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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 209, Property Code, is amended by adding |
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Section 209.015 to read as follows: |
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Sec. 209.015. REGULATION OF LAND USE: RESIDENTIAL PURPOSE. |
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(a) In this section: |
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(1) "Adjacent lot" means: |
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(A) a lot that is contiguous to another lot that |
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fronts on the same street; |
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(B) with respect to a corner lot, a lot that is |
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contiguous to the corner lot by either a side property line or a |
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back property line; or |
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(C) if permitted by the dedicatory instrument, |
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any lot that is contiguous to another lot at the back property line. |
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(2) "Residential purpose" with respect to the use of a |
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lot: |
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(A) means the location on the lot of any |
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building, structure, or other improvement customarily appurtenant |
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to a residence, as opposed to use for a business or commercial |
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purpose; and |
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(B) includes the location on the lot of a garage, |
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sidewalk, driveway, parking area, children's swing or playscape, |
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fence, septic system, swimming pool, utility line, or water well |
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and, if otherwise specifically permitted by the dedicatory |
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instrument, the parking or storage of a recreational vehicle. |
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(b) Except as provided by this section, a property owners' |
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association may not adopt or enforce a provision in a dedicatory |
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instrument that prohibits or restricts the owner of a lot on which a |
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residence is located from using for residential purposes an |
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adjacent lot owned by the property owner. |
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(c) An owner must obtain the approval of the property |
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owners' association or, if applicable, an architectural committee |
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established by the association or the association's dedicatory |
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instruments, based on criteria prescribed by the dedicatory |
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instruments specific to the use of a lot for residential purposes, |
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including reasonable restrictions regarding size, location, |
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shielding, and aesthetics of the residential purpose, before the |
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owner begins the construction, placement, or erection of a |
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building, structure, or other improvement for the residential |
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purpose on an adjacent lot. |
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(d) An owner who elects to use an adjacent lot for |
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residential purposes under this section shall, on the sale or |
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transfer of the lot containing the residence: |
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(1) include the adjacent lot in the sales agreement |
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and transfer the lot to the new owner under the same dedicatory |
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conditions; or |
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(2) restore the adjacent lot to the original condition |
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before the addition of the improvements allowed under this section |
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to the extent that the lot would again be suitable for the |
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construction of a separate residence as originally platted and |
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provided for in the conveyance to the owner. |
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(e) An owner may sell the adjacent lot separately only for |
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the purpose of the construction of a new residence that complies |
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with existing requirements in the dedicatory instrument unless the |
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lot has been restored as described by Subsection (d)(2). |
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(f) 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, 2013. |