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 * * * * *