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A BILL TO BE ENTITLED
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AN ACT
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relating to certain property owners' exemption from modification |
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of existing deed restrictions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 201.007(a), Property Code, is amended to |
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read as follows: |
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(a) A petition filed under this chapter must contain or be |
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supplemented by one or more instruments containing: |
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(1) the name of the subdivision; |
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(2) a reference to the real property records or map or |
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plat records where the instrument or instruments that contain any |
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restriction sought to be extended, added to, or modified are |
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recorded or, in the case of the creation of a restriction, a |
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reference to the place where the map or other document identifying |
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the subdivision is recorded; |
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(3) a verbatim statement of any provisions for |
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extension of the term of, or addition to, the restriction; |
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(4) if a restriction is being amended or modified, the |
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text of the proposed instrument creating the amendment or |
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modification, together with a comparison of the original |
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restriction that is affected indicating by appropriate deletion and |
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insertion the change to the restriction that is proposed to be |
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amended or modified; |
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(5) if a restriction is being created, the text of the |
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proposed instrument creating the restriction; |
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(6) original acknowledged signatures of the required |
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number of owners as provided by Section 201.006; and |
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(7) [alternate boxes, clearly identified in a
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conspicuous manner next to the place for signing the petition, that
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enable each record owner to mark the appropriate box to show the
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exercise of the owner's option of either including or excluding the
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owner's property from being burdened by the restrictions being
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extended, created, added to, or modified;
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[(8)] a statement that owners who do not sign the |
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petition must file suit under Section 201.010 before the 181st day |
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after the date on which the certificate called for by Section |
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201.008(e) is filed in order to challenge the procedures followed |
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in extending, creating, adding to, or modifying a restriction[; and
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[(9)
a statement that owners who do not sign the
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petition may delete their property from the operation of the
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extended, created, added to, or modified restriction by filing a
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statement described in the fourth listed category in Section
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201.009(b) before one year after the date on which the owner
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receives actual notice of the filing of the petition authorized by
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this chapter]. |
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SECTION 2. Section 201.009(b), Property Code, is amended to |
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read as follows: |
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(b) A restriction added, modified, created, or extended |
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under this chapter does not affect or encumber property within the |
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subdivision that is included within one of the following |
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categories: |
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(1) property exclusively dedicated for use by the |
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public or for use by utilities; |
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(2) [property of an owner who elected in the petition
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to exclude the property from the restriction;
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[(3)] property of an owner who did not sign the |
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petition and has not received actual notice of the filing of the |
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petition; |
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[(4)
property of an owner who did not sign the petition
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and who files, before one year after the date on which the owner
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received actual notice of the filing of the petition, an
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acknowledged statement describing the owner's property by
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reference to the recorded map or plat of the subdivision and stating
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that the owner elects to have the property deleted and excluded from
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the operation of the extended, modified, changed, or created
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restriction;] and |
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(3) [(5)] property owned by a minor or a person |
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judicially declared to be incompetent at the time the certificate |
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is filed, unless: |
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(A) actual notice of the filing of the petition |
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is given to a guardian of the minor or incompetent person[, and the
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guardian has not filed the statement described in the fourth listed
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category in this subsection]; |
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(B) a predecessor in title to the minor or |
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incompetent person signed a petition that was filed while the |
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property was owned by the predecessor; or |
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(C) the incompetent person signed a petition that |
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was filed before the judicial declaration of the person's |
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incompetency. |
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SECTION 3. Sections 201.010(a) and (d), Property Code, are |
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amended to read as follows: |
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(a) If an owner and the owner's predecessors in interest |
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have not [neither] signed the petition [nor filed the statement
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described in the fourth listed category in Section 201.009(b)], the |
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owner may file a suit for declaratory judgment in a court of |
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competent jurisdiction[:
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[(1)] to challenge the completeness or regularity of |
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the procedures leading to the recordation of a certificate, if the |
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suit is filed before the 181st day after the date on which the |
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certificate is filed with the county clerk[; or
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[(2)
to exclude the owner's property from the
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operation of the extended, modified, added to, or created
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restriction]. |
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(d) The remedies in this section are exclusive of all others |
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in actions brought to challenge a restriction extended, modified, |
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added to, or created under this chapter. The filing of an action |
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under [for the first listed purpose in] Subsection (a) does not |
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prevent the restriction from taking effect in accordance with its |
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terms pending a final judgment. |
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SECTION 4. Sections 201.009(c) and 201.010(c), Property |
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Code, are repealed. |
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SECTION 5. (a) The changes in law made by Sections 201.007 |
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and 201.009, Property Code, as amended by this Act, apply only to a |
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petition filed on or after the effective date of this Act. A |
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petition filed before the effective date of this Act is governed by |
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the law in effect immediately before that date, and that law is |
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continued in effect for that purpose. |
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(b) The change in law made by Section 201.010, Property |
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Code, as amended by this Act, applies only to the remedies available |
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as a result of a petition filed on or after the effective date of |
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this Act. The remedies available as a result of a petition filed |
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before the effective date of this Act are governed by the law in |
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effect immediately before that date, and that law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2011. |