By: Darby (Senate Sponsor - Hughes) H.B. No. 2569
(In the Senate - Received from the House May 6, 2019;
May 10, 2019, read first time and referred to Committee on Business &
Commerce; May 20, 2019, reported favorably by the following vote:
Yeas 8, Nays 0; May 20, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to requirements for condominium plats or plans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 82.059(b) and (d), Property Code, are
amended to read as follows:
(b) Each plat must show:
(1) the name and a survey or general schematic map of
the entire condominium;
(2) the location and dimensions of all real property
not subject to development rights, or subject only to the
development right to withdraw, and the location and dimensions of
all existing improvements within that real property;
(3) a legally sufficient description of any real
property subject to development rights, labeled to identify the
rights applicable to each parcel;
(4) the extent of any encroachments by or on any
portion of the condominium;
(5) to the extent feasible, a legally sufficient
description of all easements serving or burdening any portion of
the condominium, and the location of any underground utility line
that is actually known by the declarant at the time of filing the
declaration to have been constructed outside a recorded easement;
(6) the location and dimensions of any vertical unit
boundaries not shown or projected on recorded plans and the unit's
identifying number;
(7) the location of horizontal unit boundaries, if
any, with reference to established data, unless described in the
declaration or [of any horizontal unit boundaries not] shown or
projected on recorded plans, and the unit's identifying number;
(8) a legally sufficient description of any real
property in which the unit owners will own only an estate for years,
labeled as "leasehold real property";
(9) the distance between noncontiguous parcels of real
property constituting the condominium;
(10) the location and dimensions of limited common
elements, other than those described by Sections 82.052(2) and (4);
(11) in the case of real property not subject to
development rights, all other matters required by law on land
surveys; and
(12) the distance and bearings locating each building
from all other buildings and from at least one boundary line of the
real property constituting the condominium.
(d) To the extent not shown on the plats, plans must show:
(1) the location and dimensions of the vertical
boundaries of each unit, and the unit's identifying number;
(2) the horizontal unit boundaries, if any, with
reference to established data, unless described in the declaration,
and the unit's identifying number; and
(3) any units, appropriately identified, in which the
declarant has reserved the right to create additional units or
common elements.
SECTION 2. The changes in law made by this Act apply only to
a declaration, plat, or plan of a condominium for which the
declaration was recorded on or after the effective date of this Act.
A declaration, plat, or plan of a condominium for which the
declaration was recorded before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.
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