88R8492 KBB-D
By: Kuempel H.B. No. 2153
A BILL TO BE ENTITLED
AN ACT
relating to the amendment of restrictive covenants applicable to
certain subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 11, Property Code, is amended by adding
Chapter 213 to read as follows:
CHAPTER 213. AMENDMENT OF RESTRICTIONS APPLICABLE TO CERTAIN
MULTI-ZONED SUBDIVISIONS
Sec. 213.001. DEFINITIONS. In this chapter:
(1) "Lot" means any designated parcel of land located
in a subdivision.
(2) "Multi-zoned subdivision" means a subdivision:
(A) that:
(i) was platted before 1965;
(ii) has more than 900 lots; and
(iii) is located in two or more separately
incorporated municipalities; and
(B) at least one portion of the plat of which is
zoned for a use other than a use permitted by the applicable
restrictions.
(3) "Real property records" and "restrictions" have
the meanings assigned by Section 201.003.
Sec. 213.002. APPLICABILITY. This chapter applies only to
a multi-zoned subdivision located wholly or partly in a
municipality:
(1) with a population of 30,000 or more; and
(2) located in at least three counties.
Sec. 213.003. AMENDMENT OF RESTRICTIONS. (a)
Notwithstanding any other law, restrictions applicable to property
in a multi-zoned subdivision may be amended as provided by this
chapter.
(b) An amendment under this chapter may apply to all or part
of the subdivision. Restrictions may be amended under this chapter
to affect different portions of the subdivision differently.
(c) An amendment approved under this chapter is effective
and applies to each separately owned lot in the area designated as
subject to the amendment.
Sec. 213.004. VOTE REQUIRED. (a) An amendment of
restrictions under this chapter must be approved by the owners of at
least 67 percent of the lots in the area of the subdivision
designated in the relevant ballot as subject to the proposed
amendment.
(b) Only one vote may be cast for each lot. The vote of
multiple owners of a property may be reflected by the signature or
vote of one of the owners.
Sec. 213.005. BALLOT REQUIREMENTS. (a) A ballot for a vote
under this chapter must:
(1) be in writing;
(2) state the substance of the proposed amendment of
the restrictions;
(3) designate the area of the subdivision to which the
proposed amendment applies; and
(4) specify the date by which the ballot must be
returned to be counted.
(b) A ballot for a vote under this chapter must be mailed to
each owner of a lot in the area of the subdivision to which the
proposed amendment applies at the address shown in the online
records of the appraisal district in which the lot is located.
(c) Before a vote is held under this section, a copy of the
ballot must be recorded in the real property records of each county
in which the subdivision is located.
Sec. 213.006. CERTIFICATION OF VOTE; RECORDING REQUIRED.
(a) If an amendment of the restrictions of a subdivision is
approved under this chapter, a document certifying the approval
must be recorded in the real property records of each county in
which the subdivision is located.
(b) A document filed under this section is prima facie
evidence that the required vote was attained and the required
procedures for the vote were followed.
Sec. 213.007. CLAIM OF LACK OF MUTUALITY PROHIBITED. If an
amendment of a subdivision's restrictions is approved under this
chapter, an owner of property within the subdivision to which the
amended restrictions apply may not claim in any judicial proceeding
that the amendment is not enforceable on the grounds that the
amendment is not applicable to all of the property in the
subdivision.
SECTION 2. Chapter 213, Property Code, as added by this Act,
applies to a restrictive covenant enacted before, on, or after the
effective date of this Act.
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, 2023.