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A BILL TO BE ENTITLED
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AN ACT
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relating to the amendment of restrictions affecting real property |
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in certain subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 211.001(4), Property Code, is amended to |
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read as follows: |
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(4) "Residential real estate subdivision" or |
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"subdivision" means all land encompassed within one or more maps or |
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plats of land that is divided into two or more parts if: |
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(A) the maps or plats cover land all or part of |
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which [that] is not located within a municipality and: |
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(i) for a county with a population of less |
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than 65,000, is not located [or] within the extraterritorial |
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jurisdiction of a municipality; or |
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(ii) for a county with a population of at |
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least 65,000 and less than 135,000, is located wholly within the |
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extraterritorial jurisdiction of a municipality; |
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(B) the land encompassed within the maps or plats |
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is or was burdened by restrictions limiting all or at least a |
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majority of the land area covered by the map or plat, excluding |
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streets and public areas, to residential use only; and |
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(C) all instruments creating the restrictions |
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are recorded in the deed or real property records of a county. |
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SECTION 2. Section 211.002, Property Code, is amended by |
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amending Subsection (a) and adding Subsections (b-1) and (d) to |
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read as follows: |
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(a) This chapter applies only to a residential real estate |
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subdivision or any unit or parcel of a subdivision: |
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(1) all or part of which is located [in whole or in
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part] within an unincorporated area of a county if the county has a |
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population of less than 65,000; or |
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(2) all of which is located within the |
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extraterritorial jurisdiction of a municipality located in a county |
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that has a population of at least 65,000 and less than 135,000. |
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(b-1) In addition to restrictions and units or parcels of a |
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subdivision that are subject to this chapter under Subsection (b), |
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this chapter applies to restrictions that affect real property |
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within a residential real estate subdivision or any units or |
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parcels of the subdivision and that, by the express terms of the |
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instrument creating the restrictions, provide that amendments to |
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the restrictions are not operative or effective until a specified |
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date or the expiration of a specified period. An amendment under |
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this chapter of a restriction described by this subsection is |
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effective as provided by this chapter, regardless of whether the |
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date specified in the restrictions has occurred or the period |
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prescribed by the restrictions has expired. This subsection |
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expires September 1, 2015. |
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(d) An amendment of a restriction under this chapter is |
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effective on the filing of an instrument reflecting the amendment |
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in the real property records of each county in which all or part of |
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the subdivision is located after the approval of the owners in |
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accordance with the amendment procedure adopted under Section |
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211.004. |
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SECTION 3. 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. |
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