reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 201 - Restrictive Covenants Applicable to Certain Subdivisions › Section 201.006. Petition Procedure

Sec. 201.006.  PETITION PROCEDURE.  (a)  A petition may be circulated, signed, acknowledged, and filed by or on behalf of owners at any time during the circulating committee's existence.  The petition must conform to the requirements of Section 201.007.
(b)  The petition may be filed not later than one year after the date on which the notice required by Section 201.005(a) is filed. The petition must be signed and acknowledged by owners who own, in the aggregate:
(1)  a majority of the total number of lots in the subdivision, in order to extend, renew, or create restrictions;
(2)  a majority of the total number of separately owned parcels, tracts, or building sites in the subdivision, whether or not the parcels, tracts, or building sites contain part or all of one or more platted lots or combinations of lots, in order to extend, renew, or create restrictions;
(3)  a majority of the square footage within all of the lots in the subdivision, excluding any area dedicated or used exclusively for roadways or public purposes or by utilities, in order to extend, renew, or create restrictions;
(4)  at least 75 percent of the total number of lots in the subdivision, in order to modify or add to existing restrictions;
(5)  at least 75 percent of the total number of separately owned parcels, tracts, or building sites in the subdivision, whether or not the parcels, tracts, or building sites contain part or all of one or more platted lots or combination of lots, in order to modify or add to existing restrictions;  or
(6)  at least 75 percent of the square footage within all of the lots in the subdivision, excluding any area dedicated or used exclusively for roadways or public purposes or by utilities, in order to modify or add to existing restrictions.
(c)  If, after August 31, 1988, a court of competent jurisdiction holds any provision of a restrictive covenant affecting a subdivision to which this chapter applies invalid, a petition committee authorized by this chapter may file a petition not later than one year after the date on which the judgment is rendered.  For this purpose, the five-year limitation period in Section 201.005(f) does not apply.
(d)  The petition is effective if signed and acknowledged by the required number of owners of any one of the classifications of property specified in Subsection (b) and is filed as provided by Subsection (f).
(e)  After an owner signs a petition, the fact that the owner subsequently conveys the land in the subdivision does not affect the previous signing of the petition.
(f)  The petition must be filed with the county clerk of each county in which the subdivision is located.
Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 712, Sec. 4, eff. June 18, 1987;  Acts 1991, 72nd Leg., ch. 822, Sec. 4, eff. Sept. 1, 1991.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 201 - Restrictive Covenants Applicable to Certain Subdivisions › Section 201.008. Notice and Certificate of Compliance

Sec. 201.008.  NOTICE AND CERTIFICATE OF COMPLIANCE.  (a)  Not later than the 60th day after the date on which a petition that meets the requirements of this chapter is filed, the committee shall give notice directed to all persons who then are record owners of property in the subdivision.  The notice must contain:
(1)  the name of the subdivision covered by the petition;
(2)  a copy of the petition;
(3)  a statement that the proper number of property owners in the subdivision have signed and acknowledged the petition;  and
(4)  the date the petition was filed with the county clerk.
(b)  Except as provided by Subsection (d), the notice required by Subsection (a) must be:
(1)  published once a week for two consecutive weeks in a newspaper of general circulation in the county or counties where the subdivision is located;  and
(2)  sent by certified mail, return receipt requested, to each person who owned land in the subdivision as of the date the notice is given, excluding the owners of land dedicated for public use or for use by utilities.
(c)  If the committee acts in good faith in determining ownership and giving notice as required by this section, the failure to give personal notice to an owner does not affect the application of an extension, modification, or creation of, or addition to, a restriction under this chapter to the property of a person who signed the petition.
(d)  Instead of the information required by Subsection (a)(2), a notice published as required by Subsection (b)(1) may contain a general description of the purpose and effect of the petition.
(e)  On compliance with the notice requirements of this section, a majority of the members of the committee shall execute a certificate of compliance and file the certificate with the county clerk of each county where the subdivision is located.
(f)  The county clerk of each county shall record the certificate in the real property records of the county.
Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 201 - Restrictive Covenants Applicable to Certain Subdivisions › Section 201.010. Action and Limitations of Remedies

Sec. 201.010.  ACTION AND LIMITATIONS OF REMEDIES.  (a)  If an owner and the owner's predecessors in interest neither signed the petition nor filed the statement described in the fourth listed category in Section 201.009(b), the owner may file a suit for declaratory judgment in a court of competent jurisdiction:
(1)  to challenge the completeness or regularity of the procedures leading to the recordation of a certificate, if the suit is filed before the 181st day after the date on which the certificate is filed with the county clerk;  or
(2)  to exclude the owner's property from the operation of the extended, modified, added to, or created restriction.
(b)  A suit for a declaratory judgment must name as defendants the final members of the petition committee who are owners of property in the subdivision at the time of the filing of the suit.  In addition, a suit for a declaratory judgment must name all other owners of property in the subdivision as defendants, either as individuals or as members of a class.
(c)  An owner who files a suit for the second listed purpose in Subsection (a) is entitled to relief only if the owner pleads and establishes that the conditions of land use within the subdivision at the time the certificate was filed were incompatible with the restriction.  As an alternative to excluding a specific parcel of land from the operation of the restriction, a court may alter the restriction as it applies to the parcel to better conform to the incompatible conditions.
(d)  The remedies in this section are exclusive of all others in actions brought to challenge a restriction extended, modified, added to, or created under this chapter.  The filing of an action for the first listed purpose in Subsection (a) does not prevent the restriction from taking effect in accordance with its terms pending a final judgment.
Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 201 - Restrictive Covenants Applicable to Certain Subdivisions › Section 201.011. Prohibition of Claim of Lack of Mutuality

Sec. 201.011.  PROHIBITION OF CLAIM OF LACK OF MUTUALITY.  If a petition procedure is completed under this chapter, the owners of property within the subdivision whose property is covered by the petition may not raise in any judicial proceeding the issue that the restrictions added, modified, created, or extended under this chapter are not enforceable on the grounds that the restrictions are not applicable to all of the property in the subdivision.
Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 201 - Restrictive Covenants Applicable to Certain Subdivisions › Section 201.012. Multiple Filing; Computation of Filing Date

Sec. 201.012.  MULTIPLE FILING;  COMPUTATION OF FILING DATE.  For purposes of this chapter, an instrument required to be filed with the clerk of more than one county is considered filed on the date on which the last required filing is made.
Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 201 - Restrictive Covenants Applicable to Certain Subdivisions › Section 201.013. Cumulative Effect

Sec. 201.013.  CUMULATIVE EFFECT.  The procedure prescribed by this chapter for adding to, modifying, creating, or extending the term of a restriction is cumulative and not in lieu of other methods of adding to, modifying, creating, or extending a restriction.
Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 202 - Construction and Enforcement of Restrictive Covenants › Section 202.001. Definitions

Sec. 202.001.  DEFINITIONS.  In this chapter:
(1)  "Dedicatory instrument" means each document governing the establishment, maintenance, or operation of a residential subdivision, planned unit development, condominium or townhouse regime, or any similar planned development.  The term includes a declaration or similar instrument subjecting real property to:
(A)  restrictive covenants, bylaws, or similar instruments governing the administration or operation of a property owners' association;
(B)  properly adopted rules and regulations of the property owners' association; or
(C)  all lawful amendments to the covenants, bylaws, instruments, rules, or regulations.
(2)  "Property owners' association" means an incorporated or unincorporated association owned by or whose members consist primarily of the owners of the property covered by the dedicatory instrument and through which the owners, or the board of directors or similar governing body, manage or regulate the residential subdivision, planned unit development, condominium or townhouse regime, or similar planned development.
(3)  "Petition" means one or more instruments, however designated or entitled, by which one or more actions relating to restrictive covenants are sought to be accomplished.
(4)  "Restrictive covenant" means any covenant, condition, or restriction contained in a dedicatory instrument, whether mandatory, prohibitive, permissive, or administrative.
(5)  "Front yard" means a yard within a lot having a front building setback line with a setback of not less than 15 feet extending the full width of the lot between the front lot line and the front building setback line.
Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1142 (H.B. 1821), Sec. 2, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 1389 (H.B. 680), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 202 - Construction and Enforcement of Restrictive Covenants › Section 202.002. Applicability of Chapter

Sec. 202.002.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies to all restrictive covenants regardless of the date on which they were created.
(b)  This chapter does not affect the requirements of Chapter 123, Human Resources Code.
Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 291 (S.B. 1768), Sec. 9, eff. May 29, 2023.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 202 - Construction and Enforcement of Restrictive Covenants › Section 202.003. Construction of Restrictive Covenants

