AN ACT 1-1 relating to the modification of restrictive covenants applicable to 1-2 certain real property. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Title 11, Property Code, is amended by adding 1-5 Chapter 207 to read as follows: 1-6 CHAPTER 207. RESTRICTIVE COVENANTS APPLICABLE TO CERTAIN 1-7 NONRESIDENTIAL PROPERTY 1-8 Sec. 207.001. APPLICATION. This chapter applies only to 1-9 real property (1) designated by a restrictive covenant for 1-10 nonresidential use that is located in a county with a population of 1-11 2.8 million or more, and (2) within 2.5 miles of any boundary of a 1-12 privately owned airport with a control tower operated by the 1-13 Federal Aviation Administration. 1-14 Sec. 207.002. DEFINITIONS. In this chapter: 1-15 (1) "Owner" means an individual, fiduciary, 1-16 partnership, joint venture, corporation, association, or other 1-17 entity that owns record title to real property or the personal 1-18 representative of an individual who owns record title to real 1-19 property. 1-20 (2) "Restrictive covenant" includes a deed 1-21 restriction. 1-22 (3) "Grantor" means a grantor in a deed creating a 1-23 restrictive covenant and includes the grantor's successors or 1-24 assigns. 2-1 Sec. 207.003. MODIFICATION OF RESTRICTIONS. (a) The owners 2-2 of real property subject to this chapter must comply with the 2-3 petition procedures prescribed by Chapter 201 to modify restrictive 2-4 covenants applicable to the property. Those procedures apply to a 2-5 petition and modification of restrictive covenants under this 2-6 chapter to the extent they can be made applicable. 2-7 (b) The modification of a restrictive covenant under this 2-8 chapter is invalid if: 2-9 (1) the grantor does not consent to the modification 2-10 in writing; 2-11 (2) the modification does not conform to applicable 2-12 development guidelines or building codes adopted by the 2-13 municipality or county in which the property is located; or 2-14 (3) the beneficiary of the restrictive covenant does 2-15 not consent to the modification in writing if the state is the 2-16 beneficiary. 2-17 Sec. 207.004. EXPIRATION. This chapter expires May 1, 2001. 2-18 SECTION 2. This Act takes effect September 1, 1999. 2-19 SECTION 3. 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. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 154 passed the Senate on May 3, 1999, by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 154 passed the House on May 26, 1999, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor