H.B. No. 3518
 
 
 
 
AN ACT
  relating to the extension of, addition to, or modification of
  existing restrictive covenants in certain residential
  subdivisions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 204.003, Property Code, is amended to
  read as follows:
         Sec. 204.003.  PROVISIONS OF RESTRICTIVE COVENANTS PREVAIL
  IN CERTAIN CIRCUMSTANCES.  (a) An express designation in a
  document creating restrictions applicable to a residential real
  estate subdivision that provides for the extension of, addition to,
  or modification of existing restrictions by a designated number of
  owners of real property in the subdivision prevails over the
  provisions of this chapter.
         (b)  Notwithstanding Subsection (a), for a residential
  subdivision described by Subsection (c), the provisions of this
  chapter prevail over an express designation in a document described
  by Subsection (a) if:
               (1)  the designated number of owners of real property
  in the subdivision required for approval of an extension of,
  addition to, or modification of the document is more than 75
  percent; or
               (2)  the designation prohibits the extension of,
  addition to, or modification of an existing restriction for a
  certain time period and that time period has not expired.
         (c)  Subsection (b) applies to a residential subdivision
  that is located in a county described by Section 204.002(a)(3)
  other than a gated community with private streets.
         SECTION 2.  This Act takes effect only if Senate Bill 979,
  Acts of the 80th Legislature, Regular Session, 2007, does not
  become law.  If that bill becomes law, this Act has no effect.
         SECTION 3.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3518 was passed by the House on May 4,
  2007, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3518 on May 25, 2007, by the following vote:  Yeas 138, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3518 was passed by the Senate, with
  amendments, on May 22, 2007, by the following vote:  Yeas 30, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor