| 1 | 1 | | S.B. No. 1672 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | AN ACT |
|---|
| 5 | 5 | | relating to extension or modification of restrictive covenants in |
|---|
| 6 | 6 | | certain residential real estate subdivisions. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Section 201.004, Property Code, is amended by |
|---|
| 9 | 9 | | adding Subsection (d) to read as follows: |
|---|
| 10 | 10 | | (d) If existing originally applicable restrictions provide |
|---|
| 11 | 11 | | a procedure for extension, that procedure may be used for |
|---|
| 12 | 12 | | successive extensions of the originally applicable restrictions |
|---|
| 13 | 13 | | unless the original restriction instrument expressly prohibits the |
|---|
| 14 | 14 | | procedure from being used for successive extensions. |
|---|
| 15 | 15 | | SECTION 2. Subdivision (4), Section 210.001, Property Code, |
|---|
| 16 | 16 | | is amended to read as follows: |
|---|
| 17 | 17 | | (4) "Residential real estate subdivision" or |
|---|
| 18 | 18 | | "subdivision" has the meaning assigned by Section 201.003, except |
|---|
| 19 | 19 | | that in a county described by Section 210.002(1) a subdivision that |
|---|
| 20 | 20 | | is a gated community with private streets need not be located in a |
|---|
| 21 | 21 | | city, town, or village or within the extraterritorial jurisdiction |
|---|
| 22 | 22 | | of a city, town, or village. |
|---|
| 23 | 23 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 24 | 24 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 25 | 25 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 26 | 26 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 27 | 27 | | Act takes effect September 1, 2009. |
|---|
| 28 | 28 | | ______________________________ ______________________________ |
|---|
| 29 | 29 | | President of the Senate Speaker of the House |
|---|
| 30 | 30 | | I hereby certify that S.B. No. 1672 passed the Senate on |
|---|
| 31 | 31 | | May 5, 2009, by the following vote: Yeas 31, Nays 0; and that the |
|---|
| 32 | 32 | | Senate concurred in House amendment on May 28, 2009, by the |
|---|
| 33 | 33 | | following vote: Yeas 31, Nays 0. |
|---|
| 34 | 34 | | ______________________________ |
|---|
| 35 | 35 | | Secretary of the Senate |
|---|
| 36 | 36 | | I hereby certify that S.B. No. 1672 passed the House, with |
|---|
| 37 | 37 | | amendment, on May 18, 2009, by the following vote: Yeas 136, |
|---|
| 38 | 38 | | Nays 0, one present not voting. |
|---|
| 39 | 39 | | ______________________________ |
|---|
| 40 | 40 | | Chief Clerk of the House |
|---|
| 41 | 41 | | Approved: |
|---|
| 42 | 42 | | ______________________________ |
|---|
| 43 | 43 | | Date |
|---|
| 44 | 44 | | ______________________________ |
|---|
| 45 | 45 | | Governor |
|---|