75R12692 PAM-D
By Patterson S.B. No. 94
Substitute the following for S.B. No. 94:
By Bosse C.S.S.B. No. 94
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, extension, renewal, or modification of
1-3 deed restrictions applicable to certain residential real estate
1-4 subdivisions.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsection (a), Section 201.001, Property Code,
1-7 is amended to read as follows:
1-8 (a) This chapter applies to a residential real estate
1-9 subdivision that is located in whole or in part:
1-10 (1) within a city that has a population of more than
1-11 100,000 [1,600,000], or within the extraterritorial jurisdiction of
1-12 such a city; or
1-13 (2) in the unincorporated area of:
1-14 (A) a county having a population of 2,400,000 or
1-15 more; or
1-16 (B) a county having a population of 190,000 or
1-17 more that is adjacent to a county having a population of 2,400,000
1-18 or more.
1-19 SECTION 2. Subsection (c), Section 201.001, Property Code,
1-20 is amended to read as follows:
1-21 (c) The provisions of this chapter relating to addition to
1-22 or modification of existing restrictions do not apply to a
1-23 subdivision if, by the express terms of the instrument creating the
1-24 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.