Texas 2019 - 86th Regular

Texas Senate Bill SB1844 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R14291 NC-F
2	2	By: Miles S.B. No. 1844
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the amendment of the dedicatory instruments of certain
8	8	mixed-use real estate developments.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 11, Property Code, is amended by adding
11	11	Chapter 214 to read as follows:
12	12	CHAPTER 214. AMENDMENT OF DEDICATORY INSTRUMENTS OF CERTAIN
13	13	MIXED-USE REAL ESTATE DEVELOPMENTS
14	14	Sec. 214.001. DEFINITIONS. In this chapter:
15	15	(1) "Declaration" means an instrument filed in the
16	16	real property records of a county that includes restrictive
17	17	covenants governing a real estate development.
18	18	(2) "Dedicatory instrument" has the meaning assigned
19	19	by Section 202.001.
20	20	(3) "Mixed-use real estate development" means a real
21	21	estate development that:
22	22	(A) contains at least 200 acres and not more than
23	23	250 acres of deed-restricted property composed of at least 10
24	24	separate tracts or parcels of property;
25	25	(B) includes:
26	26	(i) commercial properties, including hotel
27	27	and retail properties, that constitute at least 70 percent of the
28	28	total land area of the development; and
29	29	(ii) office properties that constitute at
30	30	least 50 percent of the total land area of the development;
31	31	(C) is governed by a property owners'
32	32	association; and
33	33	(D) is subject to a dedicatory instrument that:
34	34	(i) requires mandatory membership in the
35	35	property owners' association;
36	36	(ii) authorizes the property owners'
37	37	association to collect a regular assessment on all or a majority of
38	38	the property in the development;
39	39	(iii) requires the approval of owners of
40	40	more than:
41	41	(a) 90 percent of the ground area
42	42	constituting the development to change a provision of the
43	43	dedicatory instrument governing the permitted use of a property; or
44	44	(b) 60 percent of the ground area
45	45	constituting the development to change a provision of the
46	46	dedicatory instrument that is not related to the permitted use of a
47	47	property; and
48	48	(iv) provides that voting for an amendment
49	49	is based on the number of acres owned by each owner.
50	50	(4) "Property owners' association" has the meaning
51	51	assigned by Section 202.001.
52	52	Sec. 214.002. APPLICABILITY OF CHAPTER. (a) This chapter
53	53	applies only to a mixed-use real estate development that is located
54	54	in:
55	55	(1) a municipality with a population of two million or
56	56	more; and
57	57	(2) a county with a population of 3.3 million or more.
58	58	(b) This chapter applies to a dedicatory instrument
59	59	regardless of the date on which the dedicatory instrument was
60	60	created.
61	61	Sec. 214.003. AMENDMENT OF DEDICATORY INSTRUMENT. (a)
62	62	This section supersedes any conflicting requirement in a dedicatory
63	63	instrument of a mixed-use real estate development.
64	64	(b) To the extent of any conflict with another provision of
65	65	this title, this section prevails.
66	66	(c) Except as provided by Subsection (d), a declaration of a
67	67	mixed-use real estate development may be amended only by a vote of a
68	68	majority of the total votes allocated to property owners entitled
69	69	to vote on the amendment of the declaration.
70	70	(d) If the declaration contains a lower approval
71	71	requirement than prescribed by Subsection (c), the approval
72	72	requirement in the declaration controls. If the declaration is
73	73	silent as to voting rights for an amendment, the declaration may be
74	74	amended by a vote of a majority of the total votes allocated to
75	75	property owners entitled to vote on the amendment of the
76	76	declaration.
77	77	(e) A bylaw of a mixed-use real estate development may not
78	78	be amended to conflict with this section.
79	79	SECTION 2. This Act takes effect September 1, 2019.