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.