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.

Previously Filed As

TX HB1558

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

TX HB1786

Relating to the amendment of restrictive covenants of certain residential subdivisions.

TX HB3699

Relating to municipal regulation of subdivisions and approval of subdivision plans or plats.

TX HB2153

Relating to the amendment of restrictive covenants applicable to certain subdivisions.

TX HB5222

Relating to consent to the creation of certain political subdivisions.

TX SB2349

Relating to consent to the creation of certain political subdivisions.

TX HB4192

Relating to the overnight parking of a commercial motor vehicle in or near certain residential subdivisions.

TX HB4559

Relating to the application of statutes that classify political subdivisions according to population.

TX HB2516

Relating to certain rights and duties of residential tenants and landlords.

TX HB4991

Relating to the regulation of platting and subdivisions of land by a municipality or county.

Similar Bills

TX HB1558

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

TX HB2274

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

CA AB1384

Civil rights.

CA AB1438

Civil rights.

CA AB1991

Motels and hotels: publicly funded shelter programs.

TX HB3321

Relating to creation, re-creation, extension, renewal, or modification of or addition to deed restrictions in certain areas.

CA AB1466

Real property: discriminatory restrictions.

CA AB721

Covenants and restrictions: affordable housing.