| 1 | 1 | | 86R13715 NC-F |
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| 2 | 2 | | By: Vo H.B. No. 2990 |
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| 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 amendment of the dedicatory instruments of certain |
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| 8 | 8 | | mixed-use real estate developments. |
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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. Title 11, Property Code, is amended by adding |
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| 11 | 11 | | Chapter 214 to read as follows: |
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| 12 | 12 | | CHAPTER 214. AMENDMENT OF DEDICATORY INSTRUMENTS OF CERTAIN |
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| 13 | 13 | | MIXED-USE REAL ESTATE DEVELOPMENTS |
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| 14 | 14 | | Sec. 214.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Declaration" means an instrument filed in the |
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| 16 | 16 | | real property records of a county that includes restrictive |
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| 17 | 17 | | covenants governing a real estate development. |
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| 18 | 18 | | (2) "Dedicatory instrument" has the meaning assigned |
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| 19 | 19 | | by Section 202.001. |
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| 20 | 20 | | (3) "Mixed-use real estate development" means a real |
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| 21 | 21 | | estate development that includes commercial properties, including |
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| 22 | 22 | | hotel and retail properties. |
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| 23 | 23 | | (4) "Property owners' association" has the meaning |
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| 24 | 24 | | assigned by Section 202.001. |
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| 25 | 25 | | Sec. 214.002. APPLICABILITY OF CHAPTER. (a) This chapter |
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| 26 | 26 | | applies only to a mixed-use real estate development: |
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| 27 | 27 | | (1) that is located in a county with a population of |
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| 28 | 28 | | 3.3 million or more; and |
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| 29 | 29 | | (2) in which property owners are subject to mandatory |
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| 30 | 30 | | membership in a property owners' association. |
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| 31 | 31 | | (b) This chapter applies to a dedicatory instrument |
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| 32 | 32 | | regardless of the date on which the dedicatory instrument was |
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| 33 | 33 | | created. |
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| 34 | 34 | | Sec. 214.003. AMENDMENT OF DEDICATORY INSTRUMENT. (a) |
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| 35 | 35 | | This section supersedes any conflicting requirement in a dedicatory |
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| 36 | 36 | | instrument of a mixed-use real estate development. |
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| 37 | 37 | | (b) To the extent of any conflict with another provision of |
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| 38 | 38 | | this title, this section prevails. |
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| 39 | 39 | | (c) Except as provided by Subsection (d), a declaration of a |
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| 40 | 40 | | mixed-use real estate development may be amended only by a vote of a |
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| 41 | 41 | | majority of the total votes allocated to property owners entitled |
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| 42 | 42 | | to vote on the amendment of the declaration. |
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| 43 | 43 | | (d) If the declaration contains a lower approval |
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| 44 | 44 | | requirement than prescribed by Subsection (c), the approval |
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| 45 | 45 | | requirement in the declaration controls. If the declaration is |
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| 46 | 46 | | silent as to voting rights for an amendment, the declaration may be |
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| 47 | 47 | | amended by a vote of a majority of the total votes allocated to |
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| 48 | 48 | | property owners entitled to vote on the amendment of the |
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| 49 | 49 | | declaration. |
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| 50 | 50 | | (e) A bylaw of a mixed-use real estate development may not |
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| 51 | 51 | | be amended to conflict with this section. |
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| 52 | 52 | | SECTION 2. This Act takes effect September 1, 2019. |
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