By: Birdwell S.B. No. 864
(In the Senate - Filed March 2, 2015; March 4, 2015, read
first time and referred to Committee on Business and Commerce;
April 20, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 20, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 864 By: Eltife
A BILL TO BE ENTITLED
AN ACT
relating to secret ballots in a property owners' association
election or vote.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 209.0058, Property Code, is amended by
amending Subsection (a) 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.
(d) A property owners' association may adopt rules to allow
voting by secret ballot by members of the association. The
association must take measures to reasonably ensure that:
(1) a member cannot cast more votes than the member is
eligible to cast in an election or vote; and
(2) the association counts every vote cast by a member
that is eligible to cast a vote.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
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