| 1 | 1 | | 88R8725 KBB-D |
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| 2 | 2 | | By: Raney H.B. No. 2428 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requirements for a vote to amend certain dedicatory |
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| 8 | 8 | | instruments by a property owners' association. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 209.0041(h), Property Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (h) A [Except as provided by Subsection (h-1) or (h-2), a] |
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| 13 | 13 | | declaration may be amended only by a vote of 67 percent of the |
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| 14 | 14 | | [total votes allocated to] property owners entitled to vote on the |
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| 15 | 15 | | amendment of the declaration and present in person or by proxy at |
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| 16 | 16 | | the time the vote is taken, in addition to any governmental approval |
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| 17 | 17 | | required by law. |
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| 18 | 18 | | SECTION 2. Sections 209.0041(h-1) and (h-2), Property Code, |
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| 19 | 19 | | are repealed. |
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| 20 | 20 | | SECTION 3. The change in law made by this Act applies only |
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| 21 | 21 | | to a vote held on or after the effective date of this Act. A vote |
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| 22 | 22 | | held before the effective date of this Act is governed by the law as |
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| 23 | 23 | | it existed immediately before that date, and that law is continued |
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| 24 | 24 | | in effect for that purpose. |
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| 25 | 25 | | SECTION 4. This Act takes effect September 1, 2023. |
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