Bill Text: TX HB1786 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the amendment of restrictive covenants of certain residential subdivisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-11 - Referred to Business & Commerce [HB1786 Detail]
Download: Texas-2023-HB1786-Introduced.html
Bill Title: Relating to the amendment of restrictive covenants of certain residential subdivisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-11 - Referred to Business & Commerce [HB1786 Detail]
Download: Texas-2023-HB1786-Introduced.html
88R3197 ATP-D | ||
By: Burns | H.B. No. 1786 |
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relating to notice to property owners of the adoption or amendment | ||
of certain restrictive covenants. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 202, Property Code, is amended by adding | ||
Section 202.0045 to read as follows: | ||
Sec. 202.0045. NOTICE OF NEW OR AMENDED RESTRICTIVE | ||
COVENANT; CERTIFICATE OF COMPLIANCE. (a) A property owners' | ||
association may not enforce a newly adopted restrictive covenant or | ||
an amendment to a restrictive covenant before the 60th day after the | ||
date the association gives notice of the adoption or amendment | ||
directed to all persons who then are record owners of property in | ||
the residential subdivision, planned unit development, condominium | ||
or townhouse regime, or similar planned development. The notice | ||
must contain the name of the subdivision, regime, or development | ||
covered by the restrictive covenant and a copy of the dedicatory | ||
instrument containing the restrictive covenant as it will be filed | ||
under Section 202.006. | ||
(b) Except as provided by Subsection (d), the notice | ||
required by Subsection (a) must be: | ||
(1) published once a week for two consecutive weeks in | ||
a newspaper of general circulation in the county or counties where | ||
the subdivision, regime, or development is located; and | ||
(2) sent by certified mail, return receipt requested, | ||
to each person who owns land in the subdivision, regime, or | ||
development as of the date the notice is given, excluding the owners | ||
of land dedicated for public use or for use by utilities. | ||
(c) If the property owners' association acts in good faith | ||
in determining ownership and giving notice as required by this | ||
section, the failure to give personal notice to an owner does not | ||
affect the enforceability of the restrictive covenant as to that | ||
owner or the owner's property. | ||
(d) Instead of providing a copy of the dedicatory instrument | ||
as it will be filed under Section 202.006 as required by Subsection | ||
(a), a notice published as required by Subsection (b)(1) may | ||
contain a general description of the purpose and effect of the newly | ||
adopted restrictive covenant or the amendment to the restrictive | ||
covenant, as applicable. | ||
(e) On compliance with the notice requirements of this | ||
section, a majority of the members of the governing body of the | ||
property owners' association shall execute a certificate of | ||
compliance and file the certificate with the county clerk of each | ||
county where the subdivision, regime, or development is located. | ||
(f) The county clerk of each county shall record the | ||
certificate in the real property records of the county. | ||
SECTION 2. Section 209.0042(b), Property Code, is amended | ||
to read as follows: | ||
(b) A property owners' association may use an alternative | ||
method of providing notice adopted under this section to provide a | ||
notice for which another method is prescribed by law, other than a | ||
notice required by Section 202.0045, only if the property owner to | ||
whom the notice is provided has affirmatively opted to allow the | ||
association to use the alternative method of providing notice to | ||
provide to the owner notices for which another method is prescribed | ||
by law. | ||
SECTION 3. Section 202.0045, Property Code, as added by | ||
this Act, applies only to a restrictive covenant adopted or amended | ||
on or after the effective date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2023. |