| 1 | | - | H.B. No. 1659 |
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| 1 | + | By: Murphy (Senate Sponsor - Creighton) H.B. No. 1659 |
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| 2 | + | (In the Senate - Received from the House May 3, 2021; |
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| 3 | + | May 10, 2021, read first time and referred to Committee on Business & |
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| 4 | + | Commerce; May 21, 2021, reported adversely, with favorable |
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| 5 | + | Committee Substitute by the following vote: Yeas 9, Nays 0; |
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| 6 | + | May 21, 2021, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR H.B. No. 1659 By: Hancock |
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| 4 | 12 | | AN ACT |
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| 5 | 13 | | relating to the amendment of a residential subdivision's |
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| 6 | 14 | | declaration to affect certain types of property located in the |
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| 7 | 15 | | subdivision. |
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| 8 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 17 | | SECTION 1. Section 209.0041, Property Code, is amended by |
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| 10 | 18 | | adding Subsection (d-1) to read as follows: |
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| 11 | 19 | | (d-1) This section does not apply to an amendment of a |
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| 12 | 20 | | declaration if the amendment would affect a portion of a |
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| 13 | 21 | | subdivision that is zoned for or that contains, or previously |
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| 14 | 22 | | contained as specifically allowed under the declaration, a |
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| 15 | 23 | | commercial structure, an industrial structure, an apartment |
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| 16 | 24 | | complex, or a condominium as defined by Section 81.002 or 82.003. |
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| 17 | 25 | | For purposes of this subsection, "apartment complex" means two or |
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| 18 | 26 | | more dwellings in one or more buildings that are owned by the same |
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| 19 | 27 | | owner, located on the same lot or tract, and managed by the same |
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| 20 | 28 | | owner, agent, or management company. |
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| 21 | 29 | | SECTION 2. Section 209.0041(d-1), Property Code, as added |
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| 22 | 30 | | by this Act, applies only to a vote to amend a declaration held on or |
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| 23 | 31 | | after the effective date of this Act. A vote to amend a declaration |
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| 24 | 32 | | held before the effective date of this Act is governed by the law as |
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| 25 | 33 | | it existed immediately before that date, and that law is continued |
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| 26 | 34 | | in effect for that purpose. |
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| 27 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 28 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 29 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 30 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 31 | 39 | | Act takes effect September 1, 2021. |
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| 32 | | - | ______________________________ ______________________________ |
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| 33 | | - | President of the Senate Speaker of the House |
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| 34 | | - | I certify that H.B. No. 1659 was passed by the House on April |
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| 35 | | - | 30, 2021, by the following vote: Yeas 138, Nays 3, 2 present, not |
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| 36 | | - | voting; and that the House concurred in Senate amendments to H.B. |
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| 37 | | - | No. 1659 on May 28, 2021, by the following vote: Yeas 139, Nays 7, |
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| 38 | | - | 1 present, not voting. |
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| 39 | | - | ______________________________ |
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| 40 | | - | Chief Clerk of the House |
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| 41 | | - | I certify that H.B. No. 1659 was passed by the Senate, with |
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| 42 | | - | amendments, on May 27, 2021, by a viva-voce vote. |
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| 43 | | - | ______________________________ |
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| 44 | | - | Secretary of the Senate |
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| 45 | | - | APPROVED: __________________ |
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| 46 | | - | Date |
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| 47 | | - | __________________ |
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| 48 | | - | Governor |
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| 40 | + | * * * * * |
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