Texas 2019 - 86th Regular

Texas House Bill HB1025 Compare Versions

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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
29
310
11+ A BILL TO BE ENTITLED
412 AN ACT
513 relating to membership on and the eligibility of certain persons to
614 serve on the board of certain property owners' associations.
715 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
816 SECTION 1. Section 209.00591, Property Code, is amended by
917 adding Subsections (a-2) and (a-3) to read as follows:
1018 (a-2) Notwithstanding any other provision of this chapter,
1119 a property owners' association that governs a subdivision comprised
1220 of multiple sections may designate in an association instrument
1321 governing the administration or operation of the association a
1422 specified number of positions on the board, each of which must be
1523 elected from a designated section of the subdivision. The
1624 instrument may require each board member representing a section to
1725 reside in that section.
1826 (a-3) A person may not serve on the board of a property
1927 owners' association if the person cohabits at the same primary
2028 residence with another board member of the association. This
2129 subsection does not apply:
2230 (1) to an association with fewer than 10 residences;
2331 or
2432 (2) during a subdivision's development period to
2533 affect the eligibility to serve on the board of:
2634 (A) a person who cohabits with a developer of the
2735 subdivision regulated by the association; or
2836 (B) the developer.
2937 SECTION 2. Section 209.00591(a-3), Property Code, as added
3038 by this Act:
3139 (1) does not affect the entitlement of a member
3240 serving on the board of a property owners' association immediately
3341 before the effective date of this Act to continue to carry out the
3442 board's functions for the remainder of the member's term; and
3543 (2) applies only to a member elected on or after the
3644 effective date of this Act.
3745 SECTION 3. (a) Except as provided by Subsection (b) of this
3846 section, this Act takes effect September 1, 2019.
3947 (b) Section 209.00591(a-3), Property Code, as added by this
4048 Act, takes effect immediately if this Act receives a vote of
4149 two-thirds of all the members elected to each house, as provided by
4250 Section 39, Article III, Texas Constitution. If this Act does not
4351 receive the vote necessary for immediate effect, Section
4452 209.00591(a-3), Property Code, as added by this Act, takes effect
4553 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+ * * * * *