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 * * * * *