1 | | - | H.B. No. 1025 |
---|
| 1 | + | By: Bohac (Senate Sponsor - Whitmire) H.B. No. 1025 |
---|
| 2 | + | (In the Senate - Received from the House May 6, 2019; |
---|
| 3 | + | May 7, 2019, read first time and referred to Committee on Business & |
---|
| 4 | + | Commerce; May 20, 2019, reported adversely, with favorable |
---|
| 5 | + | Committee Substitute by the following vote: Yeas 8, Nays 0; |
---|
| 6 | + | May 20, 2019, sent to printer.) |
---|
| 7 | + | Click here to see the committee vote |
---|
| 8 | + | COMMITTEE SUBSTITUTE FOR H.B. No. 1025 By: Whitmire |
---|
4 | 12 | | AN ACT |
---|
5 | 13 | | relating to membership on and the eligibility of certain persons to |
---|
6 | 14 | | serve on the board of certain property owners' associations. |
---|
7 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
8 | 16 | | SECTION 1. Section 209.00591, Property Code, is amended by |
---|
9 | 17 | | adding Subsections (a-2) and (a-3) to read as follows: |
---|
10 | 18 | | (a-2) Notwithstanding any other provision of this chapter, |
---|
11 | 19 | | a property owners' association that governs a subdivision comprised |
---|
12 | 20 | | of multiple sections may designate in an association instrument |
---|
13 | 21 | | governing the administration or operation of the association a |
---|
14 | 22 | | specified number of positions on the board, each of which must be |
---|
15 | 23 | | elected from a designated section of the subdivision. The |
---|
16 | 24 | | instrument may require each board member representing a section to |
---|
17 | 25 | | reside in that section. |
---|
18 | 26 | | (a-3) A person may not serve on the board of a property |
---|
19 | 27 | | owners' association if the person cohabits at the same primary |
---|
20 | 28 | | residence with another board member of the association. This |
---|
21 | 29 | | subsection does not apply: |
---|
22 | 30 | | (1) to an association with fewer than 10 residences; |
---|
23 | 31 | | or |
---|
24 | 32 | | (2) during a subdivision's development period to |
---|
25 | 33 | | affect the eligibility to serve on the board of: |
---|
26 | 34 | | (A) a person who cohabits with a developer of the |
---|
27 | 35 | | subdivision regulated by the association; or |
---|
28 | 36 | | (B) the developer. |
---|
29 | 37 | | SECTION 2. Section 209.00591(a-3), Property Code, as added |
---|
30 | 38 | | by this Act: |
---|
31 | 39 | | (1) does not affect the entitlement of a member |
---|
32 | 40 | | serving on the board of a property owners' association immediately |
---|
33 | 41 | | before the effective date of this Act to continue to carry out the |
---|
34 | 42 | | board's functions for the remainder of the member's term; and |
---|
35 | 43 | | (2) applies only to a member elected on or after the |
---|
36 | 44 | | effective date of this Act. |
---|
37 | 45 | | SECTION 3. (a) Except as provided by Subsection (b) of this |
---|
38 | 46 | | section, this Act takes effect September 1, 2019. |
---|
39 | 47 | | (b) Section 209.00591(a-3), Property Code, as added by this |
---|
40 | 48 | | Act, takes effect immediately if this Act receives a vote of |
---|
41 | 49 | | two-thirds of all the members elected to each house, as provided by |
---|
42 | 50 | | Section 39, Article III, Texas Constitution. If this Act does not |
---|
43 | 51 | | receive the vote necessary for immediate effect, Section |
---|
44 | 52 | | 209.00591(a-3), Property Code, as added by this Act, takes effect |
---|
45 | 53 | | September 1, 2019. |
---|
46 | | - | ______________________________ ______________________________ |
---|
47 | | - | President of the Senate Speaker of the House |
---|
48 | | - | I certify that H.B. No. 1025 was passed by the House on May 3, |
---|
49 | | - | 2019, by the following vote: Yeas 140, Nays 0, 2 present, not |
---|
50 | | - | voting; and that the House concurred in Senate amendments to H.B. |
---|
51 | | - | No. 1025 on May 24, 2019, by the following vote: Yeas 134, Nays 7, |
---|
52 | | - | 2 present, not voting. |
---|
53 | | - | ______________________________ |
---|
54 | | - | Chief Clerk of the House |
---|
55 | | - | I certify that H.B. No. 1025 was passed by the Senate, with |
---|
56 | | - | amendments, on May 22, 2019, by the following vote: Yeas 29, Nays |
---|
57 | | - | 2. |
---|
58 | | - | ______________________________ |
---|
59 | | - | Secretary of the Senate |
---|
60 | | - | APPROVED: __________________ |
---|
61 | | - | Date |
---|
62 | | - | __________________ |
---|
63 | | - | Governor |
---|
| 54 | + | * * * * * |
---|