BILL ANALYSIS


                                                         H.B. 387
                                          By: Hochberg (Gallegos)
                                                    Jurisprudence
                                                          5-25-95
                              Senate Committee Report (Unamended)
BACKGROUND

Many homeowner associations are prevented from enforcing deed
restrictions by the high costs of filing district court actions. 
These high costs are an impediment to a homeowner association's
ability to enforce deed restrictions.  By enabling associations to
have access to justice courts, the associations may gain the
ability to enforce both large and small infractions.

PURPOSE

As proposed, H.B. 387 allows homeowner associations in large
counties to file court actions in justice courts.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 27B, Government Code, by adding Section
27.034, as follows:

     Sec. 27.034.  DEED RESTRICTION JURISDICTION.  (a) Provides
     that in a county with a population of 2.8 million or more a
     justice court has jurisdiction of suits relating to
     enforcement of a deed restriction of a residential subdivision
     that does not concern a structural change to a dwelling.
     
     (b) Requires the petitioner in a dispute concerning a deed
       restriction to present certain documents as evidence at the
       first hearing in the dispute.
       
       (c) Authorizes a justice of the peace to order any
       alternative method of dispute resolution provided by Title
       7, Civil Practice and Remedies Code.
       
       (d) Provides that the jurisdiction provided by this section
       is concurrent with the jurisdiction of the district court.
       
       (e) Provides that a justice court has jurisdiction of suits
       under this section regardless of the amount in controversy.
       
       (f) Authorizes a justice of the peace to consolidate
       disputes relating to the same issues and parties.
       
       (g) Provides that an appeal under this section is by trial
       de novo.
       
       (h) Defines "deed restriction."
       
       (i) Defines "dwelling."
SECTION 2. Emergency clause.
           Effective date: upon passage.