74R10872 MLR-D
          By Hochberg                                            H.B. No. 387
          Substitute the following for H.B. No. 387:
          By Hartnett                                        C.S.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.