83R26234 SLB-D
By: Fraser S.B. No. 1853
(Hilderbran)
Substitute the following for S.B. No. 1853: No.
A BILL TO BE ENTITLED
AN ACT
relating to the amendment of restrictions affecting real property
in certain subdivisions and the authority of the Llano County
Municipal Utility District No. 1 to issue bonds.
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. Subsection (b), Section 4, Chapter 129, Acts of
the 70th Legislature, Regular Session, 1987, is amended to read as
follows:
(b) Bonds may not be issued by the district under this Act
except on approval of not less than a majority [two thirds] of the
qualified voters of the district voting at an election called and
held for that purpose.
SECTION 4. The change in law made by this Act to Subsection
(b), Section 4, Chapter 129, Acts of the 70th Legislature, Regular
Session, 1987, applies to an election to authorize the issuance of
bonds held on or after the effective date of this Act. An election
to authorize the issuance of bonds held before the effective date of
this Act is governed by the law in effect at the time the election
was held, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2013.