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AN ACT
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relating to extension or modification of restrictive covenants in |
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certain residential real estate subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 201.004, Property Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) If existing originally applicable restrictions provide |
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a procedure for extension, that procedure may be used for |
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successive extensions of the originally applicable restrictions |
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unless the original restriction instrument expressly prohibits the |
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procedure from being used for successive extensions. |
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SECTION 2. Subdivision (4), Section 210.001, Property Code, |
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is amended to read as follows: |
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(4) "Residential real estate subdivision" or |
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"subdivision" has the meaning assigned by Section 201.003, except |
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that in a county described by Section 210.002(1) a subdivision that |
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is a gated community with private streets need not be located in a |
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city, town, or village or within the extraterritorial jurisdiction |
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of a city, town, or village. |
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SECTION 3. 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, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1672 passed the Senate on |
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May 5, 2009, by the following vote: Yeas 31, Nays 0; and that the |
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Senate concurred in House amendment on May 28, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1672 passed the House, with |
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amendment, on May 18, 2009, by the following vote: Yeas 136, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |