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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for condominium plats or plans. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 82.059(b) and (d), Property Code, are |
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amended to read as follows: |
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(b) Each plat must show: |
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(1) the name and a survey or general schematic map of |
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the entire condominium; |
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(2) the location and dimensions of all real property |
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not subject to development rights, or subject only to the |
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development right to withdraw, and the location and dimensions of |
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all existing improvements within that real property; |
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(3) a legally sufficient description of any real |
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property subject to development rights, labeled to identify the |
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rights applicable to each parcel; |
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(4) the extent of any encroachments by or on any |
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portion of the condominium; |
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(5) to the extent feasible, a legally sufficient |
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description of all easements serving or burdening any portion of |
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the condominium, and the location of any underground utility line |
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that is actually known by the declarant at the time of filing the |
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declaration to have been constructed outside a recorded easement; |
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(6) the location and dimensions of any vertical unit |
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boundaries not shown or projected on recorded plans and the unit's |
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identifying number; |
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(7) the location of horizontal unit boundaries, if |
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any, with reference to established data, unless described in the |
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declaration or [of any horizontal unit boundaries not] shown or |
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projected on recorded plans, and the unit's identifying number; |
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(8) a legally sufficient description of any real |
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property in which the unit owners will own only an estate for years, |
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labeled as "leasehold real property"; |
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(9) the distance between noncontiguous parcels of real |
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property constituting the condominium; |
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(10) the location and dimensions of limited common |
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elements, other than those described by Sections 82.052(2) and (4); |
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(11) in the case of real property not subject to |
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development rights, all other matters required by law on land |
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surveys; and |
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(12) the distance and bearings locating each building |
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from all other buildings and from at least one boundary line of the |
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real property constituting the condominium. |
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(d) To the extent not shown on the plats, plans must show: |
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(1) the location and dimensions of the vertical |
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boundaries of each unit, and the unit's identifying number; |
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(2) the horizontal unit boundaries, if any, with |
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reference to established data, unless described in the declaration, |
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and the unit's identifying number; and |
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(3) any units, appropriately identified, in which the |
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declarant has reserved the right to create additional units or |
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common elements. |
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SECTION 2. The changes in law made by this Act apply only to |
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a declaration, plat, or plan of a condominium for which the |
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declaration was recorded on or after the effective date of this Act. |
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A declaration, plat, or plan of a condominium for which the |
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declaration was recorded before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |
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