By Turner of Coleman H.B. No. 3517
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to: a means to amend building restrictions in residential
1-3 unincorporated subdivisions in counties with the population less
1-4 than 65,000.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Adds Section 208, Property Code, to read as
1-7 follows:
1-8 CHAPTER 208 AMEND BUILDING RESTRICTIONS IN RESIDENTIAL
1-9 UNINCORPORATED SUBDIVISIONS IN COUNTIES WITH LESS THAN
1-10 65,000.
1-11 SUBCHAPTER A. GENERAL PROVISIONS
1-12 Sec. 208.001. DEFINITIONS. In this chapter:
1-13 (1) Restrictions means one or more restrictive
1-14 covenants contained or incorporated by reference in a properly
1-15 recorded map, plat, replat, declaration, or other instrument filed
1-16 in the county real property records, map records, or deed records.
1-17 (2) "Owner" means an individual, fiduciary,
1-18 partnership, joint venture, corporation, association, or other
1-19 entity that owns record title to real property in a subdivision, or
1-20 the personal representative of an individual who owns record title
1-21 to subdivision property.
1-22 (3) "Real property records" means the applicable
1-23 records of a county clerk in which conveyances of real property are
2-1 recorded.
2-2 institution, or other entity that holds a vendor's or deed of trust
2-3 lien secured by land within the subdivision.
2-4 (5) "Residential real estate subdivisions" or
2-5 "subdivision" means all the land encompassed within one or more
2-6 maps or plats of land that is divided into two or more parts if the
2-7 maps or plats cover land not within a city, town, or village or
2-8 within the extraterritorial jurisdiction of a city, town, or
2-9 village, and the land encompassed within the maps or plats is or
2-10 was burdened by restrictions limiting all or at least a majority of
2-11 the land area covered by the map or plat, excluding streets and
2-12 public area, to residential us only, if the instrument or
2-13 instruments creating the restrictions are recorded in the deed or
2-14 real property records of a county.
2-15 (6) "Property Owners' Association" means an
2-16 incorporated or unincorporated association owned by or whose member
2-17 consist primarily of the owners of property covered by a dedicatory
2-18 instrument and through which the owners, or the board of directors
2-19 or similar governing body, manage or regulate the residential
2-20 subdivision or similar planned development.
2-21 (7) "Dedicatory Instrument" means each governing
2-22 instrument covering the establishment, maintenance, and operation
2-23 of a residential subdivision or any similar planned development;
2-24 and includes a declaration or similar instrument subjecting the
2-25 real property to restrictive covenants, bylaws or similar
2-26 instruments governing the administration or operation of a property
3-1 owners' association, to properly adopted rules and regulations of
3-2 the property owners' association, or to all lawful amendments to
3-3 the covenants, bylaws, instruments, rules, or regulations.
3-4 Sec. 207.002. APPLICATION. (a) This chapter applies to a
3-5 residential real estate subdivision and any of its units or parcels
3-6 that is located in whole or in part within an unincorporated area
3-7 of a county that has a population of less than 65,000.
3-8 (b) The provisions of this chapter relating to the extension
3-9 of the term, renewal, creation, or the change of restrictions apply
3-10 only to a subdivision which, by the express terms of the instrument
3-11 creating existing restrictions, some or all of the restrictions
3-12 affecting the real property within the subdivision or any of its
3-13 units or parcels provide:
3-14 (1) For no means, manner, or method for amending,
3-15 changing or modifying the restrictions; or
3-16 (2) For the unanimous consent of all the property
3-17 owners in such subdivisions or the unanimous consent of all the
3-18 property owners in any of its units or parcels of the amending,
3-19 changing, or modifying the restrictions; or
3-20 (3) For the consent of the developer of the
3-21 subdivision or the consent of an architectural control committee
3-22 for any amendment, change, or modification.
3-23 (c) This chapter applies to all restrictive covenants
3-24 regardless of the date on which they were created.
3-25 Sec. 207.003. FINDINGS AND PURPOSE. This chapter applies to
3-26 all restrictive covenants regardless of the date on which they were
4-1 created.