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A BILL TO BE ENTITLED
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AN ACT
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relating to exceptions to the prohibition of certain fees for a |
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future transfer of residential real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.017(c), Property Code, is amended to |
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read as follows: |
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(c) This section does not apply to a deed restriction or |
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other covenant running with the land that requires a fee associated |
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with the conveyance of property [in a subdivision] that is payable: |
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(1) to: |
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(A) [(1)] a property owners' association that |
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manages or regulates the subdivision or the association's managing |
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agent if the subdivision contains more than one platted lot; |
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(B) [(2)] an entity organized under Section |
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501(c)(3), Internal Revenue Code of 1986; or |
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(C) [(3)] a governmental entity; or |
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(2) for the benefit or in consideration of a |
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conservation easement created under Chapter 183, Natural Resources |
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Code, located in a county with a population of at least 490,000 that |
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is adjacent to: |
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(A) a county in this state that borders Oklahoma; |
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and |
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(B) a county not described by Paragraph (A) that |
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has a population of at least two million. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |