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A BILL TO BE ENTITLED
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AN ACT
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relating to the amendment of restrictive covenants applicable to |
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certain subdivisions. |
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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 213 to read as follows: |
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CHAPTER 213. AMENDMENT OF RESTRICTIONS APPLICABLE TO CERTAIN |
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MULTI-ZONED SUBDIVISIONS |
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Sec. 213.001. DEFINITIONS. In this chapter: |
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(1) "Lot" means any designated parcel of land located |
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in a subdivision. |
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(2) "Multi-zoned subdivision" means a subdivision: |
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(A) that: |
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(i) was platted before 1965; |
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(ii) has more than 900 lots; and |
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(iii) is located in two or more separately |
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incorporated municipalities; and |
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(B) at least one portion of the plat of which is |
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zoned for a use other than a use permitted by the applicable |
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restrictions. |
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(3) "Real property records" and "restrictions" have |
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the meanings assigned by Section 201.003. |
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Sec. 213.002. APPLICABILITY. This chapter applies only to |
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a multi-zoned subdivision located in whole or in part in a |
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municipality: |
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(1) with a population of 30,000 or more; and |
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(2) located in at least three counties. |
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Sec. 213.003. AMENDMENTOFRESTRICTIONS. |
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(a) Notwithstanding any other law, restrictions applicable to |
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property in a multi-zoned subdivision may be amended as provided by |
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this chapter. |
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(b) An amendment under this chapter may apply to all or part |
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of the subdivision. Restrictions may be amended under this chapter |
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to affect different portions of the subdivision differently. |
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(c) An amendment approved under this chapter is effective |
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and applies to each separately owned lot in the area designated as |
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subject to the amendment. |
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Sec. 213.004. VOTE REQUIRED. (a) An amendment of |
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restrictions under this chapter must be approved by the owners of |
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at least 67 percent of the lots in the area of the subdivision |
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designated in the relevant ballot as subject to the proposed |
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amendment. |
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(b) Only one vote may be cast for each lot. The vote of |
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multiple owners of a property may be reflected by the signature or |
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vote of one of the owners. |
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Sec. 213.005. BALLOT REQUIREMENTS. (a) A ballot for a |
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vote under this chapter must: |
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(1) be in writing; |
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(2) state the substance of the proposed amendment of |
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the restrictions; |
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(3) designate the area of the subdivision to which the |
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proposed amendment applies; and |
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(4) specify the date by which the ballot must be |
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returned to be counted. |
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(b) A ballot for a vote under this chapter must be mailed to |
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each owner of a lot in the area of the subdivision to which the |
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proposed amendment applies at the address shown in the online |
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records of the appraisal district in which the lot is located. |
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(c) Before a vote is held under this section, a copy of the |
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ballot must be recorded in the real property records of each county |
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in which the subdivision is located. |
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Sec. 213.006. CERTIFICATION OF VOTE; RECORDING REQUIRED. |
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(a) If an amendment of the restrictions of a subdivision is |
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approved under this chapter, a document certifying the approval |
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must be recorded in the real property records of each county in |
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which the subdivision is located. |
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(b) A document filed under this section is prima facie |
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evidence that the required vote was attained and the required |
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procedures for the vote were followed. |
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Sec. 213.007. CLAIM OF LACK OF MUTUALITY PROHIBITED. If an |
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amendment of a subdivision's restrictions is approved under this |
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chapter, an owner of property within the subdivision to which the |
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amended restrictions apply may not claim in any judicial proceeding |
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that the amendment is not enforceable on the grounds that the |
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amendment is not applicable to all of the property in the |
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subdivision. |
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SECTION 2. Chapter 213, Property Code, as added by this Act, |
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applies to a restrictive covenant enacted before, on, or after the |
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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, 2025. |