By: White, Kuempel (Senate Sponsor - Ogden) H.B. No. 232
(In the Senate - Received from the House April 27, 2011;
May 2, 2011, read first time and referred to Committee on
Intergovernmental Relations; May 20, 2011, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 5,
Nays 0; May 20, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 232 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to the amendment of restrictions affecting real property
in certain 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, Property Code, is amended by
amending Subsection (a) and adding Subsections (b-1) and (d) 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.
(b-1) In addition to restrictions and units or parcels of a
subdivision that are subject to this chapter under Subsection (b),
this chapter applies to restrictions that affect real property
within a residential real estate subdivision or any units or
parcels of the subdivision and that, by the express terms of the
instrument creating the restrictions, provide that amendments to
the restrictions are not operative or effective until a specified
date or the expiration of a specified period. An amendment under
this chapter of a restriction described by this subsection is
effective as provided by this chapter, regardless of whether the
date specified in the restrictions has occurred or the period
prescribed by the restrictions has expired. This subsection
expires September 1, 2015.
(d) An amendment of a restriction under this chapter is
effective on the filing of an instrument reflecting the amendment
in the real property records of each county in which all or part of
the subdivision is located after the approval of the owners in
accordance with the amendment procedure adopted under Section
211.004.
SECTION 3. 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.
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