Bill Text: TX HB2799 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to certain property owners' exemption from modification of existing deed restrictions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-16 - Referred to Business & Industry [HB2799 Detail]
Download: Texas-2011-HB2799-Introduced.html
82R11399 PMO-D | ||
By: Bohac | H.B. No. 2799 |
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relating to certain property owners' exemption from modification | ||
of existing deed restrictions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 201.007(a), Property Code, is amended to | ||
read as follows: | ||
(a) A petition filed under this chapter must contain or be | ||
supplemented by one or more instruments containing: | ||
(1) the name of the subdivision; | ||
(2) a reference to the real property records or map or | ||
plat records where the instrument or instruments that contain any | ||
restriction sought to be extended, added to, or modified are | ||
recorded or, in the case of the creation of a restriction, a | ||
reference to the place where the map or other document identifying | ||
the subdivision is recorded; | ||
(3) a verbatim statement of any provisions for | ||
extension of the term of, or addition to, the restriction; | ||
(4) if a restriction is being amended or modified, the | ||
text of the proposed instrument creating the amendment or | ||
modification, together with a comparison of the original | ||
restriction that is affected indicating by appropriate deletion and | ||
insertion the change to the restriction that is proposed to be | ||
amended or modified; | ||
(5) if a restriction is being created, the text of the | ||
proposed instrument creating the restriction; | ||
(6) original acknowledged signatures of the required | ||
number of owners as provided by Section 201.006; and | ||
(7) [ |
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petition must file suit under Section 201.010 before the 181st day | ||
after the date on which the certificate called for by Section | ||
201.008(e) is filed in order to challenge the procedures followed | ||
in extending, creating, adding to, or modifying a restriction[ |
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SECTION 2. Section 201.009(b), Property Code, is amended to | ||
read as follows: | ||
(b) A restriction added, modified, created, or extended | ||
under this chapter does not affect or encumber property within the | ||
subdivision that is included within one of the following | ||
categories: | ||
(1) property exclusively dedicated for use by the | ||
public or for use by utilities; | ||
(2) [ |
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petition and has not received actual notice of the filing of the | ||
petition; | ||
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(3) [ |
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judicially declared to be incompetent at the time the certificate | ||
is filed, unless: | ||
(A) actual notice of the filing of the petition | ||
is given to a guardian of the minor or incompetent person[ |
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(B) a predecessor in title to the minor or | ||
incompetent person signed a petition that was filed while the | ||
property was owned by the predecessor; or | ||
(C) the incompetent person signed a petition that | ||
was filed before the judicial declaration of the person's | ||
incompetency. | ||
SECTION 3. Sections 201.010(a) and (d), Property Code, are | ||
amended to read as follows: | ||
(a) If an owner and the owner's predecessors in interest | ||
have not [ |
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owner may file a suit for declaratory judgment in a court of | ||
competent jurisdiction[ |
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the procedures leading to the recordation of a certificate, if the | ||
suit is filed before the 181st day after the date on which the | ||
certificate is filed with the county clerk[ |
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(d) The remedies in this section are exclusive of all others | ||
in actions brought to challenge a restriction extended, modified, | ||
added to, or created under this chapter. The filing of an action | ||
under [ |
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prevent the restriction from taking effect in accordance with its | ||
terms pending a final judgment. | ||
SECTION 4. Sections 201.009(c) and 201.010(c), Property | ||
Code, are repealed. | ||
SECTION 5. (a) The changes in law made by Sections 201.007 | ||
and 201.009, Property Code, as amended by this Act, apply only to a | ||
petition filed on or after the effective date of this Act. A | ||
petition filed before the effective date of this Act is governed by | ||
the law in effect immediately before that date, and that law is | ||
continued in effect for that purpose. | ||
(b) The change in law made by Section 201.010, Property | ||
Code, as amended by this Act, applies only to the remedies available | ||
as a result of a petition filed on or after the effective date of | ||
this Act. The remedies available as a result of a petition filed | ||
before the effective date of this Act are governed by the law in | ||
effect immediately before that date, and that law is continued in | ||
effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2011. |