By:  Lindsay, Hinojosa                                            S.B. No. 534
	(In the Senate - Filed February 16, 2005; February 28, 2005, 
read first time and referred to Committee on Jurisprudence; 
April 29, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 4, Nays 0; April 29, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 534                                    By:  Wentworth


A BILL TO BE ENTITLED

AN ACT


relating to the authority of local public officials 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 CERTAIN LOCAL PUBLIC 
OFFICIALS [COUNTY ATTORNEY AUTHORIZED TO ENFORCE RESTRICTIONS].  
(a)  The county  attorney or the district or county official 
authorized to initiate civil enforcement actions in the county may:
		(1)  sue in a court of competent jurisdiction to enjoin 
or abate a violation of this title by a property owners' association 
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 that 
violates this title a reasonable penalty as determined by the 
court.
	(b)  The county attorney or the district or county official 
authorized to initiate civil enforcement actions in the county 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.                           



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