By: Bohac (Senate Sponsor - Whitmire) H.B. No. 1025
(In the Senate - Received from the House May 6, 2019;
May 7, 2019, read first time and referred to Committee on Business &
Commerce; May 20, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 20, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1025 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to membership on and the eligibility of certain persons to
serve on the board of certain property owners' associations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 209.00591, Property Code, is amended by
adding Subsections (a-2) and (a-3) to read as follows:
(a-2) Notwithstanding any other provision of this chapter,
a property owners' association that governs a subdivision comprised
of multiple sections may designate in an association instrument
governing the administration or operation of the association a
specified number of positions on the board, each of which must be
elected from a designated section of the subdivision. The
instrument may require each board member representing a section to
reside in that section.
(a-3) A person may not serve on the board of a property
owners' association if the person cohabits at the same primary
residence with another board member of the association. This
subsection does not apply:
(1) to an association with fewer than 10 residences;
or
(2) during a subdivision's development period to
affect the eligibility to serve on the board of:
(A) a person who cohabits with a developer of the
subdivision regulated by the association; or
(B) the developer.
SECTION 2. Section 209.00591(a-3), Property Code, as added
by this Act:
(1) does not affect the entitlement of a member
serving on the board of a property owners' association immediately
before the effective date of this Act to continue to carry out the
board's functions for the remainder of the member's term; and
(2) applies only to a member elected on or after the
effective date of this Act.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2019.
(b) Section 209.00591(a-3), Property Code, as added by this
Act, takes effect immediately if this Act 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, Section
209.00591(a-3), Property Code, as added by this Act, takes effect
September 1, 2019.
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