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