By Farrar                                             H.B. No. 1141
         77R736 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the petition procedure to modify or add to restrictive
 1-3     covenants in certain residential real estate subdivisions.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 201.006(b), Property Code, is amended to
 1-6     read as follows:
 1-7           (b)  The petition may be filed not later than one year after
 1-8     the date on which the notice required by Section 201.005(a) is
 1-9     filed. The petition must be signed and acknowledged by owners who
1-10     own, in the aggregate:
1-11                 (1)  a majority of the total number of lots in the
1-12     subdivision, in order to extend, renew, or create restrictions;
1-13                 (2)  a majority of the total number of separately owned
1-14     parcels, tracts, or building sites in the subdivision, whether or
1-15     not the parcels, tracts, or building sites contain part or all of
1-16     one or more platted lots or combinations of lots, in order to
1-17     extend, renew, or create restrictions;
1-18                 (3)  a majority of the square footage within all of the
1-19     lots in the subdivision, excluding any area dedicated or used
1-20     exclusively for roadways or public purposes or by utilities, in
1-21     order to extend, renew, or create restrictions;
1-22                 (4)  at least 65 [75] percent of the total number of
1-23     lots in the subdivision, in order to modify or add to existing
1-24     restrictions;
 2-1                 (5)  at least 65 [75] percent of the total number of
 2-2     separately owned parcels, tracts, or building sites in the
 2-3     subdivision, whether or not the parcels, tracts, or building sites
 2-4     contain part or all of one or more platted lots or combination of
 2-5     lots, in order to modify or add to existing restrictions; or
 2-6                 (6)  at least 65 [75] percent of the square footage
 2-7     within all of the lots in the subdivision, excluding any area
 2-8     dedicated or used exclusively for roadways or public purposes or by
 2-9     utilities, in order to modify or add to existing restrictions.
2-10           SECTION 2.  (a)  This Act takes effect September 1, 2001.
2-11           (b)  The change in law made by this Act applies only to a
2-12     petition to modify or add to restrictive covenants under Chapter
2-13     201, Property Code, that is filed on or after the effective date of
2-14     this Act.
2-15           (c)  A petition to modify or add to restrictive covenants
2-16     under Chapter 201, Property Code, that is filed before the
2-17     effective date of this Act is covered by the law in effect when the
2-18     petition was filed, and the former law is continued in effect for
2-19     that purpose.