Texas 2023 - 88th Regular

Texas House Bill HB2153 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R8492 KBB-D
2	2	By: Kuempel H.B. No. 2153
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the amendment of restrictive covenants applicable to
8	8	certain subdivisions.
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 213 to read as follows:
12	12	CHAPTER 213. AMENDMENT OF RESTRICTIONS APPLICABLE TO CERTAIN
13	13	MULTI-ZONED SUBDIVISIONS
14	14	Sec. 213.001. DEFINITIONS. In this chapter:
15	15	(1) "Lot" means any designated parcel of land located
16	16	in a subdivision.
17	17	(2) "Multi-zoned subdivision" means a subdivision:
18	18	(A) that:
19	19	(i) was platted before 1965;
20	20	(ii) has more than 900 lots; and
21	21	(iii) is located in two or more separately
22	22	incorporated municipalities; and
23	23	(B) at least one portion of the plat of which is
24	24	zoned for a use other than a use permitted by the applicable
25	25	restrictions.
26	26	(3) "Real property records" and "restrictions" have
27	27	the meanings assigned by Section 201.003.
28	28	Sec. 213.002. APPLICABILITY. This chapter applies only to
29	29	a multi-zoned subdivision located wholly or partly in a
30	30	municipality:
31	31	(1) with a population of 30,000 or more; and
32	32	(2) located in at least three counties.
33	33	Sec. 213.003. AMENDMENT OF RESTRICTIONS. (a)
34	34	Notwithstanding any other law, restrictions applicable to property
35	35	in a multi-zoned subdivision may be amended as provided by this
36	36	chapter.
37	37	(b) An amendment under this chapter may apply to all or part
38	38	of the subdivision. Restrictions may be amended under this chapter
39	39	to affect different portions of the subdivision differently.
40	40	(c) An amendment approved under this chapter is effective
41	41	and applies to each separately owned lot in the area designated as
42	42	subject to the amendment.
43	43	Sec. 213.004. VOTE REQUIRED. (a) An amendment of
44	44	restrictions under this chapter must be approved by the owners of at
45	45	least 67 percent of the lots in the area of the subdivision
46	46	designated in the relevant ballot as subject to the proposed
47	47	amendment.
48	48	(b) Only one vote may be cast for each lot. The vote of
49	49	multiple owners of a property may be reflected by the signature or
50	50	vote of one of the owners.
51	51	Sec. 213.005. BALLOT REQUIREMENTS. (a) A ballot for a vote
52	52	under this chapter must:
53	53	(1) be in writing;
54	54	(2) state the substance of the proposed amendment of
55	55	the restrictions;
56	56	(3) designate the area of the subdivision to which the
57	57	proposed amendment applies; and
58	58	(4) specify the date by which the ballot must be
59	59	returned to be counted.
60	60	(b) A ballot for a vote under this chapter must be mailed to
61	61	each owner of a lot in the area of the subdivision to which the
62	62	proposed amendment applies at the address shown in the online
63	63	records of the appraisal district in which the lot is located.
64	64	(c) Before a vote is held under this section, a copy of the
65	65	ballot must be recorded in the real property records of each county
66	66	in which the subdivision is located.
67	67	Sec. 213.006. CERTIFICATION OF VOTE; RECORDING REQUIRED.
68	68	(a) If an amendment of the restrictions of a subdivision is
69	69	approved under this chapter, a document certifying the approval
70	70	must be recorded in the real property records of each county in
71	71	which the subdivision is located.
72	72	(b) A document filed under this section is prima facie
73	73	evidence that the required vote was attained and the required
74	74	procedures for the vote were followed.
75	75	Sec. 213.007. CLAIM OF LACK OF MUTUALITY PROHIBITED. If an
76	76	amendment of a subdivision's restrictions is approved under this
77	77	chapter, an owner of property within the subdivision to which the
78	78	amended restrictions apply may not claim in any judicial proceeding
79	79	that the amendment is not enforceable on the grounds that the
80	80	amendment is not applicable to all of the property in the
81	81	subdivision.
82	82	SECTION 2. Chapter 213, Property Code, as added by this Act,
83	83	applies to a restrictive covenant enacted before, on, or after the
84	84	effective date of this Act.
85	85	SECTION 3. This Act takes effect immediately if it receives
86	86	a vote of two-thirds of all the members elected to each house, as
87	87	provided by Section 39, Article III, Texas Constitution. If this
88	88	Act does not receive the vote necessary for immediate effect, this
89	89	Act takes effect September 1, 2023.