83R15193 PMO-D
By: White H.B. No. 818
Substitute the following for H.B. No. 818:
By: Orr C.S.H.B. No. 818
A BILL TO BE ENTITLED
AN ACT
relating to certain voting procedures for certain property owners'
associations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 209.0058, Property Code, as added by
Chapter 1026 (H.B. 2761), Acts of the 82nd Legislature, Regular
Session, 2011, is amended by amending Subsections (a) and (b) and
adding Subsection (d) to read as follows:
(a) Except as provided by Subsection (d), any [Any] vote
cast in an election or vote by a member of a property owners'
association must be in writing and signed by the member.
(b) Electronic votes cast under Section 209.00592 shall be
considered [constitute] written and signed ballots if the identity
of the property owner submitting the ballot can be confirmed.
(d) The property owners' association board may elect to
allow each vote cast in an election or each vote cast by a member of
the property owners' association to be by secret ballot.
SECTION 2. (a) This section takes effect only if the Act of
the 83rd Legislature, Regular Session, 2013, relating to
nonsubstantive additions to and corrections in enacted codes does
not become law.
(b) Section 209.0058, Property Code, as added by Chapter
1217 (S.B. 472), Acts of the 82nd Legislature, Regular Session,
2011, is amended by amending Subsections (a) and (b) and adding
Subsection (d) to read as follows:
(a) Except as provided by Subsection (d), any [Any] vote
cast in an election or vote by a member of a property owners'
association must be in writing and signed by the member.
(b) Electronic votes cast under Section 209.00593 shall be
considered [constitute] written and signed ballots if the identity
of the property owner submitting the ballot can be confirmed.
(d) The property owners' association board may elect to
allow each vote cast in an election or each vote cast by a member of
the property owners' association to be by secret ballot.
SECTION 3. Section 209.00592, Property Code, as added by
Chapter 1026 (H.B. 2761), Acts of the 82nd Legislature, Regular
Session, 2011, is amended by amending Subsections (a) and (d) and
adding Subsection (b-1) to read as follows:
(a) Subject to Subsection (b-1), the [The] voting rights of
an owner may be cast or given:
(1) in person or by proxy at a meeting of the property
owners' association;
(2) by absentee ballot in accordance with this
section;
(3) by electronic ballot in accordance with this
section; or
(4) by any method of representative or delegated
voting provided by a dedicatory instrument.
(b-1) If a property owners' association board elects to
allow voting by secret ballot under Section 209.0058(d), the
property owners' association must provide a practical and effective
means for each vote cast in an election or each vote cast by a member
of the property owners' association to be by secret ballot.
(d) For the purposes of this section, "electronic ballot"
means a ballot:
(1) given by:
(A) e-mail;
(B) facsimile; or
(C) posting on an Internet website;
(2) for which the identity of the property owner
submitting the ballot can be confirmed, unless the board elects to
allow voting by secret ballot under Section 209.0058(d); and
(3) for which the property owner may receive a receipt
of the electronic transmission and receipt of the owner's ballot.
SECTION 4. (a) This section takes effect only if the Act of
the 83rd Legislature, Regular Session, 2013, relating to
nonsubstantive additions to and corrections in enacted codes does
not become law.
(b) Section 209.00593, Property Code, as added by Chapter
1217 (S.B. 472), Acts of the 82nd Legislature, Regular Session,
2011, is amended by amending Subsections (a) and (d) and adding
Subsection (b-1) to read as follows:
(a) Subject to Subsection (b-1), the [The] voting rights of
an owner may be cast or given:
(1) in person or by proxy at a meeting of the property
owners' association;
(2) by absentee ballot in accordance with this
section;
(3) by electronic ballot in accordance with this
section; or
(4) by any method of representative or delegated
voting provided by a dedicatory instrument.
(b-1) If a property owners' association board elects to
allow voting by secret ballot under Section 209.0058(d), the
property owners' association must provide a practical and effective
means for each vote cast in an election or each vote cast by a member
of the property owners' association to be by secret ballot.
(d) For the purposes of this section, "electronic ballot"
means a ballot:
(1) given by:
(A) e-mail;
(B) facsimile; or
(C) posting on an Internet website;
(2) for which the identity of the property owner
submitting the ballot can be confirmed, unless the board elects to
allow voting by secret ballot under Section 209.0058(d); and
(3) for which the property owner may receive a receipt
of the electronic transmission and receipt of the owner's ballot.
SECTION 5. To the extent of any conflict, this Act prevails
over another Act of the 83rd Legislature, Regular Session, 2013,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 6. This Act takes effect January 1, 2014.