Sec. 202.003.  CONSTRUCTION OF RESTRICTIVE COVENANTS.  (a)  A restrictive covenant shall be liberally construed to give effect to its purposes and intent.
(b)  In this subsection, "family home" is a residential home that meets the definition of and requirements applicable to a family home under Chapter 123, Human Resources Code.  A dedicatory instrument or restrictive covenant may not be construed to prevent the use of property as a family home.  However, any restrictive covenant that applies to property used as a family home shall be liberally construed to give effect to its purposes and intent except to the extent that the construction would restrict the use as a family home.
Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 291 (S.B. 1768), Sec. 10, eff. May 29, 2023.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 202 - Construction and Enforcement of Restrictive Covenants › Section 202.004. Enforcement of Restrictive Covenants

Sec. 202.004.  ENFORCEMENT OF RESTRICTIVE COVENANTS.  (a)  An exercise of discretionary authority by a property owners' association or other representative designated by an owner of real property concerning a restrictive covenant is presumed reasonable unless the court determines by a preponderance of the evidence that the exercise of discretionary authority was arbitrary, capricious, or discriminatory.
(b)  A property owners' association or other representative designated by an owner of real property may initiate, defend, or intervene in litigation or an administrative proceeding affecting the enforcement of a restrictive covenant or the protection, preservation, or operation of the property covered by the dedicatory instrument.
(c)  A court may assess civil damages for the violation of a restrictive covenant in an amount not to exceed $200 for each day of the violation.
Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 202 - Construction and Enforcement of Restrictive Covenants › Section 202.005. Withdrawal of Signature

Sec. 202.005.  WITHDRAWAL OF SIGNATURE.  (a)  A signature may be withdrawn from a petition authorized to be filed in connection with terminating restrictive covenants, as provided by this section.
(b)  To withdraw a signature, the signer must request that the signature be withdrawn.
(c)  To be effective, a withdrawal request must:
(1)  be in writing and be signed and acknowledged by the signer of the petition;
(2)  be filed with the authority with whom the petition is required to be filed not later than the day before the petition filing deadline, if any;  and
(3)  be delivered in the form of a copy of the request to the circulator of the petition not later than the date the request is filed or by the effective date of this chapter, whichever is later.
(d)  A withdrawal request or copy filed or delivered by mail is considered to be filed or delivered at the time of its receipt by the appropriate person.
(e)  The filing of an effective withdrawal request nullifies the signature on the petition and places the signer in the same position as if the signer had not signed the petition.
Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 202 - Construction and Enforcement of Restrictive Covenants › Section 202.006. Public Records

Sec. 202.006.  PUBLIC RECORDS.  (a)  A property owners' association shall file all dedicatory instruments in the real property records of each county in which the property to which the dedicatory instruments relate is located.
(b)  A dedicatory instrument has no effect until the instrument is filed in accordance with this section.
(c)  A property owners' association may not collect a regular assessment, as defined by Section 209.002, if the dedicatory instrument authorizing the collection of the regular assessment is not filed as required by Subsection (a).
Added by Acts 1999, 76th Leg., ch. 1420, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1142 (H.B. 1821), Sec. 3, eff. January 1, 2012.
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 202 - Construction and Enforcement of Restrictive Covenants › Section 202.011. Regulation of Certain Roofing Materials

Sec. 202.011.  REGULATION OF CERTAIN ROOFING MATERIALS.  A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner who is otherwise authorized to install shingles on the roof of the owner's property from installing shingles that:
(1)  are designed primarily to:
(A)  be wind and hail resistant;
(B)  provide heating and cooling efficiencies greater than those provided by customary composite shingles; or
(C)  provide solar generation capabilities; and
(2)  when installed:
(A)  resemble the shingles used or otherwise authorized for use on property in the subdivision;
(B)  are more durable than and are of equal or superior quality to the shingles described by Paragraph (A); and
(C)  match the aesthetics of the property surrounding the owner's property.
Added by Acts 2011, 82nd Leg., R.S., Ch. 939 (H.B. 362), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 202 - Construction and Enforcement of Restrictive Covenants › Section 202.012. Flag Display

