| 1 | 1 | | 84R6572 AJA-D |
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| 2 | 2 | | By: Isaac H.B. No. 1178 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the enforceability of certain restrictive covenants |
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| 8 | 8 | | governing the use of fuel on and supply of fuel to property in |
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| 9 | 9 | | certain subdivisions or other planned developments. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 202, Property Code, is amended by adding |
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| 12 | 12 | | Section 202.008 to read as follows: |
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| 13 | 13 | | Sec. 202.008. FUEL UTILIZATION COVENANTS. (a) A property |
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| 14 | 14 | | owners' association or a declarant may not enforce or impose a |
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| 15 | 15 | | restrictive covenant that: |
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| 16 | 16 | | (1) requires a property owner to exclusively use a |
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| 17 | 17 | | particular fuel on the owner's property or exclusively use fuel |
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| 18 | 18 | | provided by a particular supplier on the owner's property; or |
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| 19 | 19 | | (2) imposes a fee payable to any person for an owner to |
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| 20 | 20 | | opt out of a requirement described by Subdivision (1). |
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| 21 | 21 | | (b) A restrictive covenant described by Subsection (a) is |
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| 22 | 22 | | void and is unenforceable by any person. |
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| 23 | 23 | | SECTION 2. Section 202.008, Property Code, as added by this |
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| 24 | 24 | | Act, applies to a restrictive covenant imposed before, on, or after |
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| 25 | 25 | | the effective date of this Act. |
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| 26 | 26 | | SECTION 3. This Act takes effect immediately if it receives |
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| 27 | 27 | | a vote of two-thirds of all the members elected to each house, as |
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| 28 | 28 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 29 | 29 | | Act does not receive the vote necessary for immediate effect, this |
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| 30 | 30 | | Act takes effect September 1, 2015. |
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