	94	of the property owners' association to be by secret ballot.
95	95	(d) For the purposes of this section, "electronic ballot"
96	96	means a ballot:
97	97	(1) given by:
98	98	(A) e-mail;
99	99	(B) facsimile; or
100	100	(C) posting on an Internet website;
101	101	(2) for which the identity of the property owner
102	102	submitting the ballot can be confirmed, unless the board elects to
103	103	allow voting by secret ballot under Section 209.0058(d); and
104	104	(3) for which the property owner may receive a receipt
105	105	of the electronic transmission and receipt of the owner's ballot.
106	106	SECTION 5. To the extent of any conflict, this Act prevails
107	107	over another Act of the 83rd Legislature, Regular Session, 2013,
108	108	relating to nonsubstantive additions to and corrections in enacted
109	109	codes.
110	110	SECTION 6. This Act takes effect January 1, 2014.