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 * * * * *