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AN ACT
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relating to the amendment of a residential subdivision's |
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declaration to affect certain types of property located in the |
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subdivision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 209.0041, Property Code, is amended by |
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adding Subsection (d-1) to read as follows: |
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(d-1) This section does not apply to an amendment of a |
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declaration if the amendment would affect a portion of a |
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subdivision that is zoned for or that contains, or previously |
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contained as specifically allowed under the declaration, a |
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commercial structure, an industrial structure, an apartment |
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complex, or a condominium as defined by Section 81.002 or 82.003. |
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For purposes of this subsection, "apartment complex" means two or |
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more dwellings in one or more buildings that are owned by the same |
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owner, located on the same lot or tract, and managed by the same |
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owner, agent, or management company. |
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SECTION 2. Section 209.0041(d-1), Property Code, as added |
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by this Act, applies only to a vote to amend a declaration held on or |
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after the effective date of this Act. A vote to amend a declaration |
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held before the effective date of this Act is governed by the law as |
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it existed immediately before that date, and that law is continued |
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in effect for that purpose. |
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SECTION 3. 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, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1659 was passed by the House on April |
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30, 2021, by the following vote: Yeas 138, Nays 3, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1659 on May 28, 2021, by the following vote: Yeas 139, Nays 7, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1659 was passed by the Senate, with |
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amendments, on May 27, 2021, by a viva-voce vote. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |