Texas 2013 - 83rd Regular

Texas Senate Bill SB1853 Compare Versions

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Old	New	Differences
1	1	83R26234 SLB-D
2	2	By: Fraser S.B. No. 1853
3	3	(Hilderbran)
4	4	Substitute the following for S.B. No. 1853: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the amendment of restrictions affecting real property
10	10	in certain subdivisions and the authority of the Llano County
11	11	Municipal Utility District No. 1 to issue bonds.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subdivision (4), Section 211.001, Property Code,
14	14	is amended to read as follows:
15	15	(4) "Residential real estate subdivision" or
16	16	"subdivision" means all land encompassed within one or more maps or
17	17	plats of land that is divided into two or more parts if:
18	18	(A) the maps or plats cover land all or part of
19	19	which is not located within a municipality and:
20	20	(i) for a county with a population of less
21	21	than 65,000, is not located within the extraterritorial
22	22	jurisdiction of a municipality; [or]
23	23	(ii) for a county with a population of at
24	24	least 65,000 and less than 135,000, is located wholly within the
25	25	extraterritorial jurisdiction of a municipality; or
26	26	(iii) for a county that borders Lake
27	27	Buchanan and has a population of at least 18,500 and less than
28	28	19,500, is located wholly within the extraterritorial jurisdiction
29	29	of a municipality;
30	30	(B) the land encompassed within the maps or plats
31	31	is or was burdened by restrictions limiting all or at least a
32	32	majority of the land area covered by the map or plat, excluding
33	33	streets and public areas, to residential use only; and
34	34	(C) all instruments creating the restrictions
35	35	are recorded in the deed or real property records of a county.
36	36	SECTION 2. Subsection (a), Section 211.002, Property Code,
37	37	is amended to read as follows:
38	38	(a) This chapter applies only to a residential real estate
39	39	subdivision or any unit or parcel of a subdivision:
40	40	(1) all or part of which is located within an
41	41	unincorporated area of a county if the county has a population of
42	42	less than 65,000; [or]
43	43	(2) all of which is located within the
44	44	extraterritorial jurisdiction of a municipality located in a county
45	45	that has a population of at least 65,000 and less than 135,000; or
46	46	(3) all of which is located within the
47	47	extraterritorial jurisdiction of a municipality located in a county
48	48	that borders Lake Buchanan and has a population of at least 18,500
49	49	and less than 19,500.
50	50	SECTION 3. Subsection (b), Section 4, Chapter 129, Acts of
51	51	the 70th Legislature, Regular Session, 1987, is amended to read as
52	52	follows:
53	53	(b) Bonds may not be issued by the district under this Act
54	54	except on approval of not less than a majority [two thirds] of the
55	55	qualified voters of the district voting at an election called and
56	56	held for that purpose.
57	57	SECTION 4. The change in law made by this Act to Subsection
58	58	(b), Section 4, Chapter 129, Acts of the 70th Legislature, Regular
59	59	Session, 1987, applies to an election to authorize the issuance of
60	60	bonds held on or after the effective date of this Act. An election
61	61	to authorize the issuance of bonds held before the effective date of
62	62	this Act is governed by the law in effect at the time the election
63	63	was held, and the former law is continued in effect for that
64	64	purpose.
65	65	SECTION 5. This Act takes effect September 1, 2013.