| 1 | 1 | | 2023S0225-1 02/27/23 |
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| 2 | 2 | | By: Alvarado S.B. No. 1363 |
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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 enforcement by a property owners' association of a |
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| 8 | 8 | | restrictive covenant that prevents a property owner from building |
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| 9 | 9 | | or installing certain security measures. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 202.023(c), Property Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (c) This section does not prohibit a property owners' |
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| 14 | 14 | | association from: |
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| 15 | 15 | | (1) prohibiting the installation of a security camera |
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| 16 | 16 | | by a property owner in a place other than the property owner's |
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| 17 | 17 | | private property; [or] |
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| 18 | 18 | | (2) regulating the type of fencing that a property |
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| 19 | 19 | | owner may install; or |
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| 20 | 20 | | (3) adopting or enforcing a restrictive covenant that |
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| 21 | 21 | | prohibits perimeter fencing in front of the front building line if |
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| 22 | 22 | | that restriction has been approved by at least 75 percent of the |
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| 23 | 23 | | property owners of the subdivision after the initial creation of |
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| 24 | 24 | | the subdivision. |
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| 25 | 25 | | SECTION 2. The change in law made by this Act does not |
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| 26 | 26 | | authorize a property owners' association to prohibit a security |
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| 27 | 27 | | measure built or installed by a property owner before the effective |
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| 28 | 28 | | date of this Act. |
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| 29 | 29 | | SECTION 3. This Act takes effect September 1, 2023. |
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