By:  Patterson                                 S.B. No. 94

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the creation, extension, renewal, or modification of

 1-2     deed restrictions applicable to certain residential real estate

 1-3     subdivisions.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subsection (a), Section 201.001, Property Code,

 1-6     is amended to read as follows:

 1-7           (a)  This chapter applies to a residential real estate

 1-8     subdivision that is located in whole or in part:

 1-9                 (1)  within a city that has a population of more than

1-10     1,600,000, or within the extraterritorial jurisdiction of such a

1-11     city; or

1-12                 (2)  in the unincorporated area of:

1-13                       (A)  a county having a population of 2,400,000 or

1-14     more; or

1-15                       (B)  a county having a population of 190,000 or

1-16     more that is adjacent to a county having a population of 2,400,000

1-17     or more.

1-18           SECTION 2.  Subsection (c), Section 201.001, Property Code,

1-19     is amended to read as follows:

1-20           (c)  The provisions of this chapter relating to addition to

1-21     or modification of existing restrictions do not apply to a

1-22     subdivision if, by the express terms of the instrument creating the

1-23     restrictions, the restrictions affecting the real property within

 2-1     the subdivision provide for addition to or modification of the

 2-2     restrictions by written and filed agreement of a specified

 2-3     percentage of less than 75 percent of the owners of real property

 2-4     interests in the subdivision, as set forth in the instrument

 2-5     creating the restrictions.  A subdivision is excluded under this

 2-6     subsection regardless of whether a provision in the restrictions

 2-7     requires the consent of the developer of the subdivision or an

 2-8     architectural control committee for an addition to or modification

 2-9     of the restrictions.

2-10           SECTION 3.  Chapter 201, Property Code, is amended by adding

2-11     Section 201.0051 to read as follows:

2-12           Sec. 201.0051.  SPECIAL PETITION APPROVAL REQUIRED FOR

2-13     CERTAIN RESTRICTIONS.  A right created or an obligation imposed by

2-14     an existing restriction that relates to the developer of the

2-15     subdivision or an architectural control committee established by

2-16     the instrument creating the restriction cannot be altered unless

2-17     the person who has the right or obligation signs and acknowledges

2-18     the petition.

2-19           SECTION 4.  The importance of this legislation and the

2-20     crowded condition of the calendars in both houses create an

2-21     emergency and an imperative public necessity that the

2-22     constitutional rule requiring bills to be read on three several

2-23     days in each house be suspended, and this rule is hereby suspended,

2-24     and that this Act take effect and be in force from and after its

2-25     passage, and it is so enacted.