SLC C.S.S.B. 94 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
C.S.S.B. 94
By: Patterson, Jerry (Uher)
5-4-97
Committee Report (Substituted)


BACKGROUND 

Currently, a small subdivision in Brazoria County called Demi John Island
is attempting to change deed restrictions for the subdivision.  The
property owners association may not extend or renew deed restrictions
without 100 percent of the property owners approval.  Because of the
length of time the subdivision has existed, several landowners have moved
or cannot be located, thereby preventing the deed restriction changes.
This bill allows for changes to be made which are consistent with counties
of similar populations. 

PURPOSE

As proposed, CSSB 94 provides additional regulations for subdivisions
including the creation, extension, or modification of deed restrictions
applicable to certain residential real estate subdivisions. 

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 Section 201.001(a), Property Code, to provide that this
chapter applies to a residential real estate subdivision that is located
in whole or in part within a city that has population of more than
100,000,  or within the ETJ of such a city, or in the unincorporated area
of a county having a population of 190,000 or more that is adjacent to a
county having a population of 2,400,000 or more.  Makes nonsubstantive
changes. 

SECTION 2. Amends Section 201.001(c), Property Code, to provide that a
subdivision is excluded under this subsection regardless of whether a
provision in the restrictions requires the consent of the developer of the
subdivision or an architectural control committee for an addition to or
modification of the restrictions. 

SECTION 3. Amends Chapter 201, Property Code, by adding Section 201.0051,
as follows: 

Sec. 201.0051.  SPECIAL PETITION APPROVAL REQUIRED FOR CERTAIN
RESTRICTIONS.  Provides that a right created or an obligation imposed by
an existing restriction that relates to the developer of the subdivision
or an architectural control committee established by the instrument
creating the restriction cannot be altered unless the person who has the
right or obligation signs and acknowledges the petition. 

SECTION 4. Emergency clause.
          Effective date: upon passage.



COMPARISON OF ORIGINAL TO SUBSTITUTE

CSSB 94 states that Sec. 201.001, Property Code, applies to a residential
real estate subdivision that  is located in whole or in part, within a
city that has a population of more than 100,000.  The original legislation
had the population bracket set at 1,600,000 or more.