Enrolled Bill Summary

            House Bill 1129 amends provisions of the Local Government Code relating to enforcement of land-use restrictions in a municipality with a population of 1.5 million or more that passes an ordinance to enforce the restrictions with regard to all property and residents or in a municipality that does not have zoning ordinances and that passes an ordinance to enforce the restrictions with regard to all property and residents. The bill clarifies what restrictions the municipality can enforce by redefining "restriction" to include a land-use regulation that affects the character or the use of the property, regulates or restricts the type of activities that may take place, regulates architectural features of a structure, or specifies the type of maintenance that must be performed. The bill prohibits the municipality from initiating or maintaining a lawsuit to enforce a deed restriction if a property owners' association files a lawsuit to enforce the restriction and from enforcing a deed restriction that restricts the rights of public utilities within easements and private or public rights-of-way. The municipality also cannot participate in a lawsuit or other proceeding to foreclose a property owners' association's lien on real property. The bill prohibits a property owners' association from using the work product of the municipality's legal counsel in a suit to enforce a restriction or to foreclose a property owners' association's lien on real property.