1-1 By: Hochberg (Senate Sponsor - Gallegos) H.B. No. 387
1-2 (In the Senate - Received from the House May 11, 1995;
1-3 May 12, 1995, read first time and referred to Committee on
1-4 Jurisprudence; May 24, 1995, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 24, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the jurisdiction of certain justice courts.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subchapter B, Chapter 27, Government Code, is
1-11 amended by adding Section 27.034 to read as follows:
1-12 Sec. 27.034. DEED RESTRICTION JURISDICTION. (a) In a
1-13 county with a population of 2.8 million or more, a justice court
1-14 has jurisdiction of suits relating to enforcement of a deed
1-15 restriction of a residential subdivision that does not concern a
1-16 structural change to a dwelling.
1-17 (b) The petitioner in a dispute concerning a deed
1-18 restriction shall present as evidence at the first hearing in the
1-19 dispute:
1-20 (1) a certified copy of the deed or other document
1-21 that establishes the restriction on the property; and
1-22 (2) other documents necessary to demonstrate that the
1-23 restriction applies to the property in dispute.
1-24 (c) In a dispute concerning a deed restriction, a justice of
1-25 the peace may order any alternative method of dispute resolution
1-26 provided by Title 7, Civil Practice and Remedies Code.
1-27 (d) The jurisdiction provided by this section is concurrent
1-28 with the jurisdiction of the district court.
1-29 (e) A justice court has jurisdiction of suits under this
1-30 section regardless of the amount in controversy.
1-31 (f) In a dispute concerning a deed restriction, a justice of
1-32 the peace may consolidate disputes relating to the same issues and
1-33 parties.
1-34 (g) An appeal under this section is by trial de novo.
1-35 (h) In this section, "deed restriction" means one or more
1-36 restrictive covenants contained or incorporated by reference in a
1-37 properly recorded deed, map, plat, replat, declaration, or other
1-38 instrument filed in the real property records, map records, or deed
1-39 records of the county in which the property is located.
1-40 (i) In this section, a "dwelling" does not include an
1-41 external structure such as a carport, fence, storage building, or
1-42 unattached garage.
1-43 SECTION 2. The importance of this legislation and the
1-44 crowded condition of the calendars in both houses create an
1-45 emergency and an imperative public necessity that the
1-46 constitutional rule requiring bills to be read on three several
1-47 days in each house be suspended, and this rule is hereby suspended,
1-48 and that this Act take effect and be in force from and after its
1-49 passage, and it is so enacted.
1-50 * * * * *