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A BILL TO BE ENTITLED
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AN ACT
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relating to notice to property owners of the adoption or amendment |
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of certain restrictive covenants. |
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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 202.0045 to read as follows: |
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Sec. 202.0045. NOTICE OF NEW OR AMENDED RESTRICTIVE |
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COVENANT; CERTIFICATE OF COMPLIANCE. (a) A property owners' |
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association may not enforce a newly adopted restrictive covenant or |
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an amendment to a restrictive covenant before the 60th day after the |
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date the association gives notice of the adoption or amendment |
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directed to all persons who then are record owners of property in |
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the residential subdivision, planned unit development, condominium |
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or townhouse regime, or similar planned development. The notice |
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must contain the name of the subdivision, regime, or development |
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covered by the restrictive covenant and a copy of the dedicatory |
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instrument containing the restrictive covenant as it will be filed |
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under Section 202.006. |
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(b) Except as provided by Subsection (d), the notice |
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required by Subsection (a) must be: |
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(1) published once a week for two consecutive weeks in |
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a newspaper of general circulation in the county or counties where |
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the subdivision, regime, or development is located; and |
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(2) sent by certified mail, return receipt requested, |
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to each person who owns land in the subdivision, regime, or |
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development as of the date the notice is given, excluding the owners |
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of land dedicated for public use or for use by utilities. |
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(c) If the property owners' association acts in good faith |
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in determining ownership and giving notice as required by this |
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section, the failure to give personal notice to an owner does not |
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affect the enforceability of the restrictive covenant as to that |
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owner or the owner's property. |
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(d) Instead of providing a copy of the dedicatory instrument |
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as it will be filed under Section 202.006 as required by Subsection |
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(a), a notice published as required by Subsection (b)(1) may |
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contain a general description of the purpose and effect of the newly |
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adopted restrictive covenant or the amendment to the restrictive |
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covenant, as applicable. |
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(e) On compliance with the notice requirements of this |
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section, a majority of the members of the governing body of the |
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property owners' association shall execute a certificate of |
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compliance and file the certificate with the county clerk of each |
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county where the subdivision, regime, or development is located. |
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(f) The county clerk of each county shall record the |
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certificate in the real property records of the county. |
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SECTION 2. Section 209.0042(b), Property Code, is amended |
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to read as follows: |
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(b) A property owners' association may use an alternative |
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method of providing notice adopted under this section to provide a |
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notice for which another method is prescribed by law, other than a |
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notice required by Section 202.0045, only if the property owner to |
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whom the notice is provided has affirmatively opted to allow the |
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association to use the alternative method of providing notice to |
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provide to the owner notices for which another method is prescribed |
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by law. |
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SECTION 3. Section 202.0045, Property Code, as added by |
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this Act, applies only to a restrictive covenant adopted or amended |
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on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |