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