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Amend HB 1129 by inserting the following appropriately
numbered SECTIONS and renumbering SECTIONS of the bill
appropriately:
SECTION _____. Section 212.133, Local Government Code, as
redesignated by Chapter 1420, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
Sec. 212.133. SUIT TO ENFORCE RESTRICTIONS. (a) Except as
provided by Subsection (b), the [The] municipality may sue in any
court of competent jurisdiction to enjoin or abate a violation of a
restriction contained or incorporated by reference in a properly
recorded plan, plat, or other instrument that affects a subdivision
located inside the boundaries of the municipality.
(b) The municipality may not initiate or maintain a suit to
enjoin or abate a violation of a restriction if a property owners'
association with the authority to enforce the restriction files
suit to enforce the restriction.
(c) In a suit by a property owners' association to enforce a
restriction, the association may not submit into evidence or
otherwise use the work product of the municipality's legal counsel.
SECTION _____. Section 212.133, Local Government Code, as
redesignated by Chapter 1420, Acts of the 77th Legislature, Regular
Session, 2001, and amended by this Act, applies only to a suit filed
on or after the effective date of this Act. A suit filed before the
effective date of this Act is governed by the law in effect
immediately before that date, and that law is continued in effect
for that purpose.