Texas 2021 - 87th Regular

Texas Senate Bill SB754 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R2204 BEE-F
2	2	By: Miles S.B. No. 754
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the amendment of a dedicatory instrument to remove a
8	8	discriminatory provision.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 11, Property Code, is amended by adding
11	11	Chapter 216 to read as follows:
12	12	CHAPTER 216. AMENDMENT OF DEDICATORY INSTRUMENT TO REMOVE
13	13	DISCRIMINATORY PROVISION
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 216.001. DEFINITIONS. In this chapter:
16	16	(1) "Dedicatory instrument," "petition," "property
17	17	owners' association," and "restrictive covenant" have the meanings
18	18	assigned by Section 202.001.
19	19	(2) "Discriminatory provision" means a restrictive
20	20	covenant, whether express or incorporated by reference, that:
21	21	(A) prohibits the use by or the sale, lease, or
22	22	transfer of real property or an interest in real property to a
23	23	person because of race, color, religion, or national origin; and
24	24	(B) is void under Section 5.026.
25	25	Sec. 216.002. APPLICABILITY OF CHAPTER. This chapter
26	26	applies to any dedicatory instrument, regardless of the date on
27	27	which the instrument was recorded.
28	28	Sec. 216.003. CONFLICTS WITH OTHER LAW. To the extent of
29	29	any conflict between this chapter and any other provision of this
30	30	code, this chapter prevails.
31	31	Sec. 216.004. CERTAIN AMENDMENTS VOID. An amendment to a
32	32	dedicatory instrument under this chapter that amends a provision
33	33	other than a discriminatory provision is void.
34	34	SUBCHAPTER B. PROPERTY SUBJECT TO PROPERTY OWNERS' ASSOCIATION
35	35	Sec. 216.011. REMOVAL OF DISCRIMINATORY PROVISION BY
36	36	PROPERTY OWNERS' ASSOCIATION. (a) The governing body of a property
37	37	owners' association may amend a dedicatory instrument to remove a
38	38	discriminatory provision by a majority vote of the governing body:
39	39	(1) on its own motion; or
40	40	(2) on the motion of a member of the property owners'
41	41	association.
42	42	(b) An amendment adopted under this section is effective if
43	43	the amendment:
44	44	(1) indicates that the amendment is adopted under
45	45	authority of this section by specifically referring to this
46	46	section;
47	47	(2) is signed by a majority of the governing body; and
48	48	(3) is filed in the real property records of each
49	49	county in which property subject to the discriminatory provision is
50	50	located.
51	51	Sec. 216.012. REMOVAL OF DISCRIMINATORY PROVISION BY
52	52	OWNERS. (a) This section applies only to a dedicatory instrument
53	53	that contains provisions for the circulation of a petition by the
54	54	owners of property in the subdivision or development to amend the
55	55	dedicatory instrument.
56	56	(b) The governing body of a property owners' association
57	57	shall amend a dedicatory instrument to remove a discriminatory
58	58	provision if a petition to remove the provision:
59	59	(1) is circulated in accordance with the provisions of
60	60	the dedicatory instrument; and
61	61	(2) without regard to any threshold for approval of a
62	62	petition established by the dedicatory instrument, is approved by
63	63	the owners of at least 10 percent of the total number of lots or
64	64	units subject to the dedicatory instrument.
65	65	(c) An amendment adopted under this section is effective if
66	66	the amendment:
67	67	(1) indicates that the amendment is adopted under
68	68	authority of this section by specifically referring to this
69	69	section; and
70	70	(2) is filed in the real property records of each
71	71	county in which property subject to the dedicatory instrument is
72	72	located.
73	73	SUBCHAPTER C. PROPERTY NOT SUBJECT TO PROPERTY OWNERS' ASSOCIATION
74	74	Sec. 216.021. APPLICABILITY OF SUBCHAPTER. This subchapter
75	75	applies only to a dedicatory instrument that does not establish a
76	76	property owners' association.
77	77	Sec. 216.022. AMENDMENT TO REMOVE DISCRIMINATORY
78	78	PROVISION. An amendment may be filed in accordance with this
79	79	subchapter to amend a dedicatory instrument to remove a
80	80	discriminatory provision.
81	81	Sec. 216.023. AMENDMENT COMMITTEE. (a) Three or more
82	82	owners of property subject to a dedicatory instrument that contains
83	83	a discriminatory provision may form an amendment committee for the
84	84	sole purpose of amending the dedicatory instrument to remove the
85	85	discriminatory provision.
86	86	(b) Only one amendment committee may operate under this
87	87	subchapter at one time. If more than one committee files notice of
88	88	the committee's formation for the same property subject to a
89	89	dedicatory instrument, the first committee that files a notice in
90	90	compliance with Section 216.024 has the authority to act under this
91	91	subchapter.
92	92	Sec. 216.024. NOTICE OF AMENDMENT COMMITTEE FORMATION. (a)
93	93	An amendment committee formed under Section 216.023 shall file
94	94	written notice of the committee's formation with the county clerk
95	95	of each county in which property subject to the dedicatory
96	96	instrument is located.
97	97	(b) The notice of the amendment committee's formation must
98	98	contain:
99	99	(1) a statement that an amendment committee has been
100	100	formed to amend a dedicatory instrument to remove a discriminatory
101	101	provision;
102	102	(2) the name and residential address of each amendment
103	103	committee member;
104	104	(3) a reference to the real property records or map or
105	105	plat records where the dedicatory instrument that contains the
106	106	discriminatory provision sought to be removed is recorded and the
107	107	name of the subdivision or development, as applicable; and
108	108	(4) a copy of the proposed amendment to the dedicatory
109	109	instrument that indicates the deletion of the discriminatory
110	110	provision from the original restrictive covenant or that restates
111	111	the original restrictive covenant without the discriminatory
112	112	provision.
113	113	(c) Before filing the notice of the amendment committee's
114	114	formation under Subsection (a), each amendment committee member
115	115	must sign and acknowledge the notice before a notary or other
116	116	official authorized to take acknowledgments.
117	117	(d) A county clerk who receives a notice of an amendment
118	118	committee's formation under Subsection (a) shall enter the filing
119	119	date and record the notice in the county's real property records.
120	120	Sec. 216.025. NOTICE TO PROPERTY OWNERS. (a) Not later
121	121	than the 30th day after the date notice of the amendment committee's
122	122	formation is filed with the county clerk, the amendment committee
123	123	shall provide a copy of the notice of the amendment committee's
124	124	formation to the owners of property subject to the dedicatory
125	125	instrument.
126	126	(b) Notice may be provided under Subsection (a) by:
127	127	(1) publishing a copy of the notice of the amendment
128	128	committee's formation at least once a week for two consecutive
129	129	weeks in a newspaper of general circulation in each county in which
130	130	property subject to the dedicatory instrument is located;
131	131	(2) mailing a copy of the notice of the amendment
132	132	committee's formation by first class mail to the owner of each lot
133	133	or unit subject to the dedicatory instrument as of the date the
134	134	notice is given; or
135	135	(3) posting a copy of the notice of the amendment
136	136	committee's formation in a conspicuous manner reasonably designed
137	137	to provide notice to owners of property subject to the dedicatory
138	138	instrument, including:
139	139	(A) in a common area or at an entrance to the
140	140	subdivision or development;
141	141	(B) with the consent of the owner, on
142	142	conspicuously located private property; or
143	143	(C) on any Internet website maintained by the
144	144	subdivision or development or other Internet media.
145	145	Sec. 216.026. OBJECTION TO AMENDMENT BY PROPERTY OWNERS.
146	146	(a) The owner of property subject to a dedicatory instrument
147	147	proposed to be amended under a notice of an amendment committee's
148	148	formation may file an objection to the proposed amendment.
149	149	(b) An objection under Subsection (a) is effective only if
150	150	the objection is:
151	151	(1) signed by the owners of at least 25 percent of the
152	152	units or lots subject to the dedicatory instrument proposed to be
153	153	amended; and
154	154	(2) filed with the county clerk of each county in which
155	155	the notice of the amendment committee's formation was filed not
156	156	later than the 90th day after the date the notice of the amendment
157	157	committee's formation was filed with the county clerk.
158	158	Sec. 216.027. EFFECTIVE DATE OF AMENDMENT. If an objection
159	159	is not filed in accordance with Section 216.026, the proposed
160	160	amendment contained in the notice of the amendment committee's
161	161	formation filed under Section 216.024(a) becomes effective on the
162	162	date the notice is filed.
163	163	Sec. 216.028. DISSOLUTION OF COMMITTEE. (a) A committee
164	164	that does not file an amendment to a dedicatory instrument before
165	165	the 120th day after the date the notice of the amendment committee's
166	166	formation is filed with the county clerk is dissolved.
167	167	(b) An amendment filed by a dissolved committee is void.
168	168	SECTION 2. This Act takes effect immediately if it receives
169	169	a vote of two-thirds of all the members elected to each house, as
170	170	provided by Section 39, Article III, Texas Constitution. If this
171	171	Act does not receive the vote necessary for immediate effect, this
172	172	Act takes effect September 1, 2021.