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        |  | AN ACT | 
      
        |  | relating to secret ballots in a property owners' association | 
      
        |  | election or vote. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Section 209.0058, Property Code, is amended by | 
      
        |  | amending Subsection (a) and adding Subsection (d) to read as | 
      
        |  | follows: | 
      
        |  | (a)  Except as provided by Subsection (d), any [ 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. | 
      
        |  | (d)  A property owners' association may adopt rules to allow | 
      
        |  | voting by secret ballot by members of the association.  The | 
      
        |  | association must take measures to reasonably ensure that: | 
      
        |  | (1)  a member cannot cast more votes than the member is | 
      
        |  | eligible to cast in an election or vote; and | 
      
        |  | (2)  the association counts every vote cast by a member | 
      
        |  | that is eligible to cast a vote. | 
      
        |  | 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, 2015. | 
      
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        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
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        |  | I hereby certify that S.B. No. 864 passed the Senate on | 
      
        |  | April 30, 2015, by the following vote:  Yeas 31, Nays 0. | 
      
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        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
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        |  | I hereby certify that S.B. No. 864 passed the House on | 
      
        |  | May 19, 2015, by the following vote:  Yeas 146, Nays 0, two | 
      
        |  | present not voting. | 
      
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        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
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        |  | Approved: | 
      
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        |  | ______________________________ | 
      
        |  | Date | 
      
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        |  | ______________________________ | 
      
        |  | Governor |