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Amend Amendment No. 13 by P. King to CSSB 142 as follows:
(1) Strike SECTION 22 of the amendment (page 35, line 31 through page 36, line 7) and substitute the following:
SECTION 22. Section 211.002, Property Code, is amended by amending Subsection (a) and adding Subsections (b-1) and (d) to read as follows:
(a) This chapter applies only to a residential real estate subdivision or any unit or parcel of a subdivision:
(1) all or part of which is located [in whole or in part] within an unincorporated area of a county if the county has a population of less than 65,000; or
(2) all of which is located within the extraterritorial jurisdiction of a municipality located in a county that has a population of at least 65,000 and less than 135,000.
(b-1) In addition to restrictions and units or parcels of a subdivision that are subject to this chapter under Subsection (b), this chapter applies to restrictions that affect real property within a residential real estate subdivision or any units or parcels of the subdivision and that, by the express terms of the instrument creating the restrictions, provide that amendments to the restrictions are not operative or effective until a specified date or the expiration of a specified period. An amendment under this chapter of a restriction described by this subsection is effective as provided by this chapter, regardless of whether the date specified in the restrictions has occurred or the period prescribed by the restrictions has expired. This subsection expires September 1, 2015.
(d) An amendment of a restriction under this chapter is effective on the filing of an instrument reflecting the amendment in the real property records of each county in which all or part of the subdivision is located after the approval of the owners in accordance with the amendment procedure adopted under Section 211.004.
(2) Add the following appropriately numbered SECTION to the amendment and renumber subsequent SECTIONS of the amendment accordingly:
SECTION ____. Section 211.001(4), Property Code, is amended to read as follows:
(4) "Residential real estate subdivision" or "subdivision" means all land encompassed within one or more maps or plats of land that is divided into two or more parts if:
(A) the maps or plats cover land all or part of which [that] is not located within a municipality and:
(i) for a county with a population of less than 65,000, is not located [or] within the extraterritorial jurisdiction of a municipality; or
(ii) for a county with a population of at least 65,000 and less than 135,000, is located wholly within the extraterritorial jurisdiction of a municipality;
(B) the land encompassed within the maps or plats is or was burdened by restrictions limiting all or at least a majority of the land area covered by the map or plat, excluding streets and public areas, to residential use only; and
(C) all instruments creating the restrictions are recorded in the deed or real property records of a county.