Texas 2021 - 87th Regular

Texas House Bill HB1202 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R18686 BEE-F
2		-	By: Jetton, Morales Shaw, et al. H.B. No. 1202
	2	+	By: Jetton, et al. H.B. No. 1202
	3	+	Substitute the following for H.B. No. 1202:
	4	+	By: Lambert C.S.H.B. No. 1202
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the amendment of a dedicatory instrument to remove a
8	10		discriminatory provision.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Title 11, Property Code, is amended by adding
11	13		Chapter 216 to read as follows:
12	14		CHAPTER 216. AMENDMENT OF DEDICATORY INSTRUMENT TO REMOVE
13	15		DISCRIMINATORY PROVISION
14	16		SUBCHAPTER A. GENERAL PROVISIONS
15	17		Sec. 216.001. DEFINITIONS. In this chapter:
16	18		(1) "Dedicatory instrument," "petition," "property
17	19		owners' association," and "restrictive covenant" have the meanings
18	20		assigned by Section 202.001.
19	21		(2) "Discriminatory provision" means a restrictive
20	22		covenant, whether express or incorporated by reference, that:
21	23		(A) prohibits the occupancy by or the sale,
22	24		lease, conveyance, or transfer of real property or an interest in
23	25		real property to a person because of race, color, religion, or
24	26		national origin; and
25	27		(B) is void under Section 5.026.
26	28		Sec. 216.002. APPLICABILITY OF CHAPTER. This chapter
27	29		applies to any dedicatory instrument, regardless of the date on
28	30		which the instrument was recorded.
29	31		Sec. 216.003. CONFLICTS WITH OTHER LAW. To the extent of
30	32		any conflict between this chapter and any other provision of this
31	33		code, this chapter prevails.
32	34		Sec. 216.004. CERTAIN AMENDMENTS VOID. An amendment to a
33	35		dedicatory instrument under this chapter that amends a provision
34	36		other than a discriminatory provision is void.
35	37		SUBCHAPTER B. PROPERTY SUBJECT TO PROPERTY OWNERS' ASSOCIATION
36	38		Sec. 216.011. REMOVAL OF DISCRIMINATORY PROVISION BY
37	39		PROPERTY OWNERS' ASSOCIATION. (a) The governing body of a property
38	40		owners' association may amend a dedicatory instrument to remove a
39	41		discriminatory provision by a majority vote of the governing body:
40	42		(1) on its own motion; or
41	43		(2) on the motion of a member of the property owners'
42	44		association.
43	45		(b) An amendment adopted under this section is effective if
44	46		the amendment:
45	47		(1) indicates that the amendment is adopted under
46	48		authority of this section by specifically referring to this
47	49		section;
48	50		(2) is signed by a majority of the governing body; and
49	51		(3) is filed in the real property records of each
50	52		county in which property subject to the discriminatory provision is
51	53		located.
52	54		Sec. 216.012. REMOVAL OF DISCRIMINATORY PROVISION BY
53	55		OWNERS. (a) This section applies only to a dedicatory instrument
54	56		that contains provisions for the circulation of a petition by the
55	57		owners of property in the subdivision or development to amend the
56	58		dedicatory instrument.
57	59		(b) The governing body of a property owners' association
58	60		shall amend a dedicatory instrument to remove a discriminatory
59	61		provision if a petition to remove the provision:
60	62		(1) is circulated in accordance with the provisions of
61	63		the dedicatory instrument; and
62	64		(2) without regard to any threshold for approval of a
63	65		petition established by the dedicatory instrument, is approved by
64	66		the owners of at least 10 percent of the total number of lots or
65	67		units subject to the dedicatory instrument.
66	68		(c) An amendment adopted under this section is effective if
67	69		the amendment:
68	70		(1) indicates that the amendment is adopted under
69	71		authority of this section by specifically referring to this
70	72		section; and
71	73		(2) is filed in the real property records of each
72	74		county in which property subject to the dedicatory instrument is
73	75		located.
74	76		SUBCHAPTER C. PROPERTY NOT SUBJECT TO PROPERTY OWNERS' ASSOCIATION
75	77		Sec. 216.021. APPLICABILITY OF SUBCHAPTER. This subchapter
76	78		applies only to a dedicatory instrument that does not establish a
77	79		property owners' association.
78	80		Sec. 216.022. AMENDMENT TO REMOVE DISCRIMINATORY
79	81		PROVISION. An amendment may be filed in accordance with this
80	82		subchapter to amend a dedicatory instrument to remove a
81	83		discriminatory provision.
82	84		Sec. 216.023. AMENDMENT COMMITTEE. (a) Three or more
83	85		owners of property subject to a dedicatory instrument that contains
84	86		a discriminatory provision may form an amendment committee for the
85	87		sole purpose of amending the dedicatory instrument to remove the
86	88		discriminatory provision.