Sec. 202.012.  FLAG DISPLAY.  (a)  A property owners' association may not, except as provided in this section, adopt or enforce a dedicatory instrument provision that prohibits, restricts, or has the effect of prohibiting or restricting an owner from the display of:
(1)  the flag of the United States of America;
(2)  the flag of the State of Texas; or
(3)  an official or replica flag of any branch of the United States armed forces.
(b)  A property owners' association may adopt or enforce reasonable dedicatory instrument provisions:
(1)  that require:
(A)  the flag of the United States be displayed in accordance with 4 U.S.C. Sections 5-10;
(B)  the flag of the State of Texas be displayed in accordance with Chapter 3100, Government Code;
(C)  a flagpole attached to a dwelling or a freestanding flagpole be constructed of permanent, long-lasting materials, with a finish appropriate to the materials used in the construction of the flagpole and harmonious with the dwelling;
(D)  the display of a flag, or the location and construction of the supporting flagpole, to comply with applicable zoning ordinances, easements, and setbacks of record; and
(E)  a displayed flag and the flagpole on which it is flown be maintained in good condition and that any deteriorated flag or deteriorated or structurally unsafe flagpole be repaired, replaced, or removed;
(2)  that regulate the size, number, and location of flagpoles on which flags are displayed, except that the regulation may not prevent the installation or erection of at least one flagpole per property that:
(A)  is not more than 20 feet in height and, subject to applicable zoning ordinances, easements, and setbacks of record, is located in the front yard of the property; or
(B)  is attached to any portion of a residential structure owned by the property owner and not maintained by the property owners' association;
(3)  that govern the size of a displayed flag;
(4)  that regulate the size, location, and intensity of any lights used to illuminate a displayed flag;
(5)  that impose reasonable restrictions to abate noise caused by an external halyard of a flagpole; or
(6)  that prohibit a property owner from locating a displayed flag or flagpole on property that is:
(A)  owned or maintained by the property owners' association; or
(B)  owned in common by the members of the association.
(c)  A property owner who has a front yard and who otherwise complies with any permitted property owners' association regulations may elect to install a flagpole in accordance with either Subsection (b)(2)(A) or Subsection (b)(2)(B).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1028 (H.B. 2779), Sec. 1, eff. June 17, 2011.
Redesignated from Property Code, Section 202.011 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(40), eff. September 1, 2013.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1389 (H.B. 680), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 202 - Construction and Enforcement of Restrictive Covenants › Section 202.018. Regulation of Display of Certain Religious Items

Sec. 202.018.  REGULATION OF DISPLAY OF CERTAIN RELIGIOUS ITEMS.  (a)  Except as otherwise provided by this section, a property owners' association may not enforce or adopt a provision in a dedicatory instrument, including a restrictive covenant, that prohibits a property owner or resident from displaying or affixing on the owner's or resident's property or dwelling one or more religious items the display of which is motivated by the owner's or resident's sincere religious belief.
(b)  This section does not prohibit the enforcement or adoption of a provision in a dedicatory instrument, including a restrictive covenant, that, to the extent allowed by the constitution of this state and the United States, prohibits the display or affixing of a religious item on the owner's or resident's property or dwelling that:
(1)  threatens the public health or safety;
(2)  violates a law other than a law prohibiting the display of religious speech;
(3)  contains language, graphics, or any display that is patently offensive to a passerby for reasons other than its religious content;
(4)  is installed on property:
(A)  owned or maintained by the property owners' association; or
(B)  owned in common by members of the property owners' association;
(5)  violates any applicable building line, right-of-way, setback, or easement; or
(6)  is attached to a traffic control device, street lamp, fire hydrant, or utility sign, pole, or fixture.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 196 (S.B. 581), Sec. 2, eff. May 31, 2021, and Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(1), eff. September 1, 2021..
(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 196 (S.B. 581), Sec. 2, eff. May 31, 2021, and Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(1), eff. September 1, 2021.
Added by Acts 2011, 82nd Leg., R.S., Ch. 263 (H.B. 1278), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 196 (S.B. 581), Sec. 1, eff. May 31, 2021.
Acts 2021, 87th Leg., R.S., Ch. 196 (S.B. 581), Sec. 2, eff. May 31, 2021.
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 2, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(1), eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 202 - Construction and Enforcement of Restrictive Covenants › Section 202.020. Certain Sales of Beverages by Children

Sec. 202.020.  CERTAIN SALES OF BEVERAGES BY CHILDREN.  (a) A property owners' association of a residential subdivision may not adopt or enforce a restrictive covenant that prohibits or regulates, including by requiring a permit or fee, the occasional sale of lemonade or other nonalcoholic beverages from a stand on property located in the subdivision by an individual younger than 18 years of age who has the permission of a property owner in the subdivision for the sale.
(b)  A property owners' association:
(1)  does not owe a duty of care to persons participating in a beverage sale described by Subsection (a); and
(2)  is not liable for any injury to persons participating in a beverage sale described by Subsection (a), except for wilful or wanton acts or gross negligence of the association.
Added by Acts 2019, 86th Leg., R.S., Ch. 1027 (H.B. 234), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 202 - Construction and Enforcement of Restrictive Covenants › Section 202.021. Regulation of Firearms or Firearm Ammunition

Sec. 202.021.  REGULATION OF FIREARMS OR FIREARM AMMUNITION.  A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting any person who is otherwise authorized from lawfully possessing, transporting, or storing a firearm, any part of a firearm, or firearm ammunition, as well as the otherwise lawful discharge of a firearm.
Added by Acts 2019, 86th Leg., R.S., Ch. 972 (S.B. 741), Sec. 1, eff. September 1, 2019.
Redesignated from Property Code, Section 202.020 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(63), eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 202 - Construction and Enforcement of Restrictive Covenants › Section 202.022. Swimming Pool Enclosures

Sec. 202.022.  SWIMMING POOL ENCLOSURES.  (a)  In this section, "swimming pool enclosure" means a fence that:
(1)  surrounds a water feature, including a swimming pool or spa;
(2)  consists of transparent mesh or clear panels set in metal frames;
(3)  is not more than six feet in height; and
(4)  is designed to not be climbable.
(b)  A property owners' association:
(1)  may not adopt or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing on the property owner's property a swimming pool enclosure that conforms to applicable state or local safety requirements; and
(2)  may adopt and enforce a provision in a dedicatory instrument establishing limitations related to the appearance of a swimming pool enclosure, including limitations establishing permissible colors for a swimming pool enclosure, provided that the provision does not prohibit a swimming pool enclosure that is black in color and consists of transparent mesh set in metal frames.
Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 202 - Construction and Enforcement of Restrictive Covenants › Section 202.023. Security Measures

Sec. 202.023.  SECURITY MEASURES.  (a)  This section does not apply to:
(1)  a condominium as defined by Section 81.002 or 82.003; or
(2)  a master mixed-use property owners' association subject to Chapter 215.
(b)  Except as provided by Subsection (c), a property owners' association may not adopt or enforce a restrictive covenant that prevents a property owner from building or installing security measures, including but not limited to a security camera, motion detector, or perimeter fence.
(c)  This section does not prohibit a property owners' association from:
(1)  prohibiting the installation of a security camera by a property owner in a place other than the property owner's private property; or
(2)  regulating the type of fencing that a property owner may install.
Added by Acts 2021, 87th Leg., R.S., Ch. 716 (H.B. 3571), Sec. 1, eff. June 15, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 202 - Construction and Enforcement of Restrictive Covenants › Section 202.024. Discrimination Against Tenant Based on Method of Payment Prohibited

Sec. 202.024.  DISCRIMINATION AGAINST TENANT BASED ON METHOD OF PAYMENT PROHIBITED.  (a)  In this section, "method of payment" includes payment made in whole or in part by:
(1)  a housing choice voucher under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 1437f); or
(2)  any other federal or state or local housing assistance provided to a person or to a property owner on behalf of a person, including rental vouchers, rental assistance, or rental subsidies from a nongovernmental organization.
(b)  A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from renting a dwelling to a person based on the person's method of payment.
Added by Acts 2023, 88th Leg., R.S., Ch. 987 (H.B. 1193), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 203 - Enforcement of Land Use Restrictions in Certain Counties › Section 203.001. Applicability of Chapter

Sec. 203.001.  APPLICABILITY OF CHAPTER.  This chapter applies only to a county with a population of more than 200,000.
Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.  Amended by Acts 1997, 75th Leg., ch. 274, Sec. 2, eff. May 26, 1997.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 203 - Enforcement of Land Use Restrictions in Certain Counties › Section 203.002. Definition

Sec. 203.002.  DEFINITION.  In this chapter, "restriction" means a limitation that affects the use to which real property may be put, fixes the distance at which buildings or other structures must be set back from property, street, or lot lines, affects the size of lots, or affects the size, type, or number of buildings or other structures that may be built on the property.
Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 203 - Enforcement of Land Use Restrictions in Certain Counties › Section 203.003. County Attorney Authorized to Enforce Restrictions

