79R1150 PAM-F

By:  Lindsay, Hinojosa                                            S.B. No. 534



A BILL TO BE ENTITLED

AN ACT

relating to the authority of county attorneys in certain counties 
to enforce certain provisions relating to real property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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 2.  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.
	(b)  The county attorney may not enforce a restriction 
relating to race or any other restriction that violates the state or 
federal constitution.
	SECTION 3.  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.
	SECTION 4.  This Act takes effect September 1, 2005.