78R2593 QS-D


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, or master lease 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 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 for amending the 
declaration 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, or bylaw relating to 
club membership that is recorded, enacted, or renewed on or after 
the effective date of this Act.  A declaration, master deed, master 
lease, or bylaw that was recorded, enacted, or renewed before the 
effective date of this Act is governed by the law in effect at the 
time it was recorded, enacted, or renewed, and the former law is 
continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2003.