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
1-10 100,000 [1,600,000], or within the extraterritorial jurisdiction of
1-11 such a 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. Section 205.001, Property Code, is amended to
2-20 read as follows:
2-21 Sec. 205.001. DEFINITIONS. In this chapter:
2-22 (1) "Restrictions"[, "restrictions"] and "subdivision"
2-23 have the meanings assigned by Section 201.003.
2-24 (2) "Property owners' association" has the meaning
2-25 assigned by Section 202.001.
3-1 SECTION 5. Chapter 205, Property Code, is amended by adding
3-2 Section 205.004 to read as follows:
3-3 Sec. 205.004. AMENDMENT OF RESTRICTIONS BY GOVERNING BODY OF
3-4 PROPERTY OWNERS' ASSOCIATION. (a) The governing body of a
3-5 property owners' association may amend the restrictions for the
3-6 limited purpose of complying with United States Department of
3-7 Housing and Urban Development or United States Department of
3-8 Veterans Affairs requirements for subdivision property to qualify
3-9 for insured or guaranteed mortgage loans.
3-10 (b) An amendment adopted under this section must:
3-11 (1) indicate that the amendment is adopted under
3-12 authority of this section by specifically referencing this section;
3-13 (2) be signed by a majority of the governing body; and
3-14 (3) be filed in the real property records of the
3-15 county in which the subdivision is located.
3-16 SECTION 6. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended,
3-21 and that this Act take effect and be in force from and after its
3-22 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 94 passed the Senate on
March 11, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 15, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 94 passed the House, with
amendments, on May 13, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor