1-1           By:  Patterson                                    S.B. No. 94

 1-2           (In the Senate - Filed November 13, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Jurisprudence;

 1-4     February 12, 1997, reported favorably by the following vote:  Yeas

 1-5     7, Nays 0; February 12, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the creation, extension, renewal, or modification of

 1-9     deed restrictions applicable to certain residential real estate

1-10     subdivisions.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Subsection (a), Section 201.001, Property Code,

1-13     is amended to read as follows:

1-14           (a)  This chapter applies to a residential real estate

1-15     subdivision that is located in whole or in part:

1-16                 (1)  within a city that has a population of more than

1-17     1,600,000, or within the extraterritorial jurisdiction of such a

1-18     city; or

1-19                 (2)  in the unincorporated area of:

1-20                       (A)  a county having a population of 2,400,000 or

1-21     more; or

1-22                       (B)  a county having a population of 190,000 or

1-23     more that is adjacent to a county having a population of 2,400,000

1-24     or more.

1-25           SECTION 2.  Subsection (c), Section 201.001, Property Code,

1-26     is amended to read as follows:

1-27           (c)  The provisions of this chapter relating to addition to

1-28     or modification of existing restrictions do not apply to a

1-29     subdivision if, by the express terms of the instrument creating the

1-30     restrictions, the restrictions affecting the real property within

1-31     the subdivision provide for addition to or modification of the

1-32     restrictions by written and filed agreement of a specified

1-33     percentage of less than 75 percent of the owners of real property

1-34     interests in the subdivision, as set forth in the instrument

1-35     creating the restrictions.  A subdivision is excluded under this

1-36     subsection regardless of whether a provision in the restrictions

1-37     requires the consent of the developer of the subdivision or an

1-38     architectural control committee for an addition to or modification

1-39     of the restrictions.

1-40           SECTION 3.  Chapter 201, Property Code, is amended by adding

1-41     Section 201.0051 to read as follows:

1-42           Sec. 201.0051.  SPECIAL PETITION APPROVAL REQUIRED FOR

1-43     CERTAIN RESTRICTIONS.  A right created or an obligation imposed by

1-44     an existing restriction that relates to the developer of the

1-45     subdivision or an architectural control committee established by

1-46     the instrument creating the restriction cannot be altered unless

1-47     the person who has the right or obligation signs and acknowledges

1-48     the petition.

1-49           SECTION 4.  The importance of this legislation and the

1-50     crowded condition of the calendars in both houses create an

1-51     emergency and an imperative public necessity that the

1-52     constitutional rule requiring bills to be read on three several

1-53     days in each house be suspended, and this rule is hereby suspended,

1-54     and that this Act take effect and be in force from and after its

1-55     passage, and it is so enacted.

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