SLC H.B. 3154 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
H.B. 3154
By: Hilbert
4-18-97
Committee Report (Unamended)



BACKGROUND 

Texas law allows for the modification of restrictive covenants for
residential property if 75% of the owners, on a section-by-section basis
or of the total number of properties in the property owners' association's
jurisdiction, vote for the modification via petition.  This rule does not
apply to non-residential property. 

PURPOSE

H.B. 3154 would amend current law by allowing non-residential property
owners the same rights of restrictive covenant modification as residential
property owners possess. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 11, Property Code, by adding Chapter 206 as
follows: 

 CHAPTER 206.  RESTRICTIVE COVENANTS APPLICABLE TO CERTAIN NONRESIDENTIAL
PROPERTY. 

 Sec. 206.001.  APPLICATION.  States that this chapter only applies to
property designated by a restrictive covenant for nonresidential  use in a
county with a population of 2.8 million or more. 

 Sec. 206.002.  DEFINITIONS.

 Sec. 206.003.  MODIFICATION OF RESTRICTIONS.

 (a) Provides for compliance procedures for persons attempting to modify
restrictive covenants for real property under this chapter. 

 (b) Provides for nullifications of modifications to restrictive covenants
under this chapter. 

SECTION 2.  Effective date:  September 1, 1997.

SECTION 3.  Emergency clause.