82R308 AJA-D
By: Paxton H.B. No. 1635
A BILL TO BE ENTITLED
AN ACT
relating to exceptions to the prohibition of certain fees for a
future transfer of residential real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.017(c), Property Code, is amended to
read as follows:
(c) This section does not apply to a deed restriction or
other covenant running with the land that requires a fee associated
with the conveyance of property [in a subdivision] that is payable:
(1) to:
(A) [(1)] a property owners' association that
manages or regulates the subdivision or the association's managing
agent if the subdivision contains more than one platted lot;
(B) [(2)] an entity organized under Section
501(c)(3), Internal Revenue Code of 1986; or
(C) [(3)] a governmental entity; or
(2) for the benefit or in consideration of a
conservation easement created under Chapter 183, Natural Resources
Code, located in a county with a population of at least 490,000 that
is adjacent to:
(A) a county in this state that borders Oklahoma;
and
(B) a county not described by Paragraph (A) that
has a population of at least two million.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.