| 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 enforcement of a restrictive covenant on property |
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| 8 | 8 | | used as an assisted living facility. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 202, Property Code, is amended by adding |
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| 11 | 11 | | Section 202.0045 to read as follows: |
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| 12 | 12 | | Sec. 202.0045. ENFORCEMENT OF RESTRICTIVE COVENANTS ON |
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| 13 | 13 | | CERTAIN PROPERTY. (a) A property owners' association may enforce a |
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| 14 | 14 | | restrictive covenant that applies to property used as an assisted |
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| 15 | 15 | | living facility under Chapter 247, Health and Safety Code, to the |
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| 16 | 16 | | same extent and in the same manner as the restrictive covenant is or |
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| 17 | 17 | | would be enforced with respect to any other property that is subject |
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| 18 | 18 | | to the restrictive covenant. |
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| 19 | 19 | | (b) This section does not authorize a property owners' |
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| 20 | 20 | | association to enforce a restriction that prohibits the use of |
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| 21 | 21 | | property as a community home under Chapter 123, Human Resources |
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| 22 | 22 | | Code, or to construe a restrictive covenant in a way that would |
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| 23 | 23 | | restrict property from being used for that purpose. |
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| 24 | 24 | | SECTION 2. This Act takes effect September 1, 2017. |
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