Bill Text: TX HB3777 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the confidentiality of ballots and proxies in a property owners' association election or vote.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-09 - Referred to Local Government [HB3777 Detail]
Download: Texas-2023-HB3777-Engrossed.html
88R13882 SHH-F | ||
By: Jetton | H.B. No. 3777 |
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relating to the confidentiality of ballots and proxies in a | ||
property owners' association election or vote. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 82.002(c-1), Property Code, is amended | ||
to read as follows: | ||
(c-1) Sections [ |
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to a condominium for which the declaration was recorded before | ||
January 1, 1994. | ||
SECTION 2. Subchapter C, Chapter 82, Property Code, is | ||
amended by adding Section 82.1142 to read as follows: | ||
Sec. 82.1142. TABULATION OF AND ACCESS TO BALLOTS. (a) | ||
Notwithstanding any other provision of this chapter or any other | ||
law, a person who is a candidate in an association election or who | ||
is otherwise the subject of an association vote, or a person related | ||
to that person within the third degree by consanguinity or | ||
affinity, as determined under Chapter 573, Government Code, may not | ||
tabulate or otherwise be given access to the ballots cast in or | ||
proxies submitted to the association for that election or vote | ||
except as provided by this section. | ||
(b) A person other than a person described by Subsection (a) | ||
may tabulate votes in an association election or vote. | ||
(c) A person who tabulates votes under Subsection (b) may | ||
not disclose to any other person how an individual voted or to whom | ||
an individual assigned their proxy. | ||
(d) Notwithstanding any other provision of this chapter or | ||
any other law, only a person who tabulates votes under Subsection | ||
(b) may be given access to the ballots cast in or proxies submitted | ||
to the association for the election or vote. | ||
(e) This section may not be construed to affect a person's | ||
obligation to comply with a court order for the release of ballots | ||
or other voting records. | ||
(f) This section supersedes any contrary provision in a | ||
dedicatory instrument. | ||
SECTION 3. Section 209.00594, Property Code, is amended by | ||
amending Subsections (a), (b-1), and (c) and adding Subsection (e) | ||
to read as follows: | ||
(a) Notwithstanding any other provision of this chapter or | ||
any other law, a person who is a candidate in a property owners' | ||
association election or who is otherwise the subject of an | ||
association vote, or a person related to that person within the | ||
third degree by consanguinity or affinity, as determined under | ||
Chapter 573, Government Code, may not tabulate or otherwise be | ||
given access to the ballots cast in or proxies submitted to the | ||
property owners' association for that election or vote except as | ||
provided by this section. | ||
(b-1) A person who tabulates votes under Subsection (b) or | ||
who performs a recount under Section 209.0057(c) may not disclose | ||
to any other person how an individual voted or to whom an individual | ||
assigned their proxy. | ||
(c) Notwithstanding any other provision of this chapter or | ||
any other law, only a person who tabulates votes under Subsection | ||
(b) or who performs a recount under Section 209.0057(c) may be given | ||
access to the ballots cast in or proxies submitted to the property | ||
owners' association for the election or vote. | ||
(e) This section supersedes any contrary provision in a | ||
dedicatory instrument. | ||
SECTION 4. 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. |