S.B. No. 472

	AN ACT
	relating to voting practices and elections of property owners'
	associations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 209.003, Property Code, is amended by
	adding Subsection (e) to read as follows:
	(e)  The following provisions of this chapter do not apply to
	a property owners' association that is a mixed use master
	association that existed before January 1, 1974, and that does not
	have the authority under a dedicatory instrument or other governing
	document to impose fines:
	(1)  Section 209.0058; and
	(2)  Section 209.00593.
	SECTION 2.  Chapter 209, Property Code, is amended by adding
	Section 209.0041 to read as follows:
	Sec. 209.0041.  ADOPTION OR AMENDMENT OF CERTAIN DEDICATORY
	INSTRUMENTS. (a)  In this section, "development period" means a
	period stated in a declaration during which a declarant reserves:
	(1)  a right to facilitate the development,
	construction, and marketing of the subdivision; and
	(2)  a right to direct the size, shape, and composition
	of the subdivision.
	(b)  This section applies to a residential subdivision in
	which property owners are subject to mandatory membership in a
	property owners' association.
	(c)  This section does not apply to a property owners'
	association that is subject to Chapter 552, Government Code, by
	application of Section 552.0036, Government Code.
	(d)  This section does not apply to the amendment of a
	declaration during a development period.
	(e)  This section applies to a dedicatory instrument
	regardless of the date on which the dedicatory instrument was
	created.
	(f)  This section supersedes any contrary requirement in a
	dedicatory instrument.
	(g)  To the extent of any conflict with another provision of
	this title, this section prevails.
	(h)  Except as provided by this subsection, a declaration may
	be amended only by a vote of 67 percent of the total votes allocated
	to property owners in the property owners' association, in addition
	to any governmental approval required by law. If the declaration
	contains a lower percentage, the percentage in the declaration
	controls.
	(i)  A bylaw may not be amended to conflict with the
	declaration.
	SECTION 3.  Chapter 209, Property Code, is amended by adding
	Sections 209.0058, 209.0059, 209.00592, 209.00593, and 209.00594
	to read as follows:
	Sec. 209.0058.  BALLOTS. (a)  Any vote cast in an election
	or vote by a member of a property owners' association must be in
	writing and signed by the member.
	(b)  Electronic votes cast under Section 209.00593
	constitute written and signed ballots.
	(c)  In an association-wide election, written and signed
	ballots are not required for uncontested races.
	Sec. 209.0059.  RIGHT TO VOTE. (a)  A provision in a
	dedicatory instrument that would disqualify a property owner from
	voting in an association election of board members or on any matter
	concerning the rights or responsibilities of the owner is void.
	(b)  This section does not apply to a property owners'
	association that is subject to Chapter 552, Government Code, by
	application of Section 552.0036, Government Code.
	Sec. 209.00592.  BOARD MEMBERSHIP. (a)  Except as provided
	by Subsection (b), a provision in a dedicatory instrument that
	restricts a property owner's right to run for a position on the
	board of the property owners' association is void.
	(b)  If a board is presented with written, documented
	evidence from a database or other record maintained by a
	governmental law enforcement authority that a board member has been
	convicted of a felony or crime involving moral turpitude, the board
	member is immediately ineligible to serve on the board of the
	property owners' association, automatically considered removed
	from the board, and prohibited from future service on the board.
	Sec. 209.00593.  VOTING; QUORUM.  (a)  The voting rights of
	an owner may be cast or given:
	(1)  in person or by proxy at a meeting of the property
	owners' association;
	(2)  by absentee ballot in accordance with this
	section;
	(3)  by electronic ballot in accordance with this
	section; or
	(4)  by any method of representative or delegated
	voting provided by a dedicatory instrument.
	(b)  An absentee or electronic ballot:
	(1)  may be counted as an owner present and voting for
	the purpose of establishing a quorum only for items appearing on the
	ballot;
	(2)  may not be counted, even if properly delivered, if
	the owner attends any meeting to vote in person, so that any vote
	cast at a meeting by a property owner supersedes any vote submitted
	by absentee or electronic ballot previously submitted for that
	proposal; and
	(3)  may not be counted on the final vote of a proposal
	if the motion was amended at the meeting to be different from the
	exact language on the absentee or electronic ballot.
	(c)  A solicitation for votes by absentee ballot must
	include:
	(1)  an absentee ballot that contains each proposed
	action and provides an opportunity to vote for or against each
	proposed action;
	(2)  instructions for delivery of the completed
	absentee ballot, including the delivery location; and
	(3)  the following language:  "By casting your vote via
	absentee ballot you will forgo the opportunity to consider and vote
	on any action from the floor on these proposals, if a meeting is
	held.  This means that if there are amendments to these proposals
	your votes will not be counted on the final vote on these measures.
	If you desire to retain this ability, please attend any meeting in
	person.  You may submit an absentee ballot and later choose to
	attend any meeting in person, in which case any in-person vote will
	prevail."
	(d)  For the purposes of this section, "electronic ballot"
	means a ballot:
	(1)  given by:
	(A)  e-mail;
	(B)  facsimile; or
	(C)  posting on an Internet website;
	(2)  for which the identity of the property owner
	submitting the ballot can be confirmed; and
	(3)  for which the property owner may receive a receipt
	of the electronic transmission and receipt of the owner's ballot.
	(e)  If an electronic ballot is posted on an Internet
	website, a notice of the posting shall be sent to each owner that
	contains instructions on obtaining access to the posting on the
	website.
	(f)  This section supersedes any contrary provision in a
	dedicatory instrument.
	(g)  This section does not apply to a property owners'
	association that is subject to Chapter 552, Government Code, by
	application of Section 552.0036, Government Code.
	Sec. 209.00594.  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 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 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 but may not
	disclose to any other person how an individual voted.
	(c)  Notwithstanding any other provision of this chapter or
	any other law, a person other than a person who tabulates votes
	under Subsection (b), including a person described by Subsection
	(a), may be given access to the ballots cast in the election or vote
	only as part of a recount process authorized by law.
	SECTION 4.  Section 209.0059, Subsection (a), Section
	209.00592, and Section 209.00593, Property Code, as added by this
	Act, apply to a provision in a dedicatory instrument enacted
	before, on, or after the effective date of this Act.
	SECTION 5.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 472 passed the Senate on
	March 17, 2011, by the following vote:  Yeas 30, Nays 1;
	May 26, 2011, Senate refused to concur in House amendments and
	requested appointment of Conference Committee; May 27, 2011, House
	granted request of the Senate; May 29, 2011, Senate adopted
	Conference Committee Report by the following vote:  Yeas 31,
	Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 472 passed the House, with
	amendments, on May 25, 2011, by the following vote:  Yeas 76,
	Nays 69, one present not voting; May 27, 2011, House granted
	request of the Senate for appointment of Conference Committee;
	May 29, 2011, House adopted Conference Committee Report by the
	following vote:  Yeas 77, Nays 65, one present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor