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A BILL TO BE ENTITLED
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AN ACT
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relating to amending the restrictions of certain subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 211 Section 211.002, Property Code, is |
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amended to read as follows: |
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Sec. 211.002. APPLICABILITY OF CHAPTER. (a) This chapter |
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applies only to a residential real estate subdivision or any unit or |
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parcel of a subdivision located in whole or in part within an |
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unincorporated area of a county if the county has a population of |
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less than 65,000. |
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(b) This chapter applies only to restrictions that affect |
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real property within a residential real estate subdivision or any |
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units or parcels of the subdivision and that, by the express terms |
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of the instrument creating the restrictions: |
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(1) are not subject to a procedure by which the |
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restrictions may be amended; or |
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(2) may not be amended without the unanimous consent |
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of: |
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(A) all property owners in the subdivision; or |
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(B) all property owners in any unity or parcel of |
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the subdivision. |
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(3) a majority or more of the owners in the subdivision |
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with all sections of the subdivision collectively having more than |
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one hundred lots or tracts, with fifty percent or more of the lots |
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being unimproved or owned by an absent owner. A lot shall be |
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considered unimproved if there is no residence constructed thereon, |
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and "absent owner" means a person or persons who do not reside in |
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the subdivision. |
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(c) This chapter applies to a restriction regardless of the |
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date on which it was created. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III. Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |