82R8160 PMO-D
By: Kuempel H.B. No. 2241
A BILL TO BE ENTITLED
AN ACT
relating to amendment of restrictions in certain residential real
estate subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 211.001(4), Property Code, is amended to
read as follows:
(4) "Residential real estate subdivision" or
"subdivision" means all land encompassed within one or more maps or
plats of land that is divided into two or more parts if:
(A) the maps or plats cover land all or part of
which [that] is not located within a municipality and:
(i) for a county with a population of less
than 65,000, is not located [or] within the extraterritorial
jurisdiction of a municipality; or
(ii) for a county with a population of at
least 65,000 and less than 135,000, is located wholly within the
extraterritorial jurisdiction of a municipality;
(B) the land encompassed within the maps or plats
is or was burdened by restrictions limiting all or at least a
majority of the land area covered by the map or plat, excluding
streets and public areas, to residential use only; and
(C) all instruments creating the restrictions
are recorded in the deed or real property records of a county.
SECTION 2. Section 211.002(a), Property Code, is amended to
read as follows:
(a) This chapter applies only to a residential real estate
subdivision or any unit or parcel of a subdivision:
(1) all or part of which is located [in whole or in
part] within an unincorporated area of a county if the county has a
population of less than 65,000; or
(2) all of which is located within the
extraterritorial jurisdiction of a municipality located in a county
that has a population of at least 65,000 and less than 135,000.
SECTION 3. This Act takes effect September 1, 2011.