Bill Text: TX HB2990 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the amendment of the dedicatory instruments of certain mixed-use real estate developments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-16 - Left pending in committee [HB2990 Detail]
Download: Texas-2019-HB2990-Introduced.html
86R13715 NC-F | ||
By: Vo | H.B. No. 2990 |
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relating to the amendment of the dedicatory instruments of certain | ||
mixed-use real estate developments. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 11, Property Code, is amended by adding | ||
Chapter 214 to read as follows: | ||
CHAPTER 214. AMENDMENT OF DEDICATORY INSTRUMENTS OF CERTAIN | ||
MIXED-USE REAL ESTATE DEVELOPMENTS | ||
Sec. 214.001. DEFINITIONS. In this chapter: | ||
(1) "Declaration" means an instrument filed in the | ||
real property records of a county that includes restrictive | ||
covenants governing a real estate development. | ||
(2) "Dedicatory instrument" has the meaning assigned | ||
by Section 202.001. | ||
(3) "Mixed-use real estate development" means a real | ||
estate development that includes commercial properties, including | ||
hotel and retail properties. | ||
(4) "Property owners' association" has the meaning | ||
assigned by Section 202.001. | ||
Sec. 214.002. APPLICABILITY OF CHAPTER. (a) This chapter | ||
applies only to a mixed-use real estate development: | ||
(1) that is located in a county with a population of | ||
3.3 million or more; and | ||
(2) in which property owners are subject to mandatory | ||
membership in a property owners' association. | ||
(b) This chapter applies to a dedicatory instrument | ||
regardless of the date on which the dedicatory instrument was | ||
created. | ||
Sec. 214.003. AMENDMENT OF DEDICATORY INSTRUMENT. (a) | ||
This section supersedes any conflicting requirement in a dedicatory | ||
instrument of a mixed-use real estate development. | ||
(b) To the extent of any conflict with another provision of | ||
this title, this section prevails. | ||
(c) Except as provided by Subsection (d), a declaration of a | ||
mixed-use real estate development may be amended only by a vote of a | ||
majority of the total votes allocated to property owners entitled | ||
to vote on the amendment of the declaration. | ||
(d) If the declaration contains a lower approval | ||
requirement than prescribed by Subsection (c), the approval | ||
requirement in the declaration controls. If the declaration is | ||
silent as to voting rights for an amendment, the declaration may be | ||
amended by a vote of a majority of the total votes allocated to | ||
property owners entitled to vote on the amendment of the | ||
declaration. | ||
(e) A bylaw of a mixed-use real estate development may not | ||
be amended to conflict with this section. | ||
SECTION 2. This Act takes effect September 1, 2019. |