87	89		(b) Only one amendment committee may operate under this
88	90		subchapter at one time. If more than one committee files notice of
89	91		the committee's formation for the same property subject to a
90	92		dedicatory instrument, the first committee that files a notice in
91	93		compliance with Section 216.024 has the authority to act under this
92	94		subchapter.
93	95		Sec. 216.024. NOTICE OF AMENDMENT COMMITTEE FORMATION. (a)
94	96		An amendment committee formed under Section 216.023 shall file
95	97		written notice of the committee's formation with the county clerk
96	98		of each county in which property subject to the dedicatory
97	99		instrument is located.
98	100		(b) The notice of the amendment committee's formation must
99	101		contain:
100	102		(1) a statement that an amendment committee has been
101	103		formed to amend a dedicatory instrument to remove a discriminatory
102	104		provision;
103	105		(2) the name and residential address of each amendment
104	106		committee member;
105	107		(3) a reference to the real property records or map or
106	108		plat records where the dedicatory instrument that contains the
107	109		discriminatory provision sought to be removed is recorded and the
108	110		name of the subdivision or development, as applicable; and
109	111		(4) a copy of the proposed amendment to the dedicatory
110	112		instrument that indicates the deletion of the discriminatory
111	113		provision from the original restrictive covenant or that restates
112	114		the original restrictive covenant without the discriminatory
113	115		provision.
114	116		(c) Before filing the notice of the amendment committee's
115	117		formation under Subsection (a), each amendment committee member
116	118		must sign and acknowledge the notice before a notary or other
117	119		official authorized to take acknowledgments.
118	120		(d) A county clerk who receives a notice of an amendment
119	121		committee's formation under Subsection (a) shall enter the filing
120	122		date and record the notice in the county's real property records.
121	123		Sec. 216.025. NOTICE TO PROPERTY OWNERS. (a) Not later
122	124		than the 30th day after the date notice of the amendment committee's
123	125		formation is filed with the county clerk, the amendment committee
124	126		shall provide a copy of the notice of the amendment committee's
125	127		formation to the owners of property subject to the dedicatory
126	128		instrument.
127	129		(b) Notice may be provided under Subsection (a) by:
128	130		(1) publishing a copy of the notice of the amendment
129	131		committee's formation at least once a week for two consecutive
130	132		weeks in a newspaper of general circulation in each county in which
131	133		property subject to the dedicatory instrument is located;
132	134		(2) mailing a copy of the notice of the amendment
133	135		committee's formation by first class mail to the owner of each lot
134	136		or unit subject to the dedicatory instrument as of the date the
135	137		notice is given; or
136	138		(3) posting a copy of the notice of the amendment
137	139		committee's formation in a conspicuous manner reasonably designed
138	140		to provide notice to owners of property subject to the dedicatory
139	141		instrument, including:
140	142		(A) in a common area or at an entrance to the
141	143		subdivision or development;
142	144		(B) with the consent of the owner, on
143	145		conspicuously located private property; or
144	146		(C) on any Internet website maintained by the
145	147		subdivision or development or other Internet media.
146	148		Sec. 216.026. OBJECTION TO AMENDMENT BY PROPERTY OWNERS.
147	149		(a) The owner of property subject to a dedicatory instrument
148	150		proposed to be amended under a notice of an amendment committee's
149	151		formation may file an objection to the proposed amendment.
150	152		(b) An objection under Subsection (a) is effective only if
151	153		the objection is:
152	154		(1) signed by the owners of at least 25 percent of the
153	155		units or lots subject to the dedicatory instrument proposed to be
154	156		amended; and
155	157		(2) filed with the county clerk of each county in which
156	158		the notice of the amendment committee's formation was filed not
157	159		later than the 90th day after the date the notice of the amendment
158	160		committee's formation was filed with the county clerk.
159	161		Sec. 216.027. EFFECTIVE DATE OF AMENDMENT. If an objection
160	162		is not filed in accordance with Section 216.026, the proposed
161	163		amendment contained in the notice of the amendment committee's
162	164		formation filed under Section 216.024(a) becomes effective on the
163	165		date the notice is filed.
164	166		Sec. 216.028. DISSOLUTION OF COMMITTEE. (a) A committee
165	167		that does not file an amendment to a dedicatory instrument before
166	168		the 120th day after the date the notice of the amendment committee's
167	169		formation is filed with the county clerk is dissolved.
168	170		(b) An amendment filed by a dissolved committee is void.
169	171		SECTION 2. This Act takes effect immediately if it receives
170	172		a vote of two-thirds of all the members elected to each house, as
171	173		provided by Section 39, Article III, Texas Constitution. If this
172	174		Act does not receive the vote necessary for immediate effect, this
173	175		Act takes effect September 1, 2021.