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.