Texas 2011 - 82nd Regular

Texas House Bill HB1071

Filed
 
Introduced
2/2/11  
Out of House Committee
4/14/11  
Voted on by House
5/6/11  
Refer
2/28/11  
Out of Senate Committee
5/19/11  
Report Pass
4/13/11  
Voted on by Senate
5/25/11  
Engrossed
5/6/11  
Governor Action
6/17/11  
Refer
5/9/11  
Bill Becomes Law
 
Report Pass
5/19/11  
Enrolled
5/27/11  
Enrolled
5/27/11  
Passed
6/17/11  

Caption

Relating to the extension of deed restrictions in certain residential real estate subdivisions.

Impact

The introduction of HB1071 represents a significant change in how deed restrictions can be extended in large Texas municipalities. By permitting owners to extend these restrictions via a majority agreement without necessitating the creation of or action by homeowners' associations, the bill simplifies processes that had previously required more bureaucratic engagement. This change is expected to empower residents by giving them direct control over property governance, potentially leading to increased property values and community cohesion in neighborhoods where such restrictions are crucial.

Summary

House Bill 1071 aims to facilitate the extension of deed restrictions within specific residential real estate subdivisions in Texas. The bill introduces Chapter 212 to the Property Code, which allows for such extensions through a majority vote of the owners of lots within the subdivision. The legislation is particularly targeted at subdivisions located within municipalities having a population exceeding two million, emphasizing its focus on densely populated areas. Under this framework, the procedure for extending deed restrictions is more streamlined compared to previous regulations, promoting community involvement and decision-making for property owners.

Contention

While the bill is aimed at enhancing local governance and property management, there could be notable contention regarding its implications on property rights. Critics might argue that the majority's decision could override the interests of minority property owners, potentially entrapping them in long-term restrictions they may not desire. Furthermore, the binding nature of these extensions on all lots within the subdivision, regardless of individual owner consent, could lead to disputes. The balance between fostering community standards through deed restrictions and respecting individual property rights will likely remain a focal point of discussion among stakeholders.

Companion Bills

No companion bills found.

Similar Bills

TX HB2274

Relating to the extension or amendment of deed restrictions in certain older subdivisions.

TX HB1558

Relating to the extension or amendment of deed restrictions in certain older subdivisions.

MS SB2481

Residential subdivisions; authorize property owners to establish and/or amend covenants, conditions and restrictions.

CA AB1385

Unlawfully restrictive covenants: housing developments: major wildfire disasters.

CA AB1050

Unlawfully restrictive covenants: housing developments: reciprocal easement agreements.