Bill Text: TX SB1845 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the amendment of the dedicatory instruments of certain mixed-use real estate developments.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [SB1845 Detail]
Download: Texas-2019-SB1845-Comm_Sub.html
Bill Title: Relating to the amendment of the dedicatory instruments of certain mixed-use real estate developments.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [SB1845 Detail]
Download: Texas-2019-SB1845-Comm_Sub.html
86R28411 NC-F | ||
By: Miles | S.B. No. 1845 | |
(Vo) | ||
Substitute the following for S.B. No. 1845: No. |
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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) "Current developer" means an owner of one or more | ||
tracts or lots in a mixed-use real estate development, or the | ||
owner's affiliate, who: | ||
(A) is the current declarant in the declaration | ||
governing the development; and | ||
(B) currently holds the developer rights for the | ||
development. | ||
(2) "Declaration" means an instrument filed in the | ||
real property records of a county that includes restrictive | ||
covenants governing a real estate development. | ||
(3) "Dedicatory instrument" has the meaning assigned | ||
by Section 202.001. | ||
(4) "Mixed-use real estate development" means a real | ||
estate development that: | ||
(A) contains at least 200 acres and not more than | ||
250 acres of deed-restricted property composed of at least 10 | ||
separate tracts or parcels of property; | ||
(B) includes: | ||
(i) commercial properties, including hotel | ||
and retail properties, that constitute at least 70 percent of the | ||
total land area of the development; and | ||
(ii) office properties that constitute at | ||
least 50 percent of the total land area of the development; | ||
(C) may include other real estate uses; | ||
(D) is governed by a property owners' | ||
association; and | ||
(E) is subject to a dedicatory instrument that: | ||
(i) requires mandatory membership in the | ||
property owners' association; | ||
(ii) authorizes the property owners' | ||
association to collect a regular assessment on all or a majority of | ||
the property in the development; | ||
(iii) requires the approval of owners of | ||
more than: | ||
(a) 90 percent of the ground area | ||
constituting the development to change a provision of the | ||
dedicatory instrument governing the permitted use of a property; or | ||
(b) 60 percent of the ground area | ||
constituting the development to change a provision of the | ||
dedicatory instrument that is not related to the permitted use of a | ||
property; and | ||
(iv) provides that voting for an amendment | ||
is based on the number of acres owned by each owner. | ||
(5) "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 that is located | ||
in: | ||
(1) a municipality with a population of two million or | ||
more; and | ||
(2) a county with a population of 3.3 million or more. | ||
(b) This chapter does not apply to: | ||
(1) a mixed-use real estate development that includes | ||
single-family residential properties; or | ||
(2) a condominium subject to Chapter 81 or 82. | ||
(c) 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) While the mixed-use real estate development has a | ||
current developer, an amendment made to the declaration under this | ||
section requires the current developer to consent to the amendment | ||
to be valid. | ||
(f) 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. |