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.
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