| 3 | 5 | | |
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| 4 | 6 | | |
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| 5 | 7 | | A BILL TO BE ENTITLED |
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| 6 | 8 | | AN ACT |
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| 7 | 9 | | relating to the eligibility of certain persons to serve on the board |
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| 8 | 10 | | of a property owners' association. |
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| 9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 12 | | SECTION 1. Section 209.00591, Property Code, is amended by |
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| 11 | 13 | | adding Subsection (a-2) to read as follows: |
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| 12 | 14 | | (a-2) A person may not serve on the board of a property |
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| 13 | 15 | | owners' association if the person cohabits at the same primary |
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| 14 | 16 | | residence with another board member of the association. This |
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| 15 | 17 | | subsection does not apply: |
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| 16 | 18 | | (1) to an association with fewer than 10 residences; |
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| 17 | 19 | | or |
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| 18 | 20 | | (2) during a subdivision's development period to |
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| 19 | 21 | | affect the eligibility to serve on the board of: |
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| 20 | 22 | | (A) a person who cohabits with a developer of the |
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| 21 | 23 | | subdivision regulated by the association; or |
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| 22 | 24 | | (B) the developer. |
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| 23 | 25 | | SECTION 2. The change in law made by this Act does not |
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| 24 | 26 | | affect the entitlement of a member serving on the board of a |
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| 25 | 27 | | property owners' association immediately before the effective date |
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| 26 | 28 | | of this Act to continue to carry out the board's functions for the |
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| 27 | 29 | | remainder of the member's term. The change in law applies only to a |
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| 28 | 30 | | member elected on or after the effective date of this Act. |
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| 29 | 31 | | SECTION 3. This Act takes effect immediately if it receives |
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| 30 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 35 | | Act takes effect September 1, 2019. |
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