| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the amendment of restrictions affecting real property |
|
|
in certain subdivisions. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. 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. |
|
|
SECTION 2. Section 211.002, Property Code, is amended by |
|
|
amending Subsections (a) and (b) and adding Subsections (d) and (e) |
|
|
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) This chapter applies only 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: |
|
|
(1) are not subject to a procedure by which the |
|
|
restrictions may be amended; [or] |
|
|
(2) may not be amended without the unanimous consent |
|
|
of: |
|
|
(A) all property owners in the subdivision; or |
|
|
(B) all property owners in any unit or parcel of |
|
|
the subdivision; or |
|
|
(3) provide that amendments to the restrictions are |
|
|
not operative or effective until a specified date or the expiration |
|
|
of a specified period. |
|
|
(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. |
|
|
(e) An amendment under this chapter of a restriction |
|
|
described by Subsection (b)(3) 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. |
|
|
SECTION 3. 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, 2011. |