| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to secret ballots in a property owners' association |
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| 8 | 6 | | election or vote. |
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| 9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 8 | | SECTION 1. Section 209.0058, Property Code, is amended by |
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| 11 | 9 | | amending Subsection (a) and adding Subsection (d) to read as |
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| 12 | 10 | | follows: |
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| 13 | 11 | | (a) Except as provided by Subsection (d), any [Any] vote |
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| 14 | 12 | | cast in an election or vote by a member of a property owners' |
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| 15 | 13 | | association must be in writing and signed by the member. |
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| 16 | 14 | | (d) A property owners' association may adopt rules to allow |
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| 17 | 15 | | voting by secret ballot by members of the association. The |
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| 18 | 16 | | association must take measures to reasonably ensure that: |
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| 19 | 17 | | (1) a member cannot cast more votes than the member is |
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| 20 | 18 | | eligible to cast in an election or vote; and |
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| 21 | 19 | | (2) the association counts every vote cast by a member |
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| 22 | 20 | | that is eligible to cast a vote. |
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| 23 | 21 | | SECTION 2. This Act takes effect immediately if it receives |
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| 24 | 22 | | a vote of two-thirds of all the members elected to each house, as |
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| 25 | 23 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 26 | 24 | | Act does not receive the vote necessary for immediate effect, this |
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| 27 | 25 | | Act takes effect September 1, 2015. |
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| 26 | + | ______________________________ ______________________________ |
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| 27 | + | President of the Senate Speaker of the House |
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| 28 | + | I hereby certify that S.B. No. 864 passed the Senate on |
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| 29 | + | April 30, 2015, by the following vote: Yeas 31, Nays 0. |
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| 30 | + | ______________________________ |
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| 31 | + | Secretary of the Senate |
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| 32 | + | I hereby certify that S.B. No. 864 passed the House on |
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| 33 | + | May 19, 2015, by the following vote: Yeas 146, Nays 0, two |
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| 34 | + | present not voting. |
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| 35 | + | ______________________________ |
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| 36 | + | Chief Clerk of the House |
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| 37 | + | Approved: |
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| 38 | + | ______________________________ |
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| 39 | + | Date |
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| 40 | + | ______________________________ |
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| 41 | + | Governor |
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