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A BILL TO BE ENTITLED
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AN ACT
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relating to the amendment of restrictive covenants of certain |
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residential subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 202, Property Code, is amended by adding |
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Section 202.024 to read as follows: |
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Sec. 202.024. RESIDENTIAL SUBDIVISION WITHOUT MANDATORY |
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PROPERTY OWNERS' ASSOCIATION. (a) In this section, "dedicatory |
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instrument" includes a deed containing a restrictive covenant. |
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(b) This section applies only to residential subdivisions |
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whose dedicatory instruments do not require membership in a |
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property owners' association. |
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(c) The dedicatory instruments of a residential subdivision |
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described by Subsection (b) may not be amended unless notice of the |
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proposed amendment is provided by certified mail, return receipt |
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requested, to each property owner in the residential subdivision, |
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at the owner's mailing address according to the records of the |
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appraisal district in which the property is located. The notice |
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must: |
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(1) contain the text of the amendment; |
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(2) contain a ballot that the owner may return to an |
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address stated on the ballot in order to cast the owner's vote; |
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(3) state a deadline to return the ballot, which may |
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not be less than 60 days after the date the notice is sent; and |
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(4) identify an individual or entity who will tabulate |
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the ballots and include the individual's or entity's mailing |
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address. |
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(d) The individual or entity who tabulates the ballots must |
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retain the ballots for at least 180 days after the deadline provided |
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by Subsection (c)(3). |
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(e) If within the ballot retention period provided by |
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Subsection (d), a property owner in the residential subdivision |
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sends a request by certified mail, return receipt requested, to the |
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ballot tabulator at the address given under Subsection (c)(4), the |
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ballot tabulator must provide the owner a copy of all ballots in |
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electronic or paper form. |
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(f) A dedicatory instrument amendment that receives the |
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required vote in order to be adopted in accordance with the terms of |
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the dedicatory instrument may not be filed of record until the 30th |
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day after the expiration of the ballot retention period provided by |
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Subsection (d). |
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(g) This section supersedes any contrary requirement in a |
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dedicatory instrument. |
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SECTION 2. This Act takes effect September 1, 2023. |