H.B. No. 2402
 
 
 
 
AN ACT
  relating to the authority granted to certain property owners' 
  associations in dedicatory instruments and restrictive covenants.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 209, Property Code, is amended by adding
  Section 209.012 to read as follows:
         Sec. 209.012.  RESTRICTIVE COVENANTS GRANTING EASEMENTS TO
  CERTAIN PROPERTY OWNERS' ASSOCIATIONS. (a)  A property owners'
  association may not amend a dedicatory instrument to grant the
  property owners' association an easement through or over an owner's
  lot without the consent of the owner.
         (b)  This section does not prohibit a property owners'
  association from adopting or enforcing a restriction in a
  dedicatory instrument that allows the property owners' association
  to access an owner's lot to remedy a violation of the dedicatory
  instrument.
         SECTION 2.  (a) Chapter 209, Property Code, is amended by
  adding Section 209.013 to read as follows:
         Sec. 209.013.  AUTHORITY OF ASSOCIATION TO AMEND DEDICATORY
  INSTRUMENT. (a) A dedicatory instrument created by a developer of
  a residential subdivision or by a property owners' association in
  which the developer has a majority of the voting rights or that the
  developer otherwise controls under the terms of the dedicatory
  instrument may not be amended during the period between the time the
  developer loses the majority of the voting rights or other form of
  control of the property owners' association and the time a new board
  of directors of the association assumes office following the loss
  of the majority of the voting rights or other form of control.
         (b)  A provision in a dedicatory instrument that violates
  this section is void and unenforceable.
         (b)  Except as specifically provided by a dedicatory
  instrument in a provision that existed before the effective date of
  this Act, the change in law made by this section applies to a
  dedicatory instrument created before, on, or after the effective
  date of this Act.
         SECTION 3.  Section 209.012, Property Code, as added by this
  Act, applies only to an easement granted by a dedicatory instrument
  on or after the effective date of this Act. An easement granted by a
  dedicatory instrument before the effective date of this Act is
  governed by the law in effect immediately before the effective date
  of this Act, and the former law is continued in effect for that
  purpose.
         SECTION 4.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2402 was passed by the House on May
  10, 2007, by the following vote:  Yeas 137, Nays 1, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2402 on May 25, 2007, by the following vote:  Yeas 134, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2402 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor