| 1 | 1 | | 88R25774 ATP-F |
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| 2 | 2 | | By: Burns H.B. No. 1786 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the amendment of restrictive covenants of certain |
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| 8 | 8 | | residential subdivisions. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 202, Property Code, is amended by adding |
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| 11 | 11 | | Section 202.024 to read as follows: |
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| 12 | 12 | | Sec. 202.024. RESIDENTIAL SUBDIVISION WITHOUT MANDATORY |
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| 13 | 13 | | PROPERTY OWNERS' ASSOCIATION. (a) In this section, "dedicatory |
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| 14 | 14 | | instrument" includes a deed containing a restrictive covenant. |
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| 15 | 15 | | (b) This section applies only to residential subdivisions |
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| 16 | 16 | | whose dedicatory instruments do not require membership in a |
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| 17 | 17 | | property owners' association. |
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| 18 | 18 | | (c) The dedicatory instruments of a residential subdivision |
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| 19 | 19 | | described by Subsection (b) may not be amended unless notice of the |
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| 20 | 20 | | proposed amendment is provided by certified mail, return receipt |
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| 21 | 21 | | requested, to each property owner in the residential subdivision, |
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| 22 | 22 | | at the owner's mailing address according to the records of the |
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| 23 | 23 | | appraisal district in which the property is located. The notice |
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| 24 | 24 | | must: |
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| 25 | 25 | | (1) contain the text of the amendment; |
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| 26 | 26 | | (2) contain a ballot that the owner may return to an |
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| 27 | 27 | | address stated on the ballot in order to cast the owner's vote; |
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| 28 | 28 | | (3) state a deadline to return the ballot, which may |
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| 29 | 29 | | not be less than 60 days after the date the notice is sent; and |
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| 30 | 30 | | (4) identify an individual or entity who will tabulate |
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| 31 | 31 | | the ballots and include the individual's or entity's mailing |
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| 32 | 32 | | address. |
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| 33 | 33 | | (d) The individual or entity who tabulates the ballots must |
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| 34 | 34 | | retain the ballots for at least 180 days after the deadline provided |
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| 35 | 35 | | by Subsection (c)(3). |
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| 36 | 36 | | (e) If within the ballot retention period provided by |
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| 37 | 37 | | Subsection (d), a property owner in the residential subdivision |
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| 38 | 38 | | sends a request by certified mail, return receipt requested, to the |
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| 39 | 39 | | ballot tabulator at the address given under Subsection (c)(4), the |
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| 40 | 40 | | ballot tabulator must provide the owner a copy of all ballots in |
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| 41 | 41 | | electronic or paper form. |
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| 42 | 42 | | (f) A dedicatory instrument amendment that receives the |
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| 43 | 43 | | required vote in order to be adopted in accordance with the terms of |
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| 44 | 44 | | the dedicatory instrument may not be filed of record until the 30th |
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| 45 | 45 | | day after the expiration of the ballot retention period provided by |
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| 46 | 46 | | Subsection (d). |
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| 47 | 47 | | (g) This section supersedes any contrary requirement in a |
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| 48 | 48 | | dedicatory instrument. |
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| 49 | 49 | | SECTION 2. This Act takes effect September 1, 2023. |
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