Bill Text: TX HB3888 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the enforcement of a restrictive covenant on property used as an assisted living facility.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-05-12 - Returned to Calendars Committee [HB3888 Detail]
Download: Texas-2017-HB3888-Comm_Sub.html
| 85R3400 JG-D | ||
| By: Zerwas, et al. | H.B. No. 3888 | |
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| relating to the enforcement of a restrictive covenant on property | ||
| used as an assisted living facility. | ||
| 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. ENFORCEMENT OF RESTRICTIVE COVENANTS ON | ||
| CERTAIN PROPERTY. (a) A property owners' association may enforce a | ||
| restrictive covenant that applies to property used as an assisted | ||
| living facility under Chapter 247, Health and Safety Code, to the | ||
| same extent and in the same manner as the restrictive covenant is or | ||
| would be enforced with respect to any other property that is subject | ||
| to the restrictive covenant. | ||
| (b) This section does not authorize a property owners' | ||
| association to enforce a restriction that prohibits the use of | ||
| property as a community home under Chapter 123, Human Resources | ||
| Code, or to construe a restrictive covenant in a way that would | ||
| restrict property from being used for that purpose. | ||
| SECTION 2. This Act takes effect September 1, 2017. | ||
