2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 201 - Restrictive Covenants Applicable to Certain Subdivisions › Section 201.005. Petition Committee

Sec. 201.005.  PETITION COMMITTEE.  (a)  At least three owners may form a petition committee.  The committee shall file written notice of its formation with the county clerk of each county in which the subdivision is located.
(b)  A notice filed under this chapter must contain:
(1)  a statement that a petition committee has been formed for the extension of the term of, creation of, addition to, or modification of one or more restrictions;
(2)  the name and residential address of each member of the committee;
(3)  the name of the subdivision to which the restrictions apply and a reference to the real property records or map or plat records where the instrument or instruments that contain the restrictions sought to be extended, added to, or modified are recorded or, if the creation of a restriction is proposed, a reference to the place where the map or other document, if any, is recorded;
(4)  a general statement of the matters to be included in the petition;
(5)  if the creation of a restriction for a subdivision is proposed, a copy of the proposed petition creating the restriction;  and
(6)  if the amendment or modification of a restriction is proposed, a copy of the proposed instrument creating the amendment or modification, containing the original restriction that is affected and indicating by appropriate deletion and insertion the change to the restriction that is proposed to be amended or modified.
(c)  Each member of the committee must sign and acknowledge the notice before a notary or other official authorized to take acknowledgments.
(d)  The county clerk shall enter on the notice the date it is filed and record it in the real property records of the county.
(e)  An individual's membership on the committee terminates if the individual ceases to own land in the subdivision.  If a vacancy on the committee occurs, either because a member ceases to own land in the subdivision or because a member resigns or dies, a majority of the remaining members may appoint as a successor an individual who owns land in the subdivision and who consents to serve as a committee member.  If one or more successor committee members are appointed, the surviving committee members shall file written notice of the name and address of each successor committee member with the county clerk not later than the 10th day after the date of the appointment.
(f)  After August 31, 1989, only one committee in a subdivision may file to operate under this chapter at one time.  Before September 1, 1989, there is no limit on the number of committees in a subdivision with power to act under this chapter at one time.  If more than one committee in a subdivision files a notice after August 31, 1989, the committee that files its notice first is the committee with the power to act.  A committee that does not effect a successful petition within the time provided by this chapter is dissolved by operation of law.  Except as provided by Section 201.006(c), a new committee for that subdivision may not be validly created under this chapter before the fifth anniversary of the date of dissolution of the previous committee.  A petition circulated by a dissolved committee is ineffective for any of the purposes of this chapter.
Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 712, Sec. 3, eff. June 18, 1987.