HBA-NIK S.B. 154 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 154
By: Lindsay
Land & Resource Management
5/13/1999
Engrossed



BACKGROUND AND PURPOSE 

Under current law, an association of property owners of nonresidential
property must have all property owners agree to amendments to deed
restrictions, if there were no provisions for deed restriction amendments
when the deed was originally drafted. S.B. 154 requires certain
nonresidential property owners to comply with the petition procedures set
out in Chapter 201, Property Code, in order to modify restrictive
covenants. The bill also invalidates the modification of a restrictive
covenant under certain conditions. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 11, Property Code, by adding Chapter 207, as
follows: 

CHAPTER 207. RESTRICTIVE COVENANTS APPLICABLE TO CERTAIN NONRESIDENTIAL
PROPERTY 

Sec. 207.001. APPLICATION.  Provides that this chapter applies only to real
property (1) designated by a restrictive covenant for nonresidential use
that is located in a county with a population of 2.8 million or more, and
(2) within 2.5 miles of any boundary of a privately owned airport with a
control tower operated by the Federal Aviation Administration. 

Sec. 207.002. DEFINITIONS.  Defines "owner," "restrictive covenant," and
"grantor." 

Sec. 207.003. MODIFICATION OF RESTRICTIONS. Provides that the owners of
real property subject to this chapter must comply with the petition
procedures prescribed by Chapter 201 (Restrictive Covenants Applicable to
Certain Subdivisions) to modify restrictive covenants applicable to the
property.  Provides that those procedures apply to a petition and
modification of restrictive covenants under this chapter to the extent they
can be made applicable.  Sets forth the provisions under which the
modification of a restrictive covenant under this chapter is invalid. 

Sec. 207.004. EXPIRATION. Provides that this chapter expires May 1, 2001.

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.