2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 201 - Restrictive Covenants Applicable to Certain Subdivisions › Section 201.007. Contents of Petition

Sec. 201.007.  CONTENTS OF PETITION.  (a)  A petition filed under this chapter must contain or be supplemented by one or more instruments containing:
(1)  the name of the subdivision;
(2)  a reference to the real property records or map or plat records where the instrument or instruments that contain any restriction sought to be extended, added to, or modified are recorded or, in the case of the creation of a restriction, a reference to the place where the map or other document identifying the subdivision is recorded;
(3)  a verbatim statement of any provisions for extension of the term of, or addition to, the restriction;
(4)  if a restriction is being amended or modified, the text of the proposed instrument creating the amendment or modification, together with a comparison of the original restriction that is affected indicating by appropriate deletion and insertion the change to the restriction that is proposed to be amended or modified;
(5)  if a restriction is being created, the text of the proposed instrument creating the restriction;
(6)  original acknowledged signatures of the required number of owners as provided by Section 201.006;
(7)  alternate boxes, clearly identified in a conspicuous manner next to the place for signing the petition, that enable each record owner to mark the appropriate box to show the exercise of the owner's option of either including or excluding the owner's property from being burdened by the restrictions being extended, created, added to, or modified;
(8)  a statement that owners who do not sign the petition must file suit under Section 201.010 before the 181st day after the date on which the certificate called for by Section 201.008(e) is filed in order to challenge the procedures followed in extending, creating, adding to, or modifying a restriction;  and
(9)  a statement that owners who do not sign the petition may delete their property from the operation of the extended, created, added to, or modified restriction by filing a statement described in the fourth listed category in Section 201.009(b) before one year after the date on which the owner receives actual notice of the filing of the petition authorized by this chapter.
(b)  If a restriction being added to, modified, or extended contains any provision relating to race, religion, or national origin that is void and unenforceable under either the United States Constitution or Section 5.026, the void and unenforceable restriction shall, by the provisions of the petition, be declared to be deleted from the restriction as if the provision had never been contained in the restriction.
(c)  Each petition filed under this chapter must contain an assertion from the signing owners that they own record title to property within the subdivision, and the legal description and street address of the property of each signing owner must be shown beside or above the signature.  If there is more than one record owner of a tract, each record owner must sign the petition before the property can be counted as a part of the number required by Section 201.006.
Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985.