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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of a restrictive covenant on property |
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used as an assisted living facility. |
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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 202.0045 to read as follows: |
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Sec. 202.0045. ENFORCEMENT OF RESTRICTIVE COVENANTS ON |
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CERTAIN PROPERTY. (a) A property owners' association may enforce a |
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restrictive covenant that applies to property used as an assisted |
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living facility under Chapter 247, Health and Safety Code, to the |
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same extent and in the same manner as the restrictive covenant is or |
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would be enforced with respect to any other property that is subject |
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to the restrictive covenant. |
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(b) This section does not authorize a property owners' |
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association to enforce a restriction that prohibits the use of |
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property as a community home under Chapter 123, Human Resources |
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Code, or to construe a restrictive covenant in a way that would |
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restrict property from being used for that purpose. |
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SECTION 2. This Act takes effect September 1, 2017. |