Texas 2023 - 88th Regular

Texas House Bill HB3776 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R13881 PRL-F
2	2	By: Jetton H.B. No. 3776
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility and solicitation of persons to serve on
8	8	the architectural review authority of a property owners'
9	9	association.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 209.00505(c), Property Code, is
12	12	redesignated as Section 209.00506, Property Code, and amended to
13	13	read as follows:
14	14	Sec. 209.00506. ELIGIBILITY TO SERVE ON ARCHITECTURAL
15	15	REVIEW AUTHORITY. (a) This section applies only to an
16	16	architectural review authority to which Section 209.00505 applies.
17	17	(b) Except as provided by Subsection (d), a person may not
18	18	be appointed or elected to serve on an architectural review
19	19	authority unless the person timely notifies the association of the
20	20	person's interest in serving on the authority in accordance with
21	21	Section 209.00507.
22	22	(c) Except as provided by Subsection (d), a [A] person may
23	23	not be appointed or elected to serve on an architectural review
24	24	authority if the person is:
25	25	(1) a current board member;
26	26	(2) a current board member's spouse; or
27	27	(3) a person residing in a current board member's
28	28	household.
29	29	(d) If a vacancy remains on the architectural review
30	30	authority after each person eligible under Subsection (c) who
31	31	timely notifies the association in accordance with Section
32	32	209.00507 is appointed or elected to the authority, the association
33	33	may appoint any person to fill the vacancy, including a person not
34	34	otherwise eligible under Subsection (c).
35	35	SECTION 2. Chapter 209, Property Code, is amended by adding
36	36	Section 209.00507 to read as follows:
37	37	Sec. 209.00507. SOLICITATION OF CANDIDATES FOR
38	38	ARCHITECTURAL REVIEW AUTHORITY. (a) This section applies only to
39	39	an architectural review authority to which Section 209.00505
40	40	applies.
41	41	(b) Not later than the 10th day before the date a property
42	42	owners' association or board takes action to elect or appoint or
43	43	meets to elect or appoint a person to serve on the architectural
44	44	review authority, the association must provide notice to the
45	45	association members soliciting persons interested in serving on the
46	46	architectural review authority.
47	47	(c) The notice required under Subsection (b) must:
48	48	(1) be provided:
49	49	(A) by mail to each owner; or
50	50	(B) by:
51	51	(i) posting the notice in a conspicuous
52	52	manner reasonably designed to provide notice to association
53	53	members:
54	54	(a) in a place located on the
55	55	association's common property or, with the property owner's
56	56	consent, on other conspicuously located privately owned property
57	57	within the subdivision; or
58	58	(b) on any Internet website
59	59	maintained by the association or other Internet media; and
60	60	(ii) sending the notice by e-mail to each
61	61	owner who has registered an e-mail address with the association;
62	62	and
63	63	(2) contain instructions for a person to notify the
64	64	association of the person's interest in serving on the
65	65	architectural review authority, including the date by which the
66	66	person's notification must be received by the association.
67	67	(d) The date by which a person must notify the association
68	68	of the person's interest in serving on the architectural review
69	69	authority may not be earlier than the 10th day after the date the
70	70	association provides the notice described by Subsection (c).
71	71	SECTION 3. This Act takes effect immediately if it receives
72	72	a vote of two-thirds of all the members elected to each house, as
73	73	provided by Section 39, Article III, Texas Constitution. If this
74	74	Act does not receive the vote necessary for immediate effect, this
75	75	Act takes effect September 1, 2023.