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.