By:  Patterson                                         S.B. No. 113
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the statutes governing creation, extension, renewal, or
    1-2  modification of deed restrictions applicable to certain residential
    1-3  real estate subdivisions.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subsection (a), Section 201.001, Property Code,
    1-6  is amended to read as follows:
    1-7        (a)  This chapter applies to a residential real estate
    1-8  subdivision that is located in whole or in part:
    1-9              (1)  within a city that has a population of more than
   1-10  1,600,000, or within the extraterritorial jurisdiction of such a
   1-11  city; or
   1-12              (2)  in the unincorporated area of:
   1-13                    (A)  a county having a population of 2,400,000 or
   1-14  more; or
   1-15                    (B)  a county having a population of 190,000 or
   1-16  more that is adjacent to a county having a population of 2,400,000
   1-17  or more.
   1-18        SECTION 2.  Subsection (c), Section 201.001, Property Code,
   1-19  is amended to read as follows:
   1-20        (c)  The provisions of this chapter relating to addition to
   1-21  or modification of existing restrictions do not apply to a
   1-22  subdivision if, by the express terms of the instrument creating the
   1-23  restrictions, the restrictions affecting the real property within
   1-24  the subdivision provide for addition to or modification of the
    2-1  restrictions by written and filed agreement of a specified
    2-2  percentage of less than 75 percent of the owners of real property
    2-3  interests in the subdivision, as set forth in the instrument
    2-4  creating the restrictions.  Provisions in the restrictions
    2-5  requiring the consent of the developer of the subdivision or an
    2-6  architectural control committee for any addition to or modification
    2-7  of the restrictions shall not affect the exclusionary provisions of
    2-8  this subsection.
    2-9        SECTION 3.  Subsection (a), Section 201.004, Property Code,
   2-10  is amended to read as follows:
   2-11        (a)  A petition may be filed under this chapter to extend or
   2-12  renew an unexpired restriction, to create a restriction, or to add
   2-13  to or modify an existing restriction.  Provided, however, if any
   2-14  existing restriction establishes, imposes, or creates rights,
   2-15  duties, or obligations in, to, or upon either the developer of the
   2-16  subdivision or an architectural control committee established by
   2-17  the instrument creating the restriction, such rights, duties, and
   2-18  obligations cannot be altered, affected, increased, or diminished
   2-19  unless the person or entity that is the holder of such rights or
   2-20  that is obligated to perform such duties and obligations joins in
   2-21  the petition.
   2-22        SECTION 4.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
   2-26  days in each house be suspended, and this rule is hereby suspended,
   2-27  and that this Act take effect and be in force from and after its
    3-1  passage, and it is so enacted.