Bill Text: TX HB1025 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to membership on and the eligibility of certain persons to serve on the board of certain property owners' associations.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-06-14 - See remarks for effective date [HB1025 Detail]

Download: Texas-2019-HB1025-Enrolled.html
 
 
  H.B. No. 1025
 
 
 
 
AN ACT
  relating to membership on and the eligibility of certain persons to
  serve on the board of certain property owners' associations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 209.00591, Property Code, is amended by
  adding Subsections (a-2) and (a-3) to read as follows:
         (a-2)  Notwithstanding any other provision of this chapter,
  a property owners' association that governs a subdivision comprised
  of multiple sections may designate in an association instrument
  governing the administration or operation of the association a
  specified number of positions on the board, each of which must be
  elected from a designated section of the subdivision. The
  instrument may require each board member representing a section to
  reside in that section.
         (a-3)  A person may not serve on the board of a property
  owners' association if the person cohabits at the same primary
  residence with another board member of the association.  This
  subsection does not apply:
               (1)  to an association with fewer than 10 residences;
  or
               (2)  during a subdivision's development period to
  affect the eligibility to serve on the board of:
                     (A)  a person who cohabits with a developer of the
  subdivision regulated by the association; or
                     (B)  the developer.
         SECTION 2.  Section 209.00591(a-3), Property Code, as added
  by this Act:
               (1)  does not affect the entitlement of a member
  serving on the board of a property owners' association immediately
  before the effective date of this Act to continue to carry out the
  board's functions for the remainder of the member's term; and
               (2)  applies only to a member elected on or after the
  effective date of this Act.
         SECTION 3.  (a) Except as provided by Subsection (b) of this
  section, this Act takes effect September 1, 2019.
         (b)  Section 209.00591(a-3), Property Code, as added by this
  Act, takes effect immediately if this Act 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, Section
  209.00591(a-3), Property Code, as added by this Act, takes effect
  September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1025 was passed by the House on May 3,
  2019, by the following vote:  Yeas 140, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1025 on May 24, 2019, by the following vote:  Yeas 134, Nays 7,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1025 was passed by the Senate, with
  amendments, on May 22, 2019, by the following vote:  Yeas 29, Nays
  2.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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