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.