By Lindsay S.B. No. 154 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.