By:  Hochberg                                         H.B. No. 1420
       73R3274 LJD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the enforcement of real property restrictions by
    1-3  certain municipalities; providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 230.002, Local Government Code, is
    1-6  amended to read as follows:
    1-7        Sec. 230.002.  DEFINITION.   In this subchapter,
    1-8  "restriction" means any covenant, condition, or limitation that
    1-9  applies to real property.  The term includes a limitation that:
   1-10              (1)  affects the use to which real property may be put;
   1-11              (2)  fixes the distance that a structure must be set
   1-12  back from property lines, street lines, or lot lines; or
   1-13              (3)  affects the size of a lot or the size, type, and
   1-14  number of structures that may be built on the lot.
   1-15        SECTION 2.  Section 230.006, Local Government Code, is
   1-16  amended to read as follows:
   1-17        Sec. 230.006.  ENFORCEMENT BY ORDINANCE; FINE OR CIVIL
   1-18  PENALTY.  (a)  The governing body of the municipality by ordinance
   1-19  may require compliance with a restriction contained or incorporated
   1-20  by reference in a properly recorded plan, plat, or other instrument
   1-21  that affects a subdivision located inside the boundaries of the
   1-22  municipality.
   1-23        (b)  The municipality may punish a violation of the
   1-24  restriction by imposing and recovering a fine or penalty in the
    2-1  same manner as provided by Section 54.001 for the violation of a
    2-2  rule, ordinance, or police regulation that governs fire safety,
    2-3  zoning, or public health and sanitation.
    2-4        (c)  The municipality may bring a civil action to recover a
    2-5  civil penalty for a violation of the restriction.  The municipality
    2-6  may bring an action and recover the penalty in the same manner as a
    2-7  municipality may bring an action and recover a penalty under
    2-8  Subchapter B, Chapter 54.
    2-9        (d) <(c)>  For the purposes of an ordinance adopted under
   2-10  this section, restrictions do not include provisions that restrict
   2-11  the sale, rental, or use of property on the basis of race, color,
   2-12  religion, sex, or national origin and do not include any
   2-13  restrictions that by their express provisions have terminated.
   2-14        SECTION 3.  Subchapter A, Chapter 230, Local Government Code,
   2-15  is amended by adding Sections 230.007 and 230.008 to read as
   2-16  follows:
   2-17        Sec. 230.007.  NOTICE TO PROPERTY OWNER IN VIOLATION OF
   2-18  RESTRICTION.  An ordinance adopted under Section 230.006(a) and
   2-19  imposing a fine or penalty under Section 230.006(b) may provide
   2-20  that, if the municipality attempts to give notice to an owner of
   2-21  real property under Section 54.005 and is unable to provide the
   2-22  notice, the municipality may give notice to the property owner by:
   2-23              (1)  publication at least twice within 10 consecutive
   2-24  days;
   2-25              (2)  posting the notice on or near the front door of
   2-26  each building on the property to which the violation relates; or
   2-27              (3)  posting the notice on a placard attached to a
    3-1  stake driven into the ground on the property to which the violation
    3-2  relates, if the property does not contain a building.
    3-3        Sec. 230.008.  NO LACHES; PRIOR ENFORCEMENT.   An action by a
    3-4  municipality to impose a fine or penalty or a civil penalty under
    3-5  this subchapter:
    3-6              (1)  is not barred by the prior failure of the
    3-7  municipality or any other affected party to seek to enforce the
    3-8  restriction; and
    3-9              (2)  may be used as evidence of prior enforcement of a
   3-10  restriction in a suit between private parties concerning the
   3-11  violation of the restriction.
   3-12        SECTION 4.  This Act takes effect September 1, 1993.
   3-13        SECTION 5.  The importance of this legislation and the
   3-14  crowded condition of the calendars in both houses create an
   3-15  emergency and an imperative public necessity that the
   3-16  constitutional rule requiring bills to be read on three several
   3-17  days in each house be suspended, and this rule is hereby suspended.