| 1 | 1 | | By: Deuell S.B. No. 593 |
|---|
| 2 | 2 | | (In the Senate - Filed February 15, 2013; February 25, 2013, |
|---|
| 3 | 3 | | read first time and referred to Committee on Intergovernmental |
|---|
| 4 | 4 | | Relations; April 3, 2013, reported adversely, with favorable |
|---|
| 5 | 5 | | Committee Substitute by the following vote: Yeas 5, Nays 0; |
|---|
| 6 | 6 | | April 3, 2013, sent to printer.) |
|---|
| 7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 593 By: Nichols |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | |
|---|
| 10 | 10 | | A BILL TO BE ENTITLED |
|---|
| 11 | 11 | | AN ACT |
|---|
| 12 | 12 | | relating to the authority of a property owners' association to |
|---|
| 13 | 13 | | regulate the use of certain lots for residential purposes. |
|---|
| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 15 | 15 | | SECTION 1. Chapter 209, Property Code, is amended by adding |
|---|
| 16 | 16 | | Section 209.015 to read as follows: |
|---|
| 17 | 17 | | Sec. 209.015. REGULATION OF LAND USE: RESIDENTIAL PURPOSE. |
|---|
| 18 | 18 | | (a) In this section: |
|---|
| 19 | 19 | | (1) "Adjacent lot" means: |
|---|
| 20 | 20 | | (A) a lot that is contiguous to another lot that |
|---|
| 21 | 21 | | fronts on the same street; |
|---|
| 22 | 22 | | (B) with respect to a corner lot, a lot that is |
|---|
| 23 | 23 | | contiguous to the corner lot by either a side property line or a |
|---|
| 24 | 24 | | back property line; or |
|---|
| 25 | 25 | | (C) if permitted by the dedicatory instrument, |
|---|
| 26 | 26 | | any lot that is contiguous to another lot at the back property line. |
|---|
| 27 | 27 | | (2) "Residential purpose" with respect to the use of a |
|---|
| 28 | 28 | | lot: |
|---|
| 29 | 29 | | (A) means the location on the lot of any |
|---|
| 30 | 30 | | building, structure, or other improvement customarily appurtenant |
|---|
| 31 | 31 | | to a residence, as opposed to use for a business or commercial |
|---|
| 32 | 32 | | purpose; and |
|---|
| 33 | 33 | | (B) includes the location on the lot of a garage, |
|---|
| 34 | 34 | | sidewalk, driveway, parking area, children's swing or playscape, |
|---|
| 35 | 35 | | fence, septic system, swimming pool, utility line, or water well |
|---|
| 36 | 36 | | and, if otherwise specifically permitted by the dedicatory |
|---|
| 37 | 37 | | instrument, the parking or storage of a recreational vehicle. |
|---|
| 38 | 38 | | (b) Except as provided by this section, a property owners' |
|---|
| 39 | 39 | | association may not adopt or enforce a provision in a dedicatory |
|---|
| 40 | 40 | | instrument that prohibits or restricts the owner of a lot on which a |
|---|
| 41 | 41 | | residence is located from using for residential purposes an |
|---|
| 42 | 42 | | adjacent lot owned by the property owner. |
|---|
| 43 | 43 | | (c) An owner must obtain the approval of the property |
|---|
| 44 | 44 | | owners' association or, if applicable, an architectural committee |
|---|
| 45 | 45 | | established by the association or the association's dedicatory |
|---|
| 46 | 46 | | instruments, based on criteria prescribed by the dedicatory |
|---|
| 47 | 47 | | instruments specific to the use of a lot for residential purposes, |
|---|
| 48 | 48 | | including reasonable restrictions regarding size, location, |
|---|
| 49 | 49 | | shielding, and aesthetics of the residential purpose, before the |
|---|
| 50 | 50 | | owner begins the construction, placement, or erection of a |
|---|
| 51 | 51 | | building, structure, or other improvement for the residential |
|---|
| 52 | 52 | | purpose on an adjacent lot. |
|---|
| 53 | 53 | | (d) An owner who elects to use an adjacent lot for |
|---|
| 54 | 54 | | residential purposes under this section shall, on the sale or |
|---|
| 55 | 55 | | transfer of the lot containing the residence: |
|---|
| 56 | 56 | | (1) include the adjacent lot in the sales agreement |
|---|
| 57 | 57 | | and transfer the lot to the new owner under the same dedicatory |
|---|
| 58 | 58 | | conditions; or |
|---|
| 59 | 59 | | (2) restore the adjacent lot to the original condition |
|---|
| 60 | 60 | | before the addition of the improvements allowed under this section |
|---|
| 61 | 61 | | to the extent that the lot would again be suitable for the |
|---|
| 62 | 62 | | construction of a separate residence as originally platted and |
|---|
| 63 | 63 | | provided for in the conveyance to the owner. |
|---|
| 64 | 64 | | (e) An owner may sell the adjacent lot separately only for |
|---|
| 65 | 65 | | the purpose of the construction of a new residence that complies |
|---|
| 66 | 66 | | with existing requirements in the dedicatory instrument unless the |
|---|
| 67 | 67 | | lot has been restored as described by Subsection (d)(2). |
|---|
| 68 | 68 | | (f) A provision in a dedicatory instrument that violates |
|---|
| 69 | 69 | | this section is void. |
|---|
| 70 | 70 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 71 | 71 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 72 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 73 | 73 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 74 | 74 | | Act takes effect September 1, 2013. |
|---|
| 75 | 75 | | * * * * * |
|---|