By:  Solomons                                                     H.B. No. 2200



A BILL TO BE ENTITLED

AN ACT

relating to restrictions on apartment owners in a condominium 
regime relating to club membership.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 81, Property Code, is 
amended by adding Section 81.112 to read as follows:
	Sec. 81.112.  RESTRICTION RELATING TO CLUB MEMBERSHIP.  (a)  
A provision of a declaration, master deed, master lease, or other 
recorded contract that requires owners of apartments in a 
condominium regime to maintain a membership in a specified private 
club is not valid after the 10th anniversary of the date the 
provision is recorded or renewed unless renewed after the ninth 
anniversary of that date at a meeting of the apartment owners at 
which the renewal is approved by the holders of at least 67 percent 
of the ownership interests in the condominium and the text of the 
renewed provision is recorded in the real property records of each 
county in which the condominium is located.
	(b)  A provision described by this section may not be enacted 
or renewed as a bylaw by a council of owners.
	SECTION 2.  Subchapter B, Chapter 82, Property Code, is 
amended by adding Section 82.0675 to read as follows:
	Sec. 82.0675.  RESTRICTION RELATING TO CLUB MEMBERSHIP.  (a)  
A provision of a declaration or recorded contract that requires 
owners of units in a condominium to maintain a membership in a 
specified private club is not valid after the 10th anniversary of 
the date the provision is recorded or renewed unless renewed after 
the ninth anniversary of that date in the manner provided by the 
declaration or recorded contract for amending the declaration or 
recorded contract and the text of the renewed provision is filed in 
the real property records of each county in which the condominium is 
located.
	(b)  A provision described by this section may not be enacted 
or renewed as a bylaw by the unit owners' association.
	SECTION 3.  The change in law made by this Act applies only 
to a declaration, master deed, master lease, contract, or bylaw 
relating to club membership that is recorded, enacted, or renewed 
on or after the effective date of this Act.  A provision of a 
declaration, master deed, master lease, contract, or bylaw relating 
to club membership that was recorded, enacted, or renewed before 
the effective date of this Act is continued in effect unless 
canceled after the ninth anniversary of the date the provision was 
recorded, enacted, or renewed at a meeting of the apartment owners 
at which the provision is disapproved by the holders of at least 67 
percent of the ownership interests in the condominium.
	SECTION 4.  This Act takes effect September 1, 2003.