Texas § BO.200.258 - VOTING IN ELECTION OF TRUST MANAGERS

§ BO.200.258. VOTING IN ELECTION OF TRUST MANAGERS

VOTING IN ELECTION OF TRUST MANAGERS. (a) Subject to Subsection (b), trust managers of a real estate investment trust shall be elected by two-thirds of the votes cast by the holders of shares entitled to vote in the election of trust managers at a meeting of shareholders at which a quorum is present. (b) The certificate of formation or bylaws of a real estate investment trust may provide that a trust manager of the real estate investment trust shall be elected only if the trust manager receives: (1) the vote of the holders of a specified portion, but not less than the majority, of the shares entitled to vote in the election of trust managers; (2) the vote of the holders of a specified portion, but not less than the majority, of the shares entitled to vote in the election of trust managers and represented in person or by proxy at a meeting of shareholders at which a quorum is present; or (3) the vote of the holders of a specified portion, but not less than the majority, of the votes cast by the holders of shares entitled to vote in the election of trust managers at a meeting of shareholders at which a quorum is present. (c) Subject to Section 200.259 , at each election of trust managers of a real estate investment trust, each shareholder entitled to vote at the election is entitled to vote, in person or by proxy, the number of shares owned by the shareholder for as many candidates as there are trust managers to be elected and for whose election the shareholder is entitled to vote. Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.