Sec. 200.058. BYLAWS. (a) The trust managers of a real estate investment trust shall adopt initial bylaws.
(b) The bylaws may contain provisions for the regulation and management of the affairs of the real estate investment trust that are consistent with law and the real estate investment trust's certificate of formation.
(c) The trust managers of a real estate investment trust may amend or repeal bylaws or adopt new bylaws unless:
(1) the real estate investment trust's certificate of formation or this chapter wholly or partly reserves the power exclusively to the real estate investment trust's shareholders; or
(2) in amending, repealing, or adopting a bylaw, the shareholders expressly provide that the trust managers may not amend, repeal, or readopt that bylaw.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Sec. 200.059. DUAL AUTHORITY. Unless the certificate of formation or a bylaw adopted by the shareholders provides otherwise as to all or a part of a real estate investment trust's bylaws, the shareholders of a real estate investment trust may amend, repeal, or adopt the bylaws of the real estate investment trust even if the bylaws may also be amended, repealed, or adopted by the trust managers of the real estate investment trust.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Structure Texas Statutes
Title 5 - Real Estate Investment Trusts
Chapter 200 - Real Estate Investment Trusts
Subchapter B. Formation and Governing Documents
Section 200.051. Declaration of Trust
Section 200.052. No Property Right in Certificate of Formation
Section 200.053. Procedures to Adopt Amendment to Certificate of Formation
Section 200.054. Adoption of Amendment by Trust Managers
Section 200.055. Adoption of Amendment by Shareholders
Section 200.056. Notice of and Meeting to Consider Proposed Amendment
Section 200.057. Adoption of Restated Certificate of Formation