By: Murphy (Senate Sponsor - Creighton)	H.B. No. 1659
	(In the Senate - Received from the House May 3, 2021;
	May 10, 2021, read first time and referred to Committee on Business &
	Commerce; May 21, 2021, reported adversely, with favorable
	Committee Substitute by the following vote:  Yeas 9, Nays 0;
	May 21, 2021, sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR H.B. No. 1659	By:  Hancock

	A BILL TO BE ENTITLED
	AN ACT
	relating to the amendment of a residential subdivision's
	declaration to affect certain types of property located in the
	subdivision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 209.0041, Property Code, is amended by
	adding Subsection (d-1) to read as follows:
	(d-1)  This section does not apply to an amendment of a
	declaration if the amendment would affect a portion of a
	subdivision that is zoned for or that contains, or previously
	contained as specifically allowed under the declaration, a
	commercial structure, an industrial structure, an apartment
	complex, or a condominium as defined by Section 81.002 or 82.003.
	For purposes of this subsection, "apartment complex" means two or
	more dwellings in one or more buildings that are owned by the same
	owner, located on the same lot or tract, and managed by the same
	owner, agent, or management company.
	SECTION 2.  Section 209.0041(d-1), Property Code, as added
	by this Act, applies only to a vote to amend a declaration held on or
	after the effective date of this Act. A vote to amend a declaration
	held before the effective date of this Act is governed by the law as
	it existed immediately before that date, and that law is continued
	in effect for that purpose.
	SECTION 3.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2021.
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