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A BILL TO BE ENTITLED
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AN ACT
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relating to the amendment of the dedicatory instruments of certain |
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mixed-use real estate developments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 11, Property Code, is amended by adding |
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Chapter 214 to read as follows: |
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CHAPTER 214. AMENDMENT OF DEDICATORY INSTRUMENTS OF CERTAIN |
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MIXED-USE REAL ESTATE DEVELOPMENTS |
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Sec. 214.001. DEFINITIONS. In this chapter: |
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(1) "Declaration" means an instrument filed in the |
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real property records of a county that includes restrictive |
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covenants governing a real estate development. |
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(2) "Dedicatory instrument" has the meaning assigned |
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by Section 202.001. |
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(3) "Mixed-use real estate development" means a real |
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estate development that includes commercial properties, including |
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hotel and retail properties. |
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(4) "Property owners' association" has the meaning |
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assigned by Section 202.001. |
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Sec. 214.002. APPLICABILITY OF CHAPTER. (a) This chapter |
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applies only to a mixed-use real estate development: |
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(1) that is located in a county with a population of |
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3.3 million or more; and |
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(2) in which property owners are subject to mandatory |
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membership in a property owners' association. |
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(b) This chapter applies to a dedicatory instrument |
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regardless of the date on which the dedicatory instrument was |
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created. |
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Sec. 214.003. AMENDMENT OF DEDICATORY INSTRUMENT. (a) |
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This section supersedes any conflicting requirement in a dedicatory |
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instrument of a mixed-use real estate development. |
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(b) To the extent of any conflict with another provision of |
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this title, this section prevails. |
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(c) Except as provided by Subsection (d), a declaration of a |
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mixed-use real estate development may be amended only by a vote of a |
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majority of the total votes allocated to property owners entitled |
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to vote on the amendment of the declaration. |
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(d) If the declaration contains a lower approval |
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requirement than prescribed by Subsection (c), the approval |
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requirement in the declaration controls. If the declaration is |
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silent as to voting rights for an amendment, the declaration may be |
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amended by a vote of a majority of the total votes allocated to |
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property owners entitled to vote on the amendment of the |
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declaration. |
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(e) A bylaw of a mixed-use real estate development may not |
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be amended to conflict with this section. |
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SECTION 2. This Act takes effect September 1, 2019. |