| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of a municipality or county to regulate |
|
|
condominiums. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 82.006, Property Code, is amended to |
|
|
read as follows: |
|
|
Sec. 82.006. APPLICABILITY OF LOCAL ORDINANCES, |
|
|
REGULATIONS, AND BUILDING CODES. (a) A zoning, subdivision, |
|
|
building code, or other real property use law, ordinance, or |
|
|
regulation may not prohibit the condominium form of ownership or |
|
|
impose any requirement on a condominium that it would not impose on |
|
|
a physically identical development under a different form of |
|
|
ownership. Except as provided by this section [Otherwise], this |
|
|
chapter does not invalidate or modify any provision of any zoning, |
|
|
subdivision, building code, or other real property use law, |
|
|
ordinance, or regulation. |
|
|
(b) Notwithstanding any other law: |
|
|
(1) a condominium declaration is not a subdivision of |
|
|
land for purposes of Chapter 212, 232, or 242, Local Government |
|
|
Code; and |
|
|
(2) a municipality or county may not require the |
|
|
preparation or submission for approval of a subdivision plat in |
|
|
connection with the creation or alteration of a condominium under |
|
|
this chapter. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a condominium declaration filed for recording on or after the |
|
|
effective date of this Act. A condominium declaration filed for |
|
|
recording before the effective date of this Act is governed by the |
|
|
law as it existed immediately before the effective date of this Act, |
|
|
and that law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2025. |