By: Miles S.B. No. 1845
(In the Senate - Filed March 7, 2019; March 18, 2019, read
first time and referred to Committee on Business & Commerce;
April 15, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 15, 2019,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1845 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the amendment of the dedicatory instruments of certain
mixed-use real estate developments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 11, Property Code, is amended by adding
Chapter 214 to read as follows:
CHAPTER 214. AMENDMENT OF DEDICATORY INSTRUMENTS OF CERTAIN
MIXED-USE REAL ESTATE DEVELOPMENTS
Sec. 214.001. DEFINITIONS. In this chapter:
(1) "Declaration" means an instrument filed in the
real property records of a county that includes restrictive
covenants governing a real estate development.
(2) "Dedicatory instrument" has the meaning assigned
by Section 202.001.
(3) "Mixed-use real estate development" means a real
estate development that includes commercial properties, including
hotel and retail properties, and that may include other real estate
uses.
(4) "Property owners' association" has the meaning
assigned by Section 202.001.
Sec. 214.002. APPLICABILITY OF CHAPTER. (a) This chapter
applies only to a mixed-use real estate development:
(1) that is located in a county with a population of
3.3 million or more; and
(2) in which property owners are subject to mandatory
membership in a property owners' association.
(b) This chapter applies to a dedicatory instrument
regardless of the date on which the dedicatory instrument was
created.
Sec. 214.003. AMENDMENT OF DEDICATORY INSTRUMENT.
(a) This section supersedes any conflicting requirement in a
dedicatory instrument of a mixed-use real estate development.
(b) To the extent of any conflict with another provision of
this title, this section prevails.
(c) Except as provided by Subsection (d), a declaration of a
mixed-use real estate development may be amended only by a vote of a
majority of the total votes allocated to property owners entitled
to vote on the amendment of the declaration.
(d) If the declaration contains a lower approval
requirement than prescribed by Subsection (c), the approval
requirement in the declaration controls. If the declaration is
silent as to voting rights for an amendment, the declaration may be
amended by a vote of a majority of the total votes allocated to
property owners entitled to vote on the amendment of the
declaration.
(e) A bylaw of a mixed-use real estate development may not
be amended to conflict with this section.
SECTION 2. This Act takes effect September 1, 2019.
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