Texas 2019 - 86th Regular

Texas Senate Bill SB1845 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1845
	1	+	86R28411 NC-F
	2	+	By: Miles S.B. No. 1845
	3	+	(Vo)
	4	+	Substitute the following for S.B. No. 1845: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the amendment of the dedicatory instruments of certain
6	10		mixed-use real estate developments.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Title 11, Property Code, is amended by adding
9	13		Chapter 214 to read as follows:
10	14		CHAPTER 214. AMENDMENT OF DEDICATORY INSTRUMENTS OF CERTAIN
11	15		MIXED-USE REAL ESTATE DEVELOPMENTS
12	16		Sec. 214.001. DEFINITIONS. In this chapter:
13	17		(1) "Current developer" means an owner of one or more
14	18		tracts or lots in a mixed-use real estate development, or the
15	19		owner's affiliate, who:
16	20		(A) is the current declarant in the declaration
17	21		governing the development; and
18	22		(B) currently holds the developer rights for the
19	23		development.
20	24		(2) "Declaration" means an instrument filed in the
21	25		real property records of a county that includes restrictive
22	26		covenants governing a real estate development.
23	27		(3) "Dedicatory instrument" has the meaning assigned
24	28		by Section 202.001.
25	29		(4) "Mixed-use real estate development" means a real
26	30		estate development that:
27	31		(A) contains at least 200 acres and not more than
28	32		250 acres of deed-restricted property composed of at least 10
29	33		separate tracts or parcels of property;
30	34		(B) includes:
31	35		(i) commercial properties, including hotel
32	36		and retail properties, that constitute at least 70 percent of the
33	37		total land area of the development; and
34	38		(ii) office properties that constitute at
35	39		least 50 percent of the total land area of the development;
36	40		(C) may include other real estate uses;
37	41		(D) is governed by a property owners'
38	42		association; and
39	43		(E) is subject to a dedicatory instrument that:
40	44		(i) requires mandatory membership in the
41	45		property owners' association;
42	46		(ii) authorizes the property owners'
43	47		association to collect a regular assessment on all or a majority of
44	48		the property in the development;
45	49		(iii) requires the approval of owners of
46	50		more than:
47	51		(a) 90 percent of the ground area
48	52		constituting the development to change a provision of the
49	53		dedicatory instrument governing the permitted use of a property; or
50	54		(b) 60 percent of the ground area
51	55		constituting the development to change a provision of the
52	56		dedicatory instrument that is not related to the permitted use of a
53	57		property; and
54	58		(iv) provides that voting for an amendment
55	59		is based on the number of acres owned by each owner.
56	60		(5) "Property owners' association" has the meaning
57	61		assigned by Section 202.001.
58	62		Sec. 214.002. APPLICABILITY OF CHAPTER. (a) This chapter
59	63		applies only to a mixed-use real estate development that is located
60	64		in:
61	65		(1) a municipality with a population of two million or
62	66		more; and
63	67		(2) a county with a population of 3.3 million or more.
64	68		(b) This chapter does not apply to:
65	69		(1) a mixed-use real estate development that includes
66	70		single-family residential properties; or
67	71		(2) a condominium subject to Chapter 81 or 82.
68	72		(c) This chapter applies to a dedicatory instrument
69	73		regardless of the date on which the dedicatory instrument was
70	74		created.
71		-	Sec. 214.003. AMENDMENT OF DEDICATORY INSTRUMENT.
72		-	~~(a)~~ This section supersedes any conflicting requirement in a
73		-	~~dedicatory~~ instrument of a mixed-use real estate development.
	75	+	Sec. 214.003. AMENDMENT OF DEDICATORY INSTRUMENT. (a)
	76	+	This section supersedes any conflicting requirement in a dedicatory
	77	+	instrument of a mixed-use real estate development.
74	78		(b) To the extent of any conflict with another provision of
75	79		this title, this section prevails.
76	80		(c) Except as provided by Subsection (d), a declaration of a
77	81		mixed-use real estate development may be amended only by a vote of a
78	82		majority of the total votes allocated to property owners entitled
79	83		to vote on the amendment of the declaration.
80	84		(d) If the declaration contains a lower approval
81	85		requirement than prescribed by Subsection (c), the approval
82	86		requirement in the declaration controls. If the declaration is
83	87		silent as to voting rights for an amendment, the declaration may be
84	88		amended by a vote of a majority of the total votes allocated to
85	89		property owners entitled to vote on the amendment of the
86	90		declaration.
87	91		(e) While the mixed-use real estate development has a
88	92		current developer, an amendment made to the declaration under this
89	93		section requires the current developer to consent to the amendment
90	94		to be valid.
91	95		(f) A bylaw of a mixed-use real estate development may not
92	96		be amended to conflict with this section.
93	97		SECTION 2. This Act takes effect September 1, 2019.
94		-	______________________________ ______________________________
95		-	President of the Senate Speaker of the House
96		-	I hereby certify that S.B. No. 1845 passed the Senate on
97		-	April 26, 2019, by the following vote: Yeas 26, Nays 4; and that
98		-	the Senate concurred in House amendment on May 26, 2019, by the
99		-	following vote: Yeas 29, Nays 2.
100		-	______________________________
101		-	Secretary of the Senate
102		-	I hereby certify that S.B. No. 1845 passed the House, with
103		-	amendment, on May 22, 2019, by the following vote: Yeas 140,
104		-	Nays 4, two present not voting.
105		-	______________________________
106		-	Chief Clerk of the House
107		-	Approved:
108		-	______________________________
109		-	Date
110		-	______________________________
111		-	Governor