By: Watson S.B. No. 1937
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting a fee for the conveyance of residential
  real property, maintaining exemptions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 5.017(b), Property Code, is amended to
  read as follows:
         (b)  A deed restriction or other covenant running with the
  land applicable to the conveyance of [residential] real property
  that requires a transfer or a transferee of residential real
  property or the transferee's heirs, successors, or assigns to pay a
  declarant or other person imposing the deed restriction or covenant
  on the property or a third party designated by a transferor of the
  property a fee in connection with any [a future] transfer of the
  property is prohibited.  A deed restriction or other covenant
  running with the land that violates this section or a lien
  purporting to encumber the land to secure a right under a deed
  restriction or other covenant running with the land that violates
  this section is void and unenforceable.  For purposes of this
  section, a conveyance of real property includes a conveyance or
  other transfer of an interest or estate in residential real
  property.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.