| 1 | 1 | | 84R24208 NC-D |
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| 2 | 2 | | By: Keffer H.B. No. 2147 |
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| 3 | 3 | | Substitute the following for H.B. No. 2147: |
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| 4 | 4 | | By: Simmons C.S.H.B. No. 2147 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to secret ballots in a property owners' association |
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| 10 | 10 | | election or vote. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 209.0058, Property Code, is amended by |
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| 13 | 13 | | amending Subsection (a) and adding Subsection (d) to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | (a) Except as provided by Subsection (d), any [Any] vote |
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| 16 | 16 | | cast in an election or vote by a member of a property owners' |
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| 17 | 17 | | association must be in writing and signed by the member. |
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| 18 | 18 | | (d) A property owners' association may adopt rules to allow |
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| 19 | 19 | | voting by secret ballot by members of the association. The |
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| 20 | 20 | | association must take measures to reasonably ensure that: |
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| 21 | 21 | | (1) a member cannot cast more votes than the member is |
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| 22 | 22 | | eligible to cast in an election or vote; and |
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| 23 | 23 | | (2) the association counts all votes cast by members |
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| 24 | 24 | | eligible to cast the votes. |
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| 25 | 25 | | SECTION 2. This Act takes effect immediately if it receives |
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| 26 | 26 | | a vote of two-thirds of all the members elected to each house, as |
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| 27 | 27 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 28 | 28 | | Act does not receive the vote necessary for immediate effect, this |
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| 29 | 29 | | Act takes effect September 1, 2015. |
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