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AN ACT
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relating to the adoption of an amendment procedure for restrictive |
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covenants affecting real property in certain residential |
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subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 211.002(a), (b), and (b-1), Property |
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Code, are amended to read as follows: |
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(a) This chapter applies only to a residential real estate |
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subdivision or any unit or parcel of a subdivision: |
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(1) all or part of which is located within an |
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unincorporated area of a county if the county has a population of |
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less than 65,000; |
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(2) all of which is located within the |
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extraterritorial jurisdiction of a municipality located in a county |
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that has a population of at least 65,000 and less than 135,000; [or] |
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(3) all of which is located within the |
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extraterritorial jurisdiction of a municipality located in a county |
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that borders Lake Buchanan and has a population of at least 18,500 |
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and less than 19,500; or |
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(4) all or part of which is located within a county |
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that borders Lake Livingston and has a population of less than |
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50,000. |
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(b) This chapter applies only to restrictions that affect |
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real property within a residential real estate subdivision or any |
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units or parcels of the subdivision and that, by the express terms |
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of the instrument creating the restrictions: |
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(1) are not subject to a procedure by which the |
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restrictions may be amended; [or] |
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(2) may not be amended without the unanimous consent |
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of: |
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(A) all property owners in the subdivision; or |
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(B) all property owners in any unit or parcel of |
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the subdivision; or |
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(3) may not be amended without a written instrument |
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that is: |
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(A) signed by a majority or more than a majority |
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of the owners of the lots in the subdivision; and |
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(B) filed in the real property records of each |
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county in which all or part of the subdivision is located. |
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(b-1) In addition to restrictions and units or parcels of a |
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subdivision that are subject to this chapter under Subsection (b), |
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this chapter applies to restrictions that affect real property |
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within a residential real estate subdivision or any units or |
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parcels of the subdivision and that, by the express terms of the |
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instrument creating the restrictions, provide that amendments to |
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the restrictions are not operative or effective until a specified |
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date or the expiration of a specified period. An amendment under |
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this chapter of a restriction described by this subsection is |
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effective as provided by this chapter, regardless of whether the |
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date specified in the restrictions has occurred or the period |
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prescribed by the restrictions has expired. This subsection |
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expires September 1, 2019 [2015]. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1852 passed the Senate on |
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April 22, 2015, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1852 passed the House on |
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May 27, 2015, by the following vote: Yeas 141, Nays 3, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |