Bill Text: TX HB1659 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the amendment of a residential subdivision's declaration to affect certain types of property located in the subdivision.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-15 - Effective immediately [HB1659 Detail]
Download: Texas-2021-HB1659-Enrolled.html
| H.B. No. 1659 | ||
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| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1659 was passed by the House on April | ||
| 30, 2021, by the following vote: Yeas 138, Nays 3, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 1659 on May 28, 2021, by the following vote: Yeas 139, Nays 7, | ||
| 1 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1659 was passed by the Senate, with | ||
| amendments, on May 27, 2021, by a viva-voce vote. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
