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.
(b-1) A person who tabulates votes under Subsection (b) or who performs a recount under Section 209.0057(c) may not disclose to any other person how an individual voted.
(c) Notwithstanding any other provision of this chapter or any other law, only a person who tabulates votes under Subsection (b) or who performs a recount under Section 209.0057(c) may be given access to the ballots cast in the election or vote.
(d) This section may not be construed to affect a person's obligation to comply with a court order for the release of ballots or other voting records.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1217 (S.B. 472), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 16, eff. September 1, 2015.
Structure Texas Statutes
Title 11 - Restrictive Covenants
Chapter 209 - Texas Residential Property Owners Protection Act
Section 209.003. Applicability of Chapter
Section 209.004. Management Certificates
Section 209.0041. Adoption or Amendment of Certain Dedicatory Instruments
Section 209.0042. Methods of Providing Notices to Owners
Section 209.005. Association Records
Section 209.00505. Architectural Review Authority
Section 209.0051. Open Board Meetings
Section 209.0052. Association Contracts
Section 209.0056. Notice of Election or Association Vote
Section 209.0057. Recount of Votes
Section 209.0059. Right to Vote
Section 209.00591. Board Membership
Section 209.00592. Voting; Quorum
Section 209.00593. Election of Board Members
Section 209.00594. Tabulation of and Access to Ballots
Section 209.006. Notice Required Before Enforcement Action
Section 209.0062. Alternative Payment Schedule for Certain Assessments
Section 209.0063. Priority of Payments
Section 209.0064. Third Party Collections
Section 209.0065. Credit Reporting Services
Section 209.007. Hearing Before Board; Alternative Dispute Resolution
Section 209.008. Attorney's Fees
Section 209.009. Foreclosure Sale Prohibited in Certain Circumstances
Section 209.0092. Judicial Foreclosure Required
Section 209.0093. Removal or Adoption of Foreclosure Authority
Section 209.0094. Assessment Lien Filing
Section 209.010. Notice After Foreclosure Sale
Section 209.011. Right of Redemption After Foreclosure
Section 209.012. Restrictive Covenants Granting Easements to Certain Property Owners' Associations
Section 209.014. Mandatory Election Required After Failure to Call Regular Meeting
Section 209.015. Regulation of Land Use: Residential Purpose
Section 209.016. Regulation of Residential Leases or Rental Agreements