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 | ||
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| 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 | ||
