By Hochberg H.B. No. 387 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the jurisdiction of certain justice courts. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter B, Chapter 27, Government Code, is 1-5 amended by adding Section 27.034 to read as follows: 1-6 Sec. 27.034. DEED RESTRICTION JURISDICTION. (a) In a 1-7 county with a population of 2.8 million or more, a justice court 1-8 has jurisdiction of suits relating to enforcement of a deed 1-9 restriction of a residential subdivision that does not concern a 1-10 structural change to a dwelling. 1-11 (b) The petitioner in a dispute concerning a deed 1-12 restriction shall present as evidence at the first hearing in the 1-13 dispute: 1-14 (1) a certified copy of the deed or other document 1-15 that establishes the restriction on the property; and 1-16 (2) other documents necessary to demonstrate that the 1-17 restriction applies to the property in dispute. 1-18 (c) In a dispute concerning a deed restriction, a justice of 1-19 the peace may order any alternative method of dispute resolution 1-20 provided by Title 7, Civil Practice and Remedies Code. 1-21 (d) The jurisdiction provided by this section is concurrent 1-22 with the jurisdiction of the district court. 1-23 (e) A justice court has jurisdiction of suits under this 1-24 section regardless of the amount in controversy. 2-1 (f) In a dispute concerning a deed restriction, a justice of 2-2 the peace may consolidate disputes relating to the same issues and 2-3 parties. 2-4 (g) An appeal under this section is by trial de novo. 2-5 (h) In this section, "deed restriction" means one or more 2-6 restrictive covenants contained or incorporated by reference in a 2-7 properly recorded deed, map, plat, replat, declaration, or other 2-8 instrument filed in the real property records, map records, or deed 2-9 records of the county in which the property is located. 2-10 (i) In this section, a "dwelling" does not include an 2-11 external structure such as a carport, fence, storage building, or 2-12 unattached garage. 2-13 SECTION 2. The importance of this legislation and the 2-14 crowded condition of the calendars in both houses create an 2-15 emergency and an imperative public necessity that the 2-16 constitutional rule requiring bills to be read on three several 2-17 days in each house be suspended, and this rule is hereby suspended, 2-18 and that this Act take effect and be in force from and after its 2-19 passage, and it is so enacted.