78R4386 ATP-D

By:  Farrar                                                       H.B. No. 1902



A BILL TO BE ENTITLED

AN ACT

relating to a suit filed by a municipality to enforce residential 
land use restrictions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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)  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)  In a suit filed under this section alleging that any of 
the following activities violates a restriction limiting property 
to residential use, it is not a defense that the activity is 
incidental to the residential use of the property:
		(1)  storing a tow truck, crane, moving van or truck, 
dump truck, cement mixer, earth-moving device, or trailer longer 
than 20 feet; or
		(2)  offering for sale more than two motor vehicles in a 
12-month period.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to a suit filed on or after that date.  A suit filed 
before the effective date of this Act is governed by the law in 
effect immediately before the effective date of this Act, and the 
former law is continued in effect for that purpose.