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. 1-56 * * * * *