83R3690 NC-D
 
  By: Kuempel H.B. No. 1158
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the amendment of restrictive covenants applicable to
  certain subdivisions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 11, Property Code, is amended by adding
  Chapter 213 to read as follows:
  CHAPTER 213. AMENDMENT OF RESTRICTIONS APPLICABLE TO CERTAIN
  MULTI-ZONED SUBDIVISIONS
         Sec. 213.001.  DEFINITIONS. In this chapter:
               (1)  "Lot" means any designated parcel of land located
  in a subdivision.
               (2)  "Multi-zoned subdivision" means a subdivision:
                     (A)  that:
                           (i)  was platted before 1965;
                           (ii)  has more than 900 lots; and
                           (iii)  is located in two or more separately
  incorporated municipalities; and
                     (B)  at least one portion of the plat of which is
  zoned for a use other than a use permitted by the applicable
  restrictions.
               (3)  "Real property records" and "restrictions" have
  the meanings assigned by Section 201.003.
         Sec. 213.002.  APPLICABILITY. This chapter applies only to
  a multi-zoned subdivision located in whole or in part in a
  municipality:
               (1)  with a population of 30,000 or more; and
               (2)  located in at least three counties.
         Sec. 213.003.  AMENDMENT OF RESTRICTIONS. (a)
  Notwithstanding any other law, restrictions applicable to property
  in a multi-zoned subdivision may be amended as provided by this
  chapter.
         (b)  An amendment under this chapter may apply to all or part
  of the subdivision.  Restrictions may be amended under this chapter
  to affect different portions of the subdivision differently.
         (c)  An amendment approved under this chapter is effective
  and applies to each separately owned lot in the area designated as
  subject to the amendment.
         Sec. 213.004.  VOTE REQUIRED. (a)  An amendment of
  restrictions under this chapter must be approved by the owners of at
  least 67 percent of the lots in the area of the subdivision
  designated in the relevant ballot as subject to the proposed
  amendment.
         (b)  Only one vote may be cast for each lot.  The vote of
  multiple owners of a property may be reflected by the signature or
  vote of one of the owners.
         Sec. 213.005.  BALLOT REQUIREMENTS. (a)  A ballot for a vote
  under this chapter must:
               (1)  be in writing;
               (2)  state the substance of the proposed amendment of
  the restrictions;
               (3)  designate the area of the subdivision to which the
  proposed amendment applies; and
               (4)  specify the date by which the ballot must be
  returned to be counted.
         (b)  A ballot for a vote under this chapter must be mailed to
  each owner of a lot in the area of the subdivision to which the
  proposed amendment applies at the address shown in the online
  records of the appraisal district in which the lot is located.
         (c)  Before a vote is held under this section, a copy of the
  ballot must be recorded in the real property records of each county
  in which the subdivision is located.
         Sec. 213.006.  CERTIFICATION OF VOTE; RECORDING REQUIRED.
  (a)  If an amendment of the restrictions of a subdivision is
  approved under this chapter, a document certifying the approval
  must be recorded in the real property records of each county in
  which the subdivision is located.
         (b)  A document filed under this section is prima facie
  evidence that the required vote was attained and the required
  procedures for the vote were followed.
         Sec. 213.007.  CLAIM OF LACK OF MUTUALITY PROHIBITED. If an
  amendment of a subdivision's restrictions is approved under this
  chapter, an owner of property within the subdivision to which the
  amended restrictions apply may not claim in any judicial proceeding
  that the amendment is not enforceable on the grounds that the
  amendment is not applicable to all of the property in the
  subdivision.
         SECTION 2.  Chapter 213, Property Code, as added by this Act,
  applies to a restrictive covenant enacted before, on, or after the
  effective date of this Act.
         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, 2013.