Bill Text: TX HB35 | 2013-2014 | 83rd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the authority of a property owners' association to regulate the use of certain lots for residential purposes.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-06-14 - Effective immediately [HB35 Detail]

Download: Texas-2013-HB35-Introduced.html

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83R131 AJA-F
By: Menendez H.B. No. 35

A BILL TO BE ENTITLED
AN ACT
relating to the authority of a property owners' association to
regulate the use of certain lots for residential purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 209, Property Code, is amended by adding
Section 209.015 to read as follows:
Sec. 209.015. REGULATION OF LAND USE: RESIDENTIAL PURPOSE.
(a) In this section:
(1) "Adjacent lot" means:
(A) a lot that is contiguous to another lot that
fronts on the same street;
(B) with respect to a corner lot, a lot that is
contiguous to the corner lot either by a side or back property line;
or
(C) if permitted by the dedicatory instrument,
any lot that is contiguous to another lot at the back property line.
(2) "Residential purpose" with respect to the use of a
lot:
(A) means the location on the lot of any
building, structure, or other improvement customarily appurtenant
to a residence, as opposed to use for a business or commercial
purpose; and
(B) includes the location on the lot of a garage,
sidewalk, driveway, parking area, children's swing or playscape,
fence, septic system, swimming pool, utility line, or water well
and, if otherwise specifically permitted by the dedicatory
instrument, the parking or storage of a recreational vehicle.
(b) A property owners' association may not adopt or enforce
a provision in a dedicatory instrument that prohibits or restricts
the owner of a lot on which a residence is located from using for
residential purposes an adjacent lot owned by the property owner.
(c) An owner must obtain the approval of the property
owners' association or, if applicable, an architectural committee
established by the association, based on criteria prescribed by the
dedicatory instruments specific to the use of a lot for residential
purposes, including reasonable restrictions regarding size,
location, shielding, and aesthetics of the residential purpose,
before the owner begins the construction, placement, or erection of
a building, structure, or other improvement for the residential
purpose on an adjacent lot.
(d) An owner who elects to use an adjacent lot for
residential purposes under this section shall, on the sale or
transfer of the lot containing the residence:
(1) include the adjacent lot in the sales agreement
and transfer the lot to the new owner under the same dedicatory
conditions; or
(2) restore the adjacent lot to the original condition
before the addition of the improvements allowed under this section
to the extent that the lot would again be suitable for the
construction of a separate residence as originally platted and
provided for in the conveyance to the owner.
(e) An owner may sell the adjacent lot separately only for
the purpose of the construction of a new residence that complies
with existing requirements in the dedicatory instrument unless the
lot has been restored as described by Subsection (d)(2).
(f) A provision in a dedicatory instrument that violates
this section is void.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.