Sec. 203.003.  COUNTY ATTORNEY AUTHORIZED TO ENFORCE RESTRICTIONS.  (a)  The county attorney may sue in a court of competent jurisdiction to enjoin or abate violations of a restriction contained or incorporated by reference in a properly recorded plan, plat, replat, or other instrument affecting a real property subdivision located in the county, regardless of the date on which the instrument was recorded.
(b)  The county attorney may not enforce a restriction relating to race or any other restriction that violates the state or federal constitution.
Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 203 - Enforcement of Land Use Restrictions in Certain Counties › Section 203.004. Administrative Fee

Sec. 203.004.  ADMINISTRATIVE FEE.  (a)  A complaint filed in connection with Section 203.003 must be accompanied by an administrative fee prescribed by the county commissioners court.  The amount of the fee may not exceed the administrative costs to be incurred by the county in pursuing the matter.
(b)  The administrative fee shall be deposited in a special county fund.  The fund may be used only to administer this chapter.
(c)  The commissioners court may waive the administrative fee if the complainant files with the complaint a hardship affidavit in a form approved by the commissioners court.
Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 203 - Enforcement of Land Use Restrictions in Certain Counties › Section 203.005. Court Costs and Attorney's Fees

Sec. 203.005.  COURT COSTS AND ATTORNEY'S FEES.  (a)  The county may be awarded court costs and attorney's fees in a successful action under this chapter.
(b)  If the court costs and attorney's fees awarded to the county, together with the administrative fee collected under Section 203.004, exceed the county's expenses in a successful action under this chapter, any portion of the excess that does not exceed the amount of the administrative fee collected by the county shall be refunded to the complainant.
Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 204 - Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions › Section 204.001. Definitions

Sec. 204.001.  DEFINITIONS.  In this chapter:
(1)  "Restrictions," "residential real estate subdivision," "subdivision," "owner," "real property records," and "lienholder" have the meanings assigned by Section 201.003.
(2)  "Dedicatory instrument," "petition," and "restrictive covenant" have the meanings assigned by Section 202.001.
(3)  "Regular assessment" means an assessment, charge, fee, or dues that each owner of property within a subdivision is required to pay to the property owners' association on a regular basis and that are to be used by the association for the benefit of the subdivision in accordance with the original, extended, added, or modified restrictions.
(4)  "Special assessment" means an assessment, charge, fee, or dues that each owner of property within a subdivision is required to pay to the property owners' association, after a vote of the membership, for the purpose of paying for the costs of capital improvements to the common areas that are incurred or will be incurred by the association during the fiscal year.  A special assessment may be assessed before or after the association incurs the capital improvement costs.
Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 204 - Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions › Section 204.002. Application

Sec. 204.002.  APPLICATION.  (a)  This chapter applies only to a residential real estate subdivision, excluding a condominium development governed by Title 7 that is located in whole or in part:
(1)  in a county with a population of 3.3 million or more;
(2)  in a county with a population of not less than 315,000 and not more than 351,000 that is adjacent to the Gulf of Mexico and that is adjacent to a county having a population of 3.3 million or more; or
(3)  in a county with a population of 275,000 or more that:
(A)  is adjacent to a county with a population of 3.3 million or more; and
(B)  contains part of a national forest.
(b)  This chapter applies to a restriction regardless of its effective date.
(c)  This chapter does not apply to portions of a subdivision that are zoned for or that contain a commercial structure, an industrial structure, an apartment complex, or a condominium development governed by Title 7, Property Code.  For purposes of this subsection, "apartment complex" means two or more dwellings in one or more buildings that are owned by the same owner, located on the same lot or tract, and managed by the same owner, agent, or management company.
Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.  Amended by Acts 2003, 78th Leg., ch. 547, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1078 (H.B. 1632), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 110, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 211, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 204 - Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions › Section 204.003. Application of Provisions of Restrictive Covenants in Certain Circumstances

Sec. 204.003.  APPLICATION OF PROVISIONS OF RESTRICTIVE COVENANTS IN CERTAIN CIRCUMSTANCES.  (a)  An express designation in a document creating restrictions applicable to a residential real estate subdivision that provides for the extension of, addition to, or modification of existing restrictions by a designated number of owners of real property in the subdivision prevails over the provisions of this chapter.
(b)  Notwithstanding Subsection (a), for a residential subdivision described by Subsection (c), the provisions of this chapter prevail over an express designation in a document described by Subsection (a) if:
(1)  the designated number of owners of real property in the subdivision required for approval of an extension of, addition to, or modification of the document is more than 75 percent; or
(2)  the designation prohibits the extension of, addition to, or modification of an existing restriction for a certain time period and that time period has not expired.
(c)  Subsection (b) applies to a residential subdivision that is located in a county described by Section 204.002(a)(3) other than a gated community with private streets.
(d)  A document creating restrictions that provides for the extension or renewal of restrictions and does not provide for modification or amendment of restrictions may be modified under this chapter, including modifying the provision that provides for extension or renewal of the restrictions.
Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 767 (H.B. 3518), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1367 (H.B. 3674), Sec. 5, eff. September 1, 2007.
Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 20.004, eff. September 1, 2009.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 204 - Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions › Section 204.004. Property Owners' Association

Sec. 204.004.  PROPERTY OWNERS' ASSOCIATION.  (a)  A property owners' association is a designated representative of the owners of property in a subdivision and may be referred to as a "homeowners association," "community association," "civic association," "civic club," "association," "committee," or similar term contained in the restrictions.  The membership of the association consists of the owners of property within the subdivision.
(b)  The association must be nonprofit and may be incorporated as a Texas nonprofit corporation.  An unincorporated association may incorporate under the Texas Nonprofit Corporation Law, as described by Section 1.008(d), Business Organizations Code.
(c)  The association's board of directors or trustees must be elected or appointed in accordance with the applicable provisions of the restrictions and the association's articles of incorporation or bylaws.
Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 291 (S.B. 1768), Sec. 11, eff. May 29, 2023.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 204 - Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions › Section 204.005. Extension Of, Addition To, or Modification of Existing Restrictions

Sec. 204.005.  EXTENSION OF, ADDITION TO, OR MODIFICATION OF EXISTING RESTRICTIONS.  (a)  A property owners' association has authority to approve and circulate a petition relating to the extension of, addition to, or modification of existing restrictions.  A property owners' association is not required to comply with Sections 201.009-201.012.
(b)  A petition to extend, add to, or modify existing restrictions approved and circulated by a property owners' association is effective if:
(1)  the petition is approved by the owners, excluding lienholders, contract purchasers, and the owners of mineral interests, of at least 75 percent of the real property in the subdivision or a smaller percentage required by the original dedicatory instrument;  and
(2)  the petition is filed as a dedicatory instrument with the county clerk of the county in which the subdivision is located.
(c)  If a subdivision consisting of multiple sections, each with its own restrictions, is represented by a single property owners' association, the approval requirement may be satisfied by obtaining approval of at least 75 percent of the owners on a section-by-section basis or of the total number of properties in the property owners' association's jurisdiction.
(d)  If approved, the petition is binding on all properties in the subdivision or section, as applicable.
(e)  A property owners' association that circulates a petition must notify all record owners of property in the subdivision in writing of the proposed extension, addition to, or modification of the existing restrictions.  Notice may be hand-delivered to residences within the subdivision or sent by regular mail to the owner's last known mailing address as reflected in the ownership records maintained by the property owners' association.  The approval of multiple owners of a property may be reflected by the signature of a single co-owner.
Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 204 - Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions › Section 204.006. Creation of Property Owners' Association

Sec. 204.006.  CREATION OF PROPERTY OWNERS' ASSOCIATION.  (a)  If existing restrictions applicable to a subdivision do not provide for a property owners' association and require approval of more than 60 percent of the owners to add to or modify the original dedicating instrument, a petition to add to or modify the existing restrictions for the sole purpose of creating and operating a property owners' association with mandatory membership, mandatory regular or special assessments, and equivalent voting rights for each of the owners in the subdivision is effective if:
(1)  a petition committee has been formed as prescribed by Section 201.005;
(2)  the petition is approved by the owners, excluding lienholders, contract purchasers, and the owners of mineral interests, of at least 60 percent of the real property in the subdivision;  and
(3)  the procedure employed in the circulation and approval of the petition to add to or amend the existing restrictions for the specified purpose complies with the requirements of this chapter.
(b)  If the circulated petition is not approved by the required percentage of owners within one year of the creation of the petition committee, the petition is void and another petition committee may be formed.
(c)  If the petition is approved, the petition is binding on all properties in the subdivision or section, as applicable.
Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 204 - Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions › Section 204.007. Effect on Lienholders

