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.