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        |  | AN ACT | 
      
        |  | relating to the appointment of a board member of a property owners' | 
      
        |  | association to fill a vacancy. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Section 209.00593(a), Property Code, as added by | 
      
        |  | Chapter 1026 (H.B. 2761), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is amended to read as follows: | 
      
        |  | (a)  Notwithstanding any provision in a dedicatory | 
      
        |  | instrument, any board member whose term has expired must be elected | 
      
        |  | by owners who are members of the property owners' association.  A | 
      
        |  | board member may be appointed by the board [ only] to fill a vacancy | 
      
        |  | on the board [ caused by a resignation, death, or disability].  A | 
      
        |  | board member appointed to fill a vacant position shall serve for the | 
      
        |  | remainder of the unexpired term of the position [ predecessor board  | 
      
        |  | member]. | 
      
        |  | SECTION 2.  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, 2013. | 
      
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        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
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        |  | I certify that H.B. No. 3176 was passed by the House on May 1, | 
      
        |  | 2013, by the following vote:  Yeas 143, Nays 0, 1 present, not | 
      
        |  | voting. | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
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        |  | I certify that H.B. No. 3176 was passed by the Senate on May | 
      
        |  | 20, 2013, by the following vote:  Yeas 31, Nays 0. | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
        |  | APPROVED:  _____________________ | 
      
        |  | Date | 
      
        |  |  | 
      
        |  | _____________________ | 
      
        |  | Governor |