By:  Lindsay                                           S.B. No. 154
                                A BILL TO BE ENTITLED
                                       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.