| 1 | 1 | | 89R15427 JBD-F |
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| 2 | 2 | | By: Creighton S.B. No. 2703 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the authority of a municipality or county to regulate |
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| 10 | 10 | | condominiums. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 82.006, Property Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | Sec. 82.006. APPLICABILITY OF LOCAL ORDINANCES, |
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| 15 | 15 | | REGULATIONS, AND BUILDING CODES. (a) A zoning, subdivision, |
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| 16 | 16 | | building code, or other real property use law, ordinance, or |
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| 17 | 17 | | regulation may not prohibit the condominium form of ownership or |
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| 18 | 18 | | impose any requirement on a condominium that it would not impose on |
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| 19 | 19 | | a physically identical development under a different form of |
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| 20 | 20 | | ownership. Except as provided by this section [Otherwise], this |
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| 21 | 21 | | chapter does not invalidate or modify any provision of any zoning, |
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| 22 | 22 | | subdivision, building code, or other real property use law, |
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| 23 | 23 | | ordinance, or regulation. |
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| 24 | 24 | | (b) Notwithstanding any other law: |
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| 25 | 25 | | (1) a condominium declaration is not a subdivision of |
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| 26 | 26 | | land for purposes of Chapter 212, 232, or 242, Local Government |
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| 27 | 27 | | Code; and |
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| 28 | 28 | | (2) a municipality or county may not require the |
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| 29 | 29 | | preparation or submission for approval of a subdivision plat in |
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| 30 | 30 | | connection with the creation or alteration of a condominium under |
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| 31 | 31 | | this chapter. |
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| 32 | 32 | | SECTION 2. The change in law made by this Act applies only |
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| 33 | 33 | | to a condominium declaration filed for recording on or after the |
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| 34 | 34 | | effective date of this Act. A condominium declaration filed for |
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| 35 | 35 | | recording before the effective date of this Act is governed by the |
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| 36 | 36 | | law as it existed immediately before the effective date of this Act, |
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| 37 | 37 | | and that law is continued in effect for that purpose. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2025. |
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