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.