Amend HB 1454 by inserting the following appropriately
numbered SECTIONS:
SECTION ____. The heading to Chapter 203, Property Code, is
amended to read as follows:
CHAPTER 203. ENFORCEMENT OF PROVISIONS RELATING
TO LAND USE RESTRICTIONS OR PROPERTY OWNERS'
ASSOCIATIONS IN CERTAIN COUNTIES
SECTION ____. Section 203.003, Property Code, is amended to
read as follows:
Sec. 203.003. ENFORCEMENT AUTHORITY OF COUNTY ATTORNEY
[AUTHORIZED TO ENFORCE RESTRICTIONS]. (a) The county attorney
may:
(1) sue in a court of competent jurisdiction to enjoin
or abate a violation of this title by a property owners' association
or an owner or a violation [violations] of a restriction contained
or incorporated by reference in a properly recorded plan, plat,
replat, or other instrument affecting a real property subdivision
located in the county, regardless of the date on which the
instrument was recorded; and
(2) recover from a property owners' association or an
owner that violates this title a reasonable penalty as determined
by the court not to exceed $500 for each violation.
(b) The county attorney may not enforce a restriction
relating to race or any other restriction that violates the state or
federal constitution.
SECTION ____. Section 203.003, Property Code, as amended by
this Act, applies only to a violation of Title 11, Property Code,
that occurs on or after the effective date of this Act. A violation
that occurs 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.