By Hochberg H.B. No. 387
74R2795 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of a justice court.
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) A justice
1-7 court has jurisdiction of suits relating to enforcement of a deed
1-8 restriction.
1-9 (b) In a dispute concerning a deed restriction, a justice of
1-10 the peace may:
1-11 (1) order mediation; or
1-12 (2) issue an injunction.
1-13 (c) The jurisdiction provided by this section is concurrent
1-14 with the jurisdiction of the district court.
1-15 (d) A justice court has jurisdiction of suits under this
1-16 section regardless of the amount in controversy.
1-17 (e) In this section, "deed restriction" means one or more
1-18 restrictive covenants contained or incorporated by reference in a
1-19 properly recorded deed, map, plat, replat, declaration, or other
1-20 instrument filed in the real property records, map records, or deed
1-21 records of the county in which the property is located.
1-22 SECTION 2. The importance of this legislation and the
1-23 crowded condition of the calendars in both houses create an
1-24 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended,
2-3 and that this Act take effect and be in force from and after its
2-4 passage, and it is so enacted.