| 1 | 1 | | By: Menendez (Senate Sponsor - Deuell) H.B. No. 35 |
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| 2 | 2 | | (In the Senate - Received from the House April 15, 2013; |
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| 3 | 3 | | April 17, 2013, read first time and referred to Committee on |
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| 4 | 4 | | Intergovernmental Relations; May 10, 2013, reported favorably by |
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| 5 | 5 | | the following vote: Yeas 5, Nays 0; May 10, 2013, sent to |
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| 6 | 6 | | printer.) |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to the authority of a property owners' association to |
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| 12 | 12 | | regulate the use of certain lots for residential purposes. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Chapter 209, Property Code, is amended by adding |
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| 15 | 15 | | Section 209.015 to read as follows: |
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| 16 | 16 | | Sec. 209.015. REGULATION OF LAND USE: RESIDENTIAL PURPOSE. |
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| 17 | 17 | | (a) In this section: |
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| 18 | 18 | | (1) "Adjacent lot" means: |
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| 19 | 19 | | (A) a lot that is contiguous to another lot that |
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| 20 | 20 | | fronts on the same street; |
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| 21 | 21 | | (B) with respect to a corner lot, a lot that is |
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| 22 | 22 | | contiguous to the corner lot by either a side property line or a |
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| 23 | 23 | | back property line; or |
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| 24 | 24 | | (C) if permitted by the dedicatory instrument, |
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| 25 | 25 | | any lot that is contiguous to another lot at the back property line. |
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| 26 | 26 | | (2) "Residential purpose" with respect to the use of a |
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| 27 | 27 | | lot: |
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| 28 | 28 | | (A) means the location on the lot of any |
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| 29 | 29 | | building, structure, or other improvement customarily appurtenant |
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| 30 | 30 | | to a residence, as opposed to use for a business or commercial |
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| 31 | 31 | | purpose; and |
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| 32 | 32 | | (B) includes the location on the lot of a garage, |
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| 33 | 33 | | sidewalk, driveway, parking area, children's swing or playscape, |
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| 34 | 34 | | fence, septic system, swimming pool, utility line, or water well |
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| 35 | 35 | | and, if otherwise specifically permitted by the dedicatory |
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| 36 | 36 | | instrument, the parking or storage of a recreational vehicle. |
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| 37 | 37 | | (b) Except as provided by this section, a property owners' |
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| 38 | 38 | | association may not adopt or enforce a provision in a dedicatory |
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| 39 | 39 | | instrument that prohibits or restricts the owner of a lot on which a |
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| 40 | 40 | | residence is located from using for residential purposes an |
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| 41 | 41 | | adjacent lot owned by the property owner. |
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| 42 | 42 | | (c) An owner must obtain the approval of the property |
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| 43 | 43 | | owners' association or, if applicable, an architectural committee |
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| 44 | 44 | | established by the association or the association's dedicatory |
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| 45 | 45 | | instruments, based on criteria prescribed by the dedicatory |
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| 46 | 46 | | instruments specific to the use of a lot for residential purposes, |
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| 47 | 47 | | including reasonable restrictions regarding size, location, |
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| 48 | 48 | | shielding, and aesthetics of the residential purpose, before the |
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| 49 | 49 | | owner begins the construction, placement, or erection of a |
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| 50 | 50 | | building, structure, or other improvement for the residential |
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| 51 | 51 | | purpose on an adjacent lot. |
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| 52 | 52 | | (d) An owner who elects to use an adjacent lot for |
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| 53 | 53 | | residential purposes under this section shall, on the sale or |
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| 54 | 54 | | transfer of the lot containing the residence: |
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| 55 | 55 | | (1) include the adjacent lot in the sales agreement |
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| 56 | 56 | | and transfer the lot to the new owner under the same dedicatory |
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| 57 | 57 | | conditions; or |
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| 58 | 58 | | (2) restore the adjacent lot to the original condition |
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| 59 | 59 | | before the addition of the improvements allowed under this section |
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| 60 | 60 | | to the extent that the lot would again be suitable for the |
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| 61 | 61 | | construction of a separate residence as originally platted and |
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| 62 | 62 | | provided for in the conveyance to the owner. |
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| 63 | 63 | | (e) An owner may sell the adjacent lot separately only for |
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| 64 | 64 | | the purpose of the construction of a new residence that complies |
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| 65 | 65 | | with existing requirements in the dedicatory instrument unless the |
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| 66 | 66 | | lot has been restored as described by Subsection (d)(2). |
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| 67 | 67 | | (f) A provision in a dedicatory instrument that violates |
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| 68 | 68 | | this section is void. |
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| 69 | 69 | | SECTION 2. This Act takes effect immediately if it receives |
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| 70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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| 71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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| 73 | 73 | | Act takes effect September 1, 2013. |
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| 74 | 74 | | * * * * * |
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