82R4652 AJA-D
By: Dutton H.B. No. 912
A BILL TO BE ENTITLED
AN ACT
relating to the foreclosure of certain liens on real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 202.002(a), Property Code, is amended to
read as follows:
(a) Except as otherwise provided by this chapter,
this [This] chapter applies to all restrictive covenants
regardless of the date on which they were created.
SECTION 2. Chapter 202, Property Code, is amended by adding
Section 202.010 to read as follows:
Sec. 202.010. FORECLOSURE OF CERTAIN LIENS. On or after the
effective date of this section, a restrictive covenant may not be
adopted that places a lien on real property to secure payment of a
debt created by the covenant unless the covenant exempts a
homestead, as defined by Section 41.002, from foreclosure of the
lien.
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.