Texas 2019 - 86th Regular

Texas House Bill HB2569 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2569
	1	+	By: Darby (Senate Sponsor - Hughes) H.B. No. 2569
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on Business &
	4	+	Commerce; May 20, 2019, reported favorably by the following vote:
	5	+	Yeas 8, Nays 0; May 20, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to requirements for condominium plats or plans.
6	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	13		SECTION 1. Sections 82.059(b) and (d), Property Code, are
8	14		amended to read as follows:
9	15		(b) Each plat must show:
10	16		(1) the name and a survey or general schematic map of
11	17		the entire condominium;
12	18		(2) the location and dimensions of all real property
13	19		not subject to development rights, or subject only to the
14	20		development right to withdraw, and the location and dimensions of
15	21		all existing improvements within that real property;
16	22		(3) a legally sufficient description of any real
17	23		property subject to development rights, labeled to identify the
18	24		rights applicable to each parcel;
19	25		(4) the extent of any encroachments by or on any
20	26		portion of the condominium;
21	27		(5) to the extent feasible, a legally sufficient
22	28		description of all easements serving or burdening any portion of
23	29		the condominium, and the location of any underground utility line
24	30		that is actually known by the declarant at the time of filing the
25	31		declaration to have been constructed outside a recorded easement;
26	32		(6) the location and dimensions of any vertical unit
27	33		boundaries not shown or projected on recorded plans and the unit's
28	34		identifying number;
29	35		(7) the location of horizontal unit boundaries, if
30	36		any, with reference to established data, unless described in the
31	37		declaration or [of any horizontal unit boundaries not] shown or
32	38		projected on recorded plans, and the unit's identifying number;
33	39		(8) a legally sufficient description of any real
34	40		property in which the unit owners will own only an estate for years,
35	41		labeled as "leasehold real property";
36	42		(9) the distance between noncontiguous parcels of real
37	43		property constituting the condominium;
38	44		(10) the location and dimensions of limited common
39	45		elements, other than those described by Sections 82.052(2) and (4);
40	46		(11) in the case of real property not subject to
41	47		development rights, all other matters required by law on land
42	48		surveys; and
43	49		(12) the distance and bearings locating each building
44	50		from all other buildings and from at least one boundary line of the
45	51		real property constituting the condominium.
46	52		(d) To the extent not shown on the plats, plans must show:
47	53		(1) the location and dimensions of the vertical
48	54		boundaries of each unit, and the unit's identifying number;
49	55		(2) the horizontal unit boundaries, if any, with
50	56		reference to established data, unless described in the declaration,
51	57		and the unit's identifying number; and
52	58		(3) any units, appropriately identified, in which the
53	59		declarant has reserved the right to create additional units or
54	60		common elements.
55	61		SECTION 2. The changes in law made by this Act apply only to
56	62		a declaration, plat, or plan of a condominium for which the
57	63		declaration was recorded on or after the effective date of this Act.
58	64		A declaration, plat, or plan of a condominium for which the
59	65		declaration was recorded before the effective date of this Act is
60	66		governed by the law in effect immediately before the effective date
61	67		of this Act, and that law is continued in effect for that purpose.
62	68		SECTION 3. This Act takes effect September 1, 2019.
63		-	______________________________ ______________________________
64		-	President of the Senate Speaker of the House
65		-	I certify that H.B. No. 2569 was passed by the House on May 3,
66		-	2019, by the following vote: Yeas 140, Nays 0, 2 present, not
67		-	voting.
68		-	______________________________
69		-	Chief Clerk of the House
70		-	I certify that H.B. No. 2569 was passed by the Senate on May
71		-	22, 2019, by the following vote: Yeas 31, Nays 0.
72		-	______________________________
73		-	Secretary of the Senate
74		-	APPROVED: _____________________
75		-	Date
76		-	_____________________
77		-	Governor
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