By Hilbert                                            H.B. No. 1472
         76R3188 PAM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the modification of restrictive covenants applicable to
 1-3     certain real property.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Title 11, Property Code, is amended by adding
 1-6     Chapter 207 to read as follows:
 1-7          CHAPTER 207.  RESTRICTIVE COVENANTS APPLICABLE TO CERTAIN
 1-8                           NONRESIDENTIAL PROPERTY
 1-9           Sec. 207.001.  APPLICATION.  This chapter applies only to
1-10     real property designated by a restrictive covenant for
1-11     nonresidential use that is located in whole or in part in a county
1-12     with a population of 2.8 million or more.
1-13           Sec. 207.002.  DEFINITIONS.  In this chapter:
1-14                 (1)  "Owner" means an individual, fiduciary,
1-15     partnership, joint venture, corporation, association, or other
1-16     entity that owns record title to real property or the personal
1-17     representative of an individual who owns record title to real
1-18     property.
1-19                 (2)  "Restrictive covenant" includes a deed
1-20     restriction.
1-21                 (3)  "Grantor" includes the grantor's successors or
1-22     assigns.
1-23           Sec. 207.003.  MODIFICATION OF RESTRICTIONS.  (a)  The owners
1-24     of real property subject to this chapter must comply with the
 2-1     petition procedures prescribed by Chapter 201 to modify restrictive
 2-2     covenants applicable to the property.  Those procedures apply to a
 2-3     petition and modification of restrictive covenants under this
 2-4     chapter to the extent they can be made applicable.
 2-5           (b)  The modification of a restrictive covenant under this
 2-6     chapter is invalid if:
 2-7                 (1)  the modification alters a right reserved to the
 2-8     grantor in a deed imposing restrictions on the property; or
 2-9                 (2)  the grantor does not consent to the modification
2-10     in writing.
2-11           SECTION 2.  This Act takes effect September 1, 1999.
2-12           SECTION 3.  The importance of this legislation and the
2-13     crowded condition of the calendars in both houses create an
2-14     emergency and an imperative public necessity that the
2-15     constitutional rule requiring bills to be read on three several
2-16     days in each house be suspended, and this rule is hereby suspended.