Bill Text: TX HB35 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the authority of a property owners' association to regulate the use of certain lots for residential purposes.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective immediately [HB35 Detail]
Download: Texas-2013-HB35-Enrolled.html
| H.B. No. 35 | ||
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| relating to the authority of a property owners' association to | ||
| regulate the use of certain lots for residential purposes. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 209, Property Code, is amended by adding | ||
| Section 209.015 to read as follows: | ||
| Sec. 209.015. REGULATION OF LAND USE: RESIDENTIAL PURPOSE. | ||
| (a) In this section: | ||
| (1) "Adjacent lot" means: | ||
| (A) a lot that is contiguous to another lot that | ||
| fronts on the same street; | ||
| (B) with respect to a corner lot, a lot that is | ||
| contiguous to the corner lot by either a side property line or a | ||
| back property line; or | ||
| (C) if permitted by the dedicatory instrument, | ||
| any lot that is contiguous to another lot at the back property line. | ||
| (2) "Residential purpose" with respect to the use of a | ||
| lot: | ||
| (A) means the location on the lot of any | ||
| building, structure, or other improvement customarily appurtenant | ||
| to a residence, as opposed to use for a business or commercial | ||
| purpose; and | ||
| (B) includes the location on the lot of a garage, | ||
| sidewalk, driveway, parking area, children's swing or playscape, | ||
| fence, septic system, swimming pool, utility line, or water well | ||
| and, if otherwise specifically permitted by the dedicatory | ||
| instrument, the parking or storage of a recreational vehicle. | ||
| (b) Except as provided by this section, a property owners' | ||
| association may not adopt or enforce a provision in a dedicatory | ||
| instrument that prohibits or restricts the owner of a lot on which a | ||
| residence is located from using for residential purposes an | ||
| adjacent lot owned by the property owner. | ||
| (c) An owner must obtain the approval of the property | ||
| owners' association or, if applicable, an architectural committee | ||
| established by the association or the association's dedicatory | ||
| instruments, based on criteria prescribed by the dedicatory | ||
| instruments specific to the use of a lot for residential purposes, | ||
| including reasonable restrictions regarding size, location, | ||
| shielding, and aesthetics of the residential purpose, before the | ||
| owner begins the construction, placement, or erection of a | ||
| building, structure, or other improvement for the residential | ||
| purpose on an adjacent lot. | ||
| (d) An owner who elects to use an adjacent lot for | ||
| residential purposes under this section shall, on the sale or | ||
| transfer of the lot containing the residence: | ||
| (1) include the adjacent lot in the sales agreement | ||
| and transfer the lot to the new owner under the same dedicatory | ||
| conditions; or | ||
| (2) restore the adjacent lot to the original condition | ||
| before the addition of the improvements allowed under this section | ||
| to the extent that the lot would again be suitable for the | ||
| construction of a separate residence as originally platted and | ||
| provided for in the conveyance to the owner. | ||
| (e) An owner may sell the adjacent lot separately only for | ||
| the purpose of the construction of a new residence that complies | ||
| with existing requirements in the dedicatory instrument unless the | ||
| lot has been restored as described by Subsection (d)(2). | ||
| (f) A provision in a dedicatory instrument that violates | ||
| this section is void. | ||
| SECTION 2. 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, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 35 was passed by the House on April | ||
| 11, 2013, by the following vote: Yeas 129, Nays 15, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 35 was passed by the Senate on May 20, | ||
| 2013, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
