TITLE: Relating to amendment of restrictions in certain residential real estate subdivisions.

SUMMARY: Relating to amendment of restrictions in certain residential real estate subdivisions.

FULL TEXT:
AN ACT relating to amendment of restrictions in certain residential real estate subdivisions. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 211.001(4), 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 [that] is not located within a municipality and: (i) for a county with a population of less than 65,000, is not located [or] 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; (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. Section 211.002(a), 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 [in whole or in part] 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.SECTION 3. This Act takes effect September 1, 2011.