1-1 By: Patterson S.B. No. 113
1-2 (In the Senate - Filed December 2, 1994; January 16, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 February 7, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 4, Nays 0; February 7, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Cain
1-7 Amend S.B. No. 113 by adding the following new sections and
1-8 renumbering the remaining section accordingly:
1-9 SECTION 2. Subsection (c), Section 201.001, Property Code,
1-10 is amended to read as follows:
1-11 (c) The provisions of this chapter relating to addition to
1-12 or modification of existing restrictions do not apply to a
1-13 subdivision if, by the express terms of the instrument creating the
1-14 restrictions, the restrictions affecting the real property within
1-15 the subdivision provide for addition to or modification of the
1-16 restrictions by written and filed agreement of a specified
1-17 percentage of less than 75 percent of the owners of real property
1-18 interests in the subdivision, as set forth in the instrument
1-19 creating the restrictions. Provisions in the restrictions
1-20 requiring the consent of the developer of the subdivision or an
1-21 architectural control committee for any addition to or modification
1-22 of the restrictions shall not affect the exclusionary provisions of
1-23 this subsection.
1-24 SECTION 3. Subsection (a), Section 201.004, Property Code,
1-25 is amended to read as follows:
1-26 (a) A petition may be filed under this chapter to extend or
1-27 renew an unexpired restriction, to create a restriction, or to add
1-28 to or modify an existing restriction. Provided, however, if any
1-29 existing restriction establishes, imposes, or creates rights,
1-30 duties, or obligations in, to, or upon either the developer of the
1-31 subdivision or an architectural control committee established by
1-32 the instrument creating the restriction, such rights, duties, and
1-33 obligations cannot be altered, affected, increased, or diminished
1-34 unless the person or entity that is the holder of such rights or
1-35 that is obligated to perform such duties and obligations joins in
1-36 the petition.
1-37 A BILL TO BE ENTITLED
1-38 AN ACT
1-39 relating to the areas subject to a statute governing creation,
1-40 extension, renewal, or modification of deed restrictions applicable
1-41 to residential real estate subdivisions.
1-42 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-43 SECTION 1. Subsection (a), Section 201.001, Property Code,
1-44 is amended to read as follows:
1-45 (a) This chapter applies to a residential real estate
1-46 subdivision that is located in whole or in part:
1-47 (1) within a city that has a population of more than
1-48 1,600,000, or within the extraterritorial jurisdiction of such a
1-49 city; or
1-50 (2) in the unincorporated area of:
1-51 (A) a county having a population of 2,400,000 or
1-52 more; or
1-53 (B) a county having a population of 190,000 or
1-54 more that is adjacent to a county having a population of 2,400,000
1-55 or more.
1-56 SECTION 2. The importance of this legislation and the
1-57 crowded condition of the calendars in both houses create an
1-58 emergency and an imperative public necessity that the
1-59 constitutional rule requiring bills to be read on three several
1-60 days in each house be suspended, and this rule is hereby suspended,
1-61 and that this Act take effect and be in force from and after its
1-62 passage, and it is so enacted.
1-63 * * * * *