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A BILL TO BE ENTITLED
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AN ACT
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relating to certain fees for future transfer of real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (c), Section 5.017, Property Code, is |
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amended to read as follows: |
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(c) This section does not apply to a deed restriction or |
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other covenant running with the land that requires a fee associated |
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with the conveyance of property [in a subdivision] that is payable: |
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(1) to: |
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(A) [(1)] a property owners' association that |
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manages or regulates the subdivision or the association's managing |
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agent if the subdivision contains more than one platted lot; |
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(B) [(2)] an entity organized under Section |
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501(c)(3), Internal Revenue Code of 1986; [or] |
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(C) [(3)] a governmental entity; or |
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(D) an entity other than a property owners' |
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association that operates a golf course and country club in or |
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adjacent to the subdivision if property owners in the subdivision |
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are required by deed restriction to obtain and maintain a |
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membership in the golf course and country club; or |
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(2) for the benefit or in consideration of a |
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conservation easement created under Chapter 183, Natural Resources |
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Code, located in a county with a population of at least 500,000 and |
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not more than one million. |
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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. |