| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to the adoption of an amendment procedure for restrictive |
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| 8 | 6 | | covenants affecting real property in certain residential |
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| 9 | 7 | | subdivisions. |
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| 10 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 9 | | SECTION 1. Sections 211.002(a), (b), and (b-1), Property |
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| 12 | 10 | | Code, are amended to read as follows: |
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| 13 | 11 | | (a) This chapter applies only to a residential real estate |
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| 14 | 12 | | subdivision or any unit or parcel of a subdivision: |
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| 15 | 13 | | (1) all or part of which is located within an |
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| 16 | 14 | | unincorporated area of a county if the county has a population of |
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| 17 | 15 | | less than 65,000; |
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| 18 | 16 | | (2) all of which is located within the |
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| 19 | 17 | | extraterritorial jurisdiction of a municipality located in a county |
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| 20 | 18 | | that has a population of at least 65,000 and less than 135,000; [or] |
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| 21 | 19 | | (3) all of which is located within the |
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| 22 | 20 | | extraterritorial jurisdiction of a municipality located in a county |
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| 23 | 21 | | that borders Lake Buchanan and has a population of at least 18,500 |
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| 24 | 22 | | and less than 19,500; or |
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| 25 | 23 | | (4) all or part of which is located within a county |
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| 26 | 24 | | that borders Lake Livingston and has a population of less than |
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| 27 | 25 | | 50,000. |
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| 28 | 26 | | (b) This chapter applies only to restrictions that affect |
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| 29 | 27 | | real property within a residential real estate subdivision or any |
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| 30 | 28 | | units or parcels of the subdivision and that, by the express terms |
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| 31 | 29 | | of the instrument creating the restrictions: |
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| 32 | 30 | | (1) are not subject to a procedure by which the |
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| 33 | 31 | | restrictions may be amended; [or] |
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| 34 | 32 | | (2) may not be amended without the unanimous consent |
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| 35 | 33 | | of: |
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| 36 | 34 | | (A) all property owners in the subdivision; or |
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| 37 | 35 | | (B) all property owners in any unit or parcel of |
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| 38 | 36 | | the subdivision; or |
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| 39 | 37 | | (3) may not be amended without a written instrument |
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| 40 | 38 | | that is: |
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| 41 | 39 | | (A) signed by a majority or more than a majority |
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| 42 | 40 | | of the owners of the lots in the subdivision; and |
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| 43 | 41 | | (B) filed in the real property records of each |
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| 44 | 42 | | county in which all or part of the subdivision is located. |
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| 45 | 43 | | (b-1) In addition to restrictions and units or parcels of a |
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| 46 | 44 | | subdivision that are subject to this chapter under Subsection (b), |
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| 47 | 45 | | this chapter applies to restrictions that affect real property |
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| 48 | 46 | | within a residential real estate subdivision or any units or |
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| 49 | 47 | | parcels of the subdivision and that, by the express terms of the |
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| 50 | 48 | | instrument creating the restrictions, provide that amendments to |
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| 51 | 49 | | the restrictions are not operative or effective until a specified |
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| 52 | 50 | | date or the expiration of a specified period. An amendment under |
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| 53 | 51 | | this chapter of a restriction described by this subsection is |
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| 54 | 52 | | effective as provided by this chapter, regardless of whether the |
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| 55 | 53 | | date specified in the restrictions has occurred or the period |
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| 56 | 54 | | prescribed by the restrictions has expired. This subsection |
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| 57 | 55 | | expires September 1, 2019 [2015]. |
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| 58 | 56 | | SECTION 2. This Act takes effect immediately if it receives |
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| 59 | 57 | | a vote of two-thirds of all the members elected to each house, as |
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| 60 | 58 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 61 | 59 | | Act does not receive the vote necessary for immediate effect, this |
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| 62 | 60 | | Act takes effect September 1, 2015. |
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| 61 | + | ______________________________ ______________________________ |
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| 62 | + | President of the Senate Speaker of the House |
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| 63 | + | I hereby certify that S.B. No. 1852 passed the Senate on |
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| 64 | + | April 22, 2015, by the following vote: Yeas 30, Nays 0. |
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| 65 | + | ______________________________ |
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| 66 | + | Secretary of the Senate |
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| 67 | + | I hereby certify that S.B. No. 1852 passed the House on |
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| 68 | + | May 27, 2015, by the following vote: Yeas 141, Nays 3, two |
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| 69 | + | present not voting. |
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| 70 | + | ______________________________ |
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| 71 | + | Chief Clerk of the House |
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| 72 | + | Approved: |
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| 73 | + | ______________________________ |
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| 74 | + | Date |
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| 75 | + | ______________________________ |
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| 76 | + | Governor |
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