Texas 2025 - 89th Regular

Texas House Bill HB1698 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Schoolcraft H.B. No. 1698
2	2
3	3
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the amendment of restrictive covenants applicable to
9	9	certain subdivisions.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 11, Property Code, is amended by adding
12	12	Chapter 213 to read as follows:
13	13	CHAPTER 213. AMENDMENT OF RESTRICTIONS APPLICABLE TO CERTAIN
14	14	MULTI-ZONED SUBDIVISIONS
15	15	Sec. 213.001. DEFINITIONS. In this chapter:
16	16	(1) "Lot" means any designated parcel of land located
17	17	in a subdivision.
18	18	(2) "Multi-zoned subdivision" means a subdivision:
19	19	(A) that:
20	20	(i) was platted before 1965;
21	21	(ii) has more than 900 lots; and
22	22	(iii) is located in two or more separately
23	23	incorporated municipalities; and
24	24	(B) at least one portion of the plat of which is
25	25	zoned for a use other than a use permitted by the applicable
26	26	restrictions.
27	27	(3) "Real property records" and "restrictions" have
28	28	the meanings assigned by Section 201.003.
29	29	Sec. 213.002. APPLICABILITY. This chapter applies only to
30	30	a multi-zoned subdivision located wholly or partly in a
31	31	municipality:
32	32	(1) with a population of 30,000 or more; and
33	33	(2) located in at least three counties.
34	34	Sec. 213.003. AMENDMENT OF RESTRICTIONS. (a)
35	35	Notwithstanding any other law, restrictions applicable to property
36	36	in a multi-zoned subdivision may be amended as provided by this
37	37	chapter.
38	38	(b) An amendment under this chapter may apply to all or part
39	39	of the subdivision. Restrictions may be amended under this chapter
40	40	to affect different portions of the subdivision differently.
41	41	(c) An amendment approved under this chapter is effective
42	42	and applies to each separately owned lot in the area designated as
43	43	subject to the amendment.
44	44	Sec. 213.004. VOTE REQUIRED. (a) An amendment of
45	45	restrictions under this chapter must be approved by the owners of at
46	46	least 67 percent of the lots in the area of the subdivision
47	47	designated in the relevant ballot as subject to the proposed
48	48	amendment.
49	49	(b) Only one vote may be cast for each lot. The vote of
50	50	multiple owners of a property may be reflected by the signature or
51	51	vote of one of the owners.
52	52	Sec. 213.005. BALLOT REQUIREMENTS. (a) A ballot for a vote
53	53	under this chapter must:
54	54	(1) be in writing;
55	55	(2) state the substance of the proposed amendment of
56	56	the restrictions;
57	57	(3) designate the area of the subdivision to which the
58	58	proposed amendment applies; and
59	59	(4) specify the date by which the ballot must be
60	60	returned to be counted.
61	61	(b) A ballot for a vote under this chapter must be mailed to
62	62	each owner of a lot in the area of the subdivision to which the
63	63	proposed amendment applies at the address shown in the online
64	64	records of the appraisal district in which the lot is located.
65	65	(c) Before a vote is held under this section, a copy of the
66	66	ballot must be recorded in the real property records of each county
67	67	in which the subdivision is located.
68	68	Sec. 213.006. CERTIFICATION OF VOTE; RECORDING REQUIRED.
69	69	(a) If an amendment of the restrictions of a subdivision is
70	70	approved under this chapter, a document certifying the approval
71	71	must be recorded in the real property records of each county in
72	72	which the subdivision is located.
73	73	(b) A document filed under this section is prima facie
74	74	evidence that the required vote was attained and the required
75	75	procedures for the vote were followed.
76	76	Sec. 213.007. CLAIM OF LACK OF MUTUALITY PROHIBITED. If an
77	77	amendment of a subdivision's restrictions is approved under this
78	78	chapter, an owner of property within the subdivision to which the
79	79	amended restrictions apply may not claim in any judicial proceeding
80	80	that the amendment is not enforceable on the grounds that the
81	81	amendment is not applicable to all of the property in the
82	82	subdivision.
83	83	SECTION 2. Chapter 213, Property Code, as added by this Act,
84	84	applies to a restrictive covenant enacted before, on, or after the
85	85	effective date of this Act.
86	86	SECTION 3. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect September 1, 2025.