SLC S.B. 1696 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
S.B. 1696
By: Ellis (Olivo)
5-2-97
Committee Report (Unamended)


BACKGROUND 

Currently, deed restrictions are dealt with in a disparate manner
depending on the population of the county involved.  For counties with
populations of more than two million people, the law allows the county
attorney to sue in a court of competent jurisdiction to enjoin violations
of a restriction contained or incorporated by reference in a properly
recorded plan, plat or replat, or other instrument affecting a real
property subdivision located in the county, regardless of the date on
which the instrument was recorded.  The county attorney may not enforce a
restriction relating to race or any other restriction that violates the
state or federal constitution.  This legislation would allow counties with
smaller populations the same latitude to enforce deed restrictions by
lowering the limit from more than two million people to more than 200,000
people.   

PURPOSE

As proposed, S.B. 1696 provides for the enforcement of land use
restrictions in certain counties. 

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 the heading to Chapter 203, Property Code, as follows:

CHAPTER 203.  New heading:  ENFORCEMENT OF LAND USE RESTRICTIONS IN
CERTAIN COUNTIES 

SECTION 2. Amends Section 203.001, Property Code, to provide that this
chapter applies only to a county with a population of more than 200,000,
rather than two million.   

SECTION 3. Emergency clause.
  Effective date:  upon passage.