88R13881 PRL-F
By: Jetton H.B. No. 3776
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility and solicitation of persons to serve on
the architectural review authority of a property owners'
association.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 209.00505(c), Property Code, is
redesignated as Section 209.00506, Property Code, and amended to
read as follows:
Sec. 209.00506. ELIGIBILITY TO SERVE ON ARCHITECTURAL
REVIEW AUTHORITY. (a) This section applies only to an
architectural review authority to which Section 209.00505 applies.
(b) Except as provided by Subsection (d), a person may not
be appointed or elected to serve on an architectural review
authority unless the person timely notifies the association of the
person's interest in serving on the authority in accordance with
Section 209.00507.
(c) Except as provided by Subsection (d), a [A] person may
not be appointed or elected to serve on an architectural review
authority if the person is:
(1) a current board member;
(2) a current board member's spouse; or
(3) a person residing in a current board member's
household.
(d) If a vacancy remains on the architectural review
authority after each person eligible under Subsection (c) who
timely notifies the association in accordance with Section
209.00507 is appointed or elected to the authority, the association
may appoint any person to fill the vacancy, including a person not
otherwise eligible under Subsection (c).
SECTION 2. Chapter 209, Property Code, is amended by adding
Section 209.00507 to read as follows:
Sec. 209.00507. SOLICITATION OF CANDIDATES FOR
ARCHITECTURAL REVIEW AUTHORITY. (a) This section applies only to
an architectural review authority to which Section 209.00505
applies.
(b) Not later than the 10th day before the date a property
owners' association or board takes action to elect or appoint or
meets to elect or appoint a person to serve on the architectural
review authority, the association must provide notice to the
association members soliciting persons interested in serving on the
architectural review authority.
(c) The notice required under Subsection (b) must:
(1) be provided:
(A) by mail to each owner; or
(B) by:
(i) posting the notice in a conspicuous
manner reasonably designed to provide notice to association
members:
(a) in a place located on the
association's common property or, with the property owner's
consent, on other conspicuously located privately owned property
within the subdivision; or
(b) on any Internet website
maintained by the association or other Internet media; and
(ii) sending the notice by e-mail to each
owner who has registered an e-mail address with the association;
and
(2) contain instructions for a person to notify the
association of the person's interest in serving on the
architectural review authority, including the date by which the
person's notification must be received by the association.
(d) The date by which a person must notify the association
of the person's interest in serving on the architectural review
authority may not be earlier than the 10th day after the date the
association provides the notice described by Subsection (c).
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.