|
|
|
|
AN ACT
|
|
relating to the amendment of restrictions affecting real property |
|
in certain subdivisions and the authority of the Llano County |
|
Municipal Utility District No. 1 to issue bonds. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subdivision (4), Section 211.001, Property Code, |
|
is amended to read as follows: |
|
(4) "Residential real estate subdivision" or |
|
"subdivision" means all land encompassed within one or more maps or |
|
plats of land that is divided into two or more parts if: |
|
(A) the maps or plats cover land all or part of |
|
which is not located within a municipality and: |
|
(i) for a county with a population of less |
|
than 65,000, is not located within the extraterritorial |
|
jurisdiction of a municipality; [or] |
|
(ii) for a county with a population of at |
|
least 65,000 and less than 135,000, is located wholly within the |
|
extraterritorial jurisdiction of a municipality; or |
|
(iii) for a county that borders Lake |
|
Buchanan and has a population of at least 18,500 and less than |
|
19,500, is located wholly within the extraterritorial jurisdiction |
|
of a municipality; |
|
(B) the land encompassed within the maps or plats |
|
is or was burdened by restrictions limiting all or at least a |
|
majority of the land area covered by the map or plat, excluding |
|
streets and public areas, to residential use only; and |
|
(C) all instruments creating the restrictions |
|
are recorded in the deed or real property records of a county. |
|
SECTION 2. Subsection (a), Section 211.002, Property Code, |
|
is amended to read as follows: |
|
(a) This chapter applies only to a residential real estate |
|
subdivision or any unit or parcel of a subdivision: |
|
(1) all or part of which is located within an |
|
unincorporated area of a county if the county has a population of |
|
less than 65,000; [or] |
|
(2) all of which is located within the |
|
extraterritorial jurisdiction of a municipality located in a county |
|
that has a population of at least 65,000 and less than 135,000; or |
|
(3) all of which is located within the |
|
extraterritorial jurisdiction of a municipality located in a county |
|
that borders Lake Buchanan and has a population of at least 18,500 |
|
and less than 19,500. |
|
SECTION 3. Subsection (b), Section 4, Chapter 129, Acts of |
|
the 70th Legislature, Regular Session, 1987, is amended to read as |
|
follows: |
|
(b) Bonds may not be issued by the district under this Act |
|
except on approval of not less than a majority [two thirds] of the |
|
qualified voters of the district voting at an election called and |
|
held for that purpose. |
|
SECTION 4. The change in law made by this Act to Subsection |
|
(b), Section 4, Chapter 129, Acts of the 70th Legislature, Regular |
|
Session, 1987, applies to an election to authorize the issuance of |
|
bonds held on or after the effective date of this Act. An election |
|
to authorize the issuance of bonds held before the effective date of |
|
this Act is governed by the law in effect at the time the election |
|
was held, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 5. This Act takes effect September 1, 2013. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 1853 passed the Senate on |
|
April 17, 2013, by the following vote: Yeas 31, Nays 0; and that |
|
the Senate concurred in House amendment on May 25, 2013, by the |
|
following vote: Yeas 30, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 1853 passed the House, with |
|
amendment, on May 22, 2013, by the following vote: Yeas 142, |
|
Nays 6, two present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |