Amend SB 472 (house committee printing) by adding the following appropriately numbered SECTION and renumbering SECTIONS of the bill accordingly:
SECTION ____. Chapter 209, Property Code, is amended by adding Section 209.0041 to read as follows:
Sec. 209.0041. ADOPTION OR AMENDMENT OF CERTAIN DEDICATORY INSTRUMENTS. (a) In this section, "development period" means a period stated in a declaration during which a declarant reserves:
(1) a right to facilitate the development, construction, and marketing of the subdivision; and
(2) a right to direct the size, shape, and composition of the subdivision.
(b) This section applies to a residential subdivision in which property owners are subject to mandatory membership in a property owners' association.
(c) This section does not apply to a property owners' association that is subject to Chapter 552, Government Code, by application of Section 552.0036, Government Code.
(d) This section does not apply to the amendment of a declaration during a development period.
(e) This section applies to a dedicatory instrument regardless of the date on which the dedicatory instrument was created.
(f) This section supersedes any contrary requirement in a dedicatory instrument.
(g) To the extent of any conflict with another provision of this title, this section prevails.
(h) Except as provided by this subsection, a declaration may be amended only by a vote of 67 percent of the total votes allocated to property owners in the property owners' association, in addition to any governmental approval required by law. If the declaration contains a lower percentage, the percentage in the declaration controls.
(i) A bylaw may not be amended to conflict with the declaration.