Sec. 204.007.  EFFECT ON LIENHOLDERS.  (a)  Extensions of, additions to, or modifications of restrictions under this chapter are binding on a lienholder, excluding restrictions relating to regular or special assessment increases if the assessment is not subordinated to purchase money or home improvement liens.
(b)  If the assessment lien of the property owners' association is subordinate to purchase money or home improvement liens, the lienholder is not entitled to notice of the proposed dedicatory instrument and the lienholder is bound by the instrument if the instrument is approved.  If the assessment lien is not subordinated, a lienholder who is not a signatory to the dedicatory instrument and whose lien was established before the effective date of the dedicatory instrument is not bound by the portion of the dedicatory instrument that increases the amount of the regular or special assessment during any period of ownership by the lienholder.
(c)  A person who acquires title to the property at a foreclosure sale or by deed from a foreclosing lienholder is bound by the assessment increase.
Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 204 - Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions › Section 204.008. Method of Adoption

Sec. 204.008.  METHOD OF ADOPTION.  An extension, addition to, or modification of restrictions proposed by a property owners' association may be adopted:
(1)  by a written ballot that states the substance of the amendment and specifies the date by which a ballot must be received to be counted;
(2)  at a meeting of the members represented by the property owners' association if written notice of the meeting stating the purpose of the meeting is delivered to each owner of property in the subdivision;
(3)  by door-to-door circulation of a petition by the property owners' association or a person authorized by the property owners' association;
(4)  by a method permitted by the existing restrictions;  or
(5)  by a combination of the methods described by this section.
Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 204 - Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions › Section 204.009. Texas Nonprofit Corporations

Sec. 204.009.  TEXAS NONPROFIT CORPORATIONS.  (a)  If the property owners' association is referenced in the existing, extended, added to, or modified restrictions as a Texas nonprofit corporation, the instrument contemplates the interaction of a nonprofit corporation, its articles of incorporation, and its bylaws.
(b)  The property owners' association has the powers and shall promote the purposes enumerated in the articles of incorporation and bylaws.  These powers and purposes necessarily modify the express provisions of the restrictions to include the referenced powers and purposes.
Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 205 - Restrictive Covenants Applicable to Revised Subdivisions in Certain Counties › Section 205.001. Definitions

Sec. 205.001.  DEFINITIONS.  In this chapter:
(1)  "Restrictions" and "subdivision" have the meanings assigned by Section 201.003.
(2)  "Property owners' association" has the meaning assigned by Section 202.001.
Added by Acts 1995, 74th Leg., ch. 1040, Sec. 3, eff. Aug. 28, 1995.  Amended by Acts 1997, 75th Leg., ch. 451, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 205 - Restrictive Covenants Applicable to Revised Subdivisions in Certain Counties › Section 205.002. Applicability

Sec. 205.002.  APPLICABILITY.  This chapter applies only to a county with a population of 65,000 or more.
Added by Acts 1995, 74th Leg., ch. 1040, Sec. 3, eff. Aug. 28, 1995.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 205 - Restrictive Covenants Applicable to Revised Subdivisions in Certain Counties › Section 205.003. Restrictions Applicable to Revised Subdivisions

Sec. 205.003.  RESTRICTIONS APPLICABLE TO REVISED SUBDIVISIONS.  (a)  If all or part of a subdivision plat is revised to provide for another subdivision of land within all or part of the earlier subdivision, the restrictions that apply to the subdivision before the revision apply to the newly created subdivision.
(b)  The property owners of the newly created subdivision must comply with the petition procedures prescribed by Chapter 204 to modify the restrictions.
Added by Acts 1995, 74th Leg., ch. 1040, Sec. 3, eff. Aug. 28, 1995.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 205 - Restrictive Covenants Applicable to Revised Subdivisions in Certain Counties › Section 205.004. Amendment of Restrictions by Governing Body of Property Owners' Association

Sec. 205.004.  AMENDMENT OF RESTRICTIONS BY GOVERNING BODY OF PROPERTY OWNERS' ASSOCIATION.  (a)  The governing body of a property owners' association may amend the restrictions for the limited purpose of complying with United States Department of Housing and Urban Development or United States Department of Veterans Affairs requirements for subdivision property to qualify for insured or guaranteed mortgage loans.
(b)  An amendment adopted under this section must:
(1)  indicate that the amendment is adopted under authority of this section by specifically referencing this section;
(2)  be signed by a majority of the governing body;  and
(3)  be filed in the real property records of the county in which the subdivision is located.
Added by Acts 1997, 75th Leg., ch. 451, Sec. 5, eff. Sept. 1, 1997.