1-1     By:  Lindsay                                           S.B. No. 154
 1-2           (In the Senate - Filed January 13, 1999; January 28, 1999,
 1-3     read first time and referred to Committee on State Affairs;
 1-4     April 19, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 19, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 154                By:  Wentworth
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the modification of restrictive covenants applicable to
1-11     certain real property.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Title 11, Property Code, is amended by adding
1-14     Chapter 207 to read as follows:
1-15          CHAPTER 207.  RESTRICTIVE COVENANTS APPLICABLE TO CERTAIN
1-16                           NONRESIDENTIAL PROPERTY
1-17           Sec. 207.001.  APPLICATION.  This chapter applies only to
1-18     real property designated by a restrictive covenant for
1-19     nonresidential use that is located in whole or in part in a county
1-20     with a population of 2.8 million or more.
1-21           Sec. 207.002.  DEFINITIONS.  In this chapter:
1-22                 (1)  "Owner" means an individual, fiduciary,
1-23     partnership, joint venture, corporation, association, or other
1-24     entity that owns record title to real property or the personal
1-25     representative of an individual who owns record title to real
1-26     property.
1-27                 (2)  "Restrictive covenant" includes a deed
1-28     restriction.
1-29                 (3)  "Grantor" means a grantor in a deed creating a
1-30     restrictive covenant and includes the grantor's successors or
1-31     assigns.
1-32           Sec. 207.003.  MODIFICATION OF RESTRICTIONS.  (a)  The owners
1-33     of real property subject to this chapter must comply with the
1-34     petition procedures prescribed by Chapter 201 to modify restrictive
1-35     covenants applicable to the property.  Those procedures apply to a
1-36     petition and modification of restrictive covenants under this
1-37     chapter to the extent they can be made applicable.
1-38           (b)  The modification of a restrictive covenant under this
1-39     chapter is invalid if:
1-40                 (1)  the grantor does not consent to the modification
1-41     in writing;
1-42                 (2)  the modification does not conform to applicable
1-43     development guidelines or building codes adopted by the
1-44     municipality or county in which the property is located; or
1-45                 (3)  the beneficiary of the restrictive covenant does
1-46     not consent to the modification in writing if the state is the
1-47     beneficiary.
1-48           SECTION 2.  This Act takes effect September 1, 1999.
1-49           SECTION 3.  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                                  * * * * *