By: Miles  S.B. No. 1845
         (In the Senate - Filed March 7, 2019; March 18, 2019, read
  first time and referred to Committee on Business & Commerce;
  April 15, 2019, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 15, 2019,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1845 By:  Whitmire
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the amendment of the dedicatory instruments of certain
  mixed-use real estate developments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 11, Property Code, is amended by adding
  Chapter 214 to read as follows:
  CHAPTER 214.  AMENDMENT OF DEDICATORY INSTRUMENTS OF CERTAIN
  MIXED-USE REAL ESTATE DEVELOPMENTS
         Sec. 214.001.  DEFINITIONS. In this chapter:
               (1)  "Declaration" means an instrument filed in the
  real property records of a county that includes restrictive
  covenants governing a real estate development.
               (2)  "Dedicatory instrument" has the meaning assigned
  by Section 202.001.
               (3)  "Mixed-use real estate development" means a real
  estate development that includes commercial properties, including
  hotel and retail properties, and that may include other real estate
  uses.
               (4)  "Property owners' association" has the meaning
  assigned by Section 202.001.
         Sec. 214.002.  APPLICABILITY OF CHAPTER. (a)  This chapter
  applies only to a mixed-use real estate development:
               (1)  that is located in a county with a population of
  3.3 million or more; and
               (2)  in which property owners are subject to mandatory
  membership in a property owners' association.
         (b)  This chapter applies to a dedicatory instrument
  regardless of the date on which the dedicatory instrument was
  created.
         Sec. 214.003.  AMENDMENT OF DEDICATORY INSTRUMENT.
  (a)  This section supersedes any conflicting requirement in a
  dedicatory instrument of a mixed-use real estate development.
         (b)  To the extent of any conflict with another provision of
  this title, this section prevails.
         (c)  Except as provided by Subsection (d), a declaration of a
  mixed-use real estate development may be amended only by a vote of a
  majority of the total votes allocated to property owners entitled
  to vote on the amendment of the declaration.
         (d)  If the declaration contains a lower approval
  requirement than prescribed by Subsection (c), the approval
  requirement in the declaration controls.  If the declaration is
  silent as to voting rights for an amendment, the declaration may be
  amended by a vote of a majority of the total votes allocated to
  property owners entitled to vote on the amendment of the
  declaration.
         (e)  A bylaw of a mixed-use real estate development may not
  be amended to conflict with this section.
         SECTION 2.  This Act takes effect September 1, 2019.
 
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