H.B. No. 1659
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, or previously
contained as specifically allowed under the declaration, 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 immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1659 was passed by the House on April
30, 2021, by the following vote: Yeas 138, Nays 3, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1659 on May 28, 2021, by the following vote: Yeas 139, Nays 7,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1659 was passed by the Senate, with
amendments, on May 27, 2021, by a viva-voce vote.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor