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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforceability of certain restrictive covenants |
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governing the use of fuel on and supply of fuel to property in |
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certain subdivisions or other planned developments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 202, Property Code, is amended by adding |
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Section 202.008 to read as follows: |
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Sec. 202.008. FUEL UTILIZATION COVENANTS. (a) A property |
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owners' association or a declarant may not enforce or impose a |
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restrictive covenant that: |
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(1) requires a property owner to exclusively use a |
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particular fuel on the owner's property or exclusively use fuel |
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provided by a particular supplier on the owner's property; or |
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(2) imposes a fee payable to any person for an owner to |
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opt out of a requirement described by Subdivision (1). |
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(b) A restrictive covenant described by Subsection (a) is |
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void and is unenforceable by any person. |
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SECTION 2. Section 202.008, Property Code, as added by this |
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Act, applies to a restrictive covenant imposed before, on, or after |
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the effective date of this Act. |
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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, 2015. |