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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a property owners' association to |
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regulate the use of certain lots for residential purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 202, Property Code, is amended by adding |
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Section 202.0075 to read as follows: |
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Sec. 202.0075. REGULATION OF LAND USE: RESIDENTIAL PURPOSE. |
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(a) In this section, "residential purpose" with respect to the use |
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of a lot means the location on the lot of any building, structure, |
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or other improvement customarily appurtenant to a residence, as |
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opposed to use for a business or commercial purpose. The term |
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includes the location on the lot of a garage, sidewalk, driveway, |
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parking area, children's swing or playscape, fence, septic system, |
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swimming pool, utility line, or water well and, if otherwise |
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specifically permitted by the provisions of a dedicatory |
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instrument, the parking or storage of a recreational vehicle. |
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(b) A property owners' association may not adopt or enforce |
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a provision in a dedicatory instrument that prohibits or restricts |
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the owner of a lot on which a residence is located from using for |
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residential purposes another lot owned by the property owner and |
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adjacent to the lot on which the residence is located, regardless of |
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whether a residence is located on that other lot. |
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(c) A provision in a dedicatory instrument that violates |
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this section is void. |
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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, 2011. |