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AN ACT
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relating to the vesting of architectural control committee |
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authority in certain subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 204.011, Property Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) If existing restrictions applicable to a subdivision do |
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not provide for a property owners' association and a property |
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owners' association has not been formed, the architectural control |
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committee authority over the entire subdivision vests in a civic |
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association other than a property owners' association if: |
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(1) an architectural control committee created by the |
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restrictions exercised the architectural control committee |
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authority as provided by the restrictions over all the lots in the |
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subdivision for at least 10 years and over a majority of the lots in |
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the subdivision for at least 20 years; |
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(2) an architectural control committee created by the |
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restrictions assigned the civic association the architectural |
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control committee authority over a majority of the lots in the |
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subdivision; |
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(3) the civic association was assigned the |
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architectural control committee authority over a majority of the |
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lots in the subdivision and has exercised that authority over all |
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the lots in the subdivision for at least 10 years; and |
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(4) the architectural control committee authority has |
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lapsed in the lots in which the civic association lacks authority, |
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and the lapse is solely the result of: |
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(A) the automatic termination of the |
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architectural control committee authority; or |
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(B) the death of a member of the architectural |
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control committee or another cause resulting from the inability to |
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locate a member of the architectural control committee or the |
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member's assigns. |
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SECTION 2. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2218 was passed by the House on May 8, |
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2007, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2218 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |