By: Fraser S.B. No. 1853
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. Subdivision (4), Section 211.001, 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 is not located within a municipality and:
(i) for a county with a population of less
than 65,000, is not located 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; or
(iii) for a county that borders Lake
Buchanan and has a population of at least 18,500 and less than
19,500, 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. Subsection (a), Section 211.002, 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 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; or
(3) all of which is located within the
extraterritorial jurisdiction of a municipality located in a county
that borders Lake Buchanan and has a population of at least 18,500
and less than 19,500.
SECTION 3. This Act takes effect September 1, 2013.