Texas 2021 - 87th Regular

Texas House Bill HB2447 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R18373~~ DRS-D
	1	+	87R3035 DRS-D
2	2		By: Davis H.B. No. 2447
3		-	Substitute the following for H.B. No. 2447:
4		-	By: Turner of Tarrant C.S.H.B. No. 2447
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to suits against a property owners' association.
	7	+	relating to the recall of a board member of and suits against a
	8	+	property owners' association.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Chapter 209, Property Code, is amended by adding
12		-	Section 209.017 to read as follows:
	11	+	Sections 209.00595 and 209.017 to read as follows:
	12	+	Sec. 209.00595. RECALL OF BOARD MEMBERS. (a) Owners
	13	+	holding at least 20 percent of all voting interests in a property
	14	+	owners' association may petition the association and require a
	15	+	special meeting to be called for the sole purpose of conducting a
	16	+	recall election to recall a member of the board. The petition may
	17	+	not name more than one board member to be subject to recall. Each
	18	+	owner signing the petition shall provide the owner's printed name
	19	+	and residential address and the date the owner signs the petition.
	20	+	The petition must be sent by certified mail, return receipt
	21	+	requested, to the registered agent of the property owners'
	22	+	association and to the association at the address for the
	23	+	association according to the most recently filed management
	24	+	certificate.
	25	+	(b) Not later than the 90th day after the date the property
	26	+	owners' association receives the petition, the association shall
	27	+	hold a meeting for the sole purpose of conducting the recall
	28	+	election.
	29	+	(c) If the majority of votes received in a recall election
	30	+	are for the recall of the named board member, the member's position
	31	+	on the board becomes vacant immediately. The board shall fill the
	32	+	vacancy as provided by Section 209.00593.
13	33		Sec. 209.017. JUSTICE COURT JURISDICTION. An owner of
14	34		property in a subdivision may bring an action for a violation of
15	35		this chapter against the property owners' association of the
16	36		subdivision in the justice court of a precinct in which all or part
17	37		of the subdivision is located.
18	38		SECTION 2. Section 209.017, Property Code, as added by this
19	39		Act, applies only to an action brought on or after the effective
20	40		date of this Act.
21	41		SECTION 3. This Act takes effect September 1, 2021.