BILL ANALYSIS
S.B. 113
By: Patterson (Uher)
March 17, 1995
Committee Report (Unamended)
BACKGROUND
Presently, residents in the subdivision of Demi John Island in
Brazoria County cannot extend or renew deed restrictions without
100 percent of the property owners' approval. Seventy-five percent
approval is requested to ease changes in deed restrictions.
PURPOSE
As proposed, S.B. 113 adds to the areas subject to a statute
governing creation, extension, renewal, or modification of deed
restrictions applicable to residential real estate subdivisions.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, department,
institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 201.001(a), Property Code, to make this
chapter applicable to a residential real estate
subdivision in an unincorporated area of a county with
a population of 190,000 or more, adjacent to a county
with a population of 2,400,000 or more.
SECTION 2. Amends Section 201.001(c), Property Code, to prohibit
provisions requiring the consent of a developer or an
architectural control committee for addition to or
modification of the restrictions from affecting the
exclusionary provisions of this subsection.
SECTION 3. Amends Section 201.004(a), Property Code, to prohibit
rights, duties, or obligations created by a developer
or architectural control committee from being altered,
unless the person who is the holder of the rights or is
obligated to perform the duties joins in the petition.
SECTION 4. Emergency clause.
Effective date: upon passage.
SUMMARY OF COMMITTEE ACTION
S.B. 113 was considered by the committee in a public hearing on
March 14, 1995.
The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
9 ayes, 0 nays, 0 pnv, 0 absent.