87R1558 DRS-F
By: Murphy H.B. No. 1659
A BILL TO BE ENTITLED
AN ACT
relating to the amendment of a residential subdivision's
declaration to affect certain types of property located in the
subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 209.0041, Property Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) This section does not apply to an amendment of a
declaration if the amendment would affect a portion of a
subdivision that is zoned for or that contains a commercial
structure, an industrial structure, an apartment complex, or a
condominium as defined by Section 81.002 or 82.003. For purposes of
this subsection, "apartment complex" means two or more dwellings in
one or more buildings that are owned by the same owner, located on
the same lot or tract, and managed by the same owner, agent, or
management company.
SECTION 2. Section 209.0041(d-1), Property Code, as added
by this Act, applies only to a vote to amend a declaration held on or
after the effective date of this Act. A vote to amend a declaration
held before the effective date of this Act is governed by the law as
it existed immediately before that date, and that law is continued
in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.