Bill Text: TX HB1786 | 2023-2024 | 88th Legislature | Engrossed
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-Engrossed.html
| 88R25774 ATP-F | ||
| By: Burns | H.B. No. 1786 | |
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| relating to the amendment of restrictive covenants of certain | ||
| residential subdivisions. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 202, Property Code, is amended by adding | ||
| Section 202.024 to read as follows: | ||
| Sec. 202.024. RESIDENTIAL SUBDIVISION WITHOUT MANDATORY | ||
| PROPERTY OWNERS' ASSOCIATION. (a) In this section, "dedicatory | ||
| instrument" includes a deed containing a restrictive covenant. | ||
| (b) This section applies only to residential subdivisions | ||
| whose dedicatory instruments do not require membership in a | ||
| property owners' association. | ||
| (c) The dedicatory instruments of a residential subdivision | ||
| described by Subsection (b) may not be amended unless notice of the | ||
| proposed amendment is provided by certified mail, return receipt | ||
| requested, to each property owner in the residential subdivision, | ||
| at the owner's mailing address according to the records of the | ||
| appraisal district in which the property is located. The notice | ||
| must: | ||
| (1) contain the text of the amendment; | ||
| (2) contain a ballot that the owner may return to an | ||
| address stated on the ballot in order to cast the owner's vote; | ||
| (3) state a deadline to return the ballot, which may | ||
| not be less than 60 days after the date the notice is sent; and | ||
| (4) identify an individual or entity who will tabulate | ||
| the ballots and include the individual's or entity's mailing | ||
| address. | ||
| (d) The individual or entity who tabulates the ballots must | ||
| retain the ballots for at least 180 days after the deadline provided | ||
| by Subsection (c)(3). | ||
| (e) If within the ballot retention period provided by | ||
| Subsection (d), a property owner in the residential subdivision | ||
| sends a request by certified mail, return receipt requested, to the | ||
| ballot tabulator at the address given under Subsection (c)(4), the | ||
| ballot tabulator must provide the owner a copy of all ballots in | ||
| electronic or paper form. | ||
| (f) A dedicatory instrument amendment that receives the | ||
| required vote in order to be adopted in accordance with the terms of | ||
| the dedicatory instrument may not be filed of record until the 30th | ||
| day after the expiration of the ballot retention period provided by | ||
| Subsection (d). | ||
| (g) This section supersedes any contrary requirement in a | ||
| dedicatory instrument. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
