By: Nichols S.B. No. 1852
(In the Senate - Filed March 13, 2015; March 25, 2015, read
first time and referred to Committee on Business and Commerce;
April 15, 2015, reported favorably by the following vote: Yeas 6,
Nays 0, 2 present not voting; April 15, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of an amendment procedure for restrictive
covenants affecting real property in certain residential
subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 211.002(a), (b), and (b-1), Property
Code, are 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;
(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; or
(4) all or part of which is located within a county
that borders Lake Livingston and has a population of less than
50,000.
(b) This chapter applies only to restrictions that affect
real property within a residential real estate subdivision or any
units or parcels of the subdivision and that, by the express terms
of the instrument creating the restrictions:
(1) are not subject to a procedure by which the
restrictions may be amended; [or]
(2) may not be amended without the unanimous consent
of:
(A) all property owners in the subdivision; or
(B) all property owners in any unit or parcel of
the subdivision; or
(3) may not be amended without a written instrument
that is:
(A) signed by a majority or more than a majority
of the owners of the lots in the subdivision; and
(B) filed in the real property records of each
county in which all or part of the subdivision is located.
(b-1) In addition to restrictions and units or parcels of a
subdivision that are subject to this chapter under Subsection (b),
this chapter applies to restrictions that affect real property
within a residential real estate subdivision or any units or
parcels of the subdivision and that, by the express terms of the
instrument creating the restrictions, provide that amendments to
the restrictions are not operative or effective until a specified
date or the expiration of a specified period. An amendment under
this chapter of a restriction described by this subsection is
effective as provided by this chapter, regardless of whether the
date specified in the restrictions has occurred or the period
prescribed by the restrictions has expired. This subsection
expires September 1, 2019 [2015].
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
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