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Texas Laws | Property Code
PROPERTY CODE
TITLE 10. MISCELLANEOUS BENEFICIAL PROPERTY INTERESTS

Acts 1983, 68th Leg., p. 3726, ch. 576, Sec. 1, eff. Jan. 1, 1984. (11152)

SUBCHAPTER C. EXERCISE OF POWERS OF APPOINTMENT (11153)(Text)
Sec. 181.081. EXTENT OF POWER. (11154)(Text)

Unless an instrument creating a power expressly provides to the contrary, a donee may exercise a power in any manner consistent with this subchapter. (11155)

Added by Acts 2003, 78th Leg., ch. 551, Sec. 2, eff. Sept. 1, 2003. (11156)

Sec. 181.082. GENERAL EXERCISE. (11157)(Text)

In exercising a power, a donee may make an appointment: (11158)

(1) of present, future, or present and future interests; (11159)

(2) with conditions and limitations; (11160)

(3) with restraints on alienation; (11161)

(4) of interests to a trustee for the benefit of one or more objects of the power; and (11162)

(5) that creates any right existing under common law. (11163)

Added by Acts 2003, 78th Leg., ch. 551, Sec. 2, eff. Sept. 1, 2003. (11164)

Sec. 181.083. CREATING ADDITIONAL POWERS. (11165)(Text)

(a) In exercising a power, a donee may make appointments that create in the objects of the power additional powers of appointment. The additional powers of appointment must be exercisable in favor of objects of the power who would have been permissible objects under the original donee's power. (11166)

(b) In exercising a power, a donee who may appoint outright to an object of the power may make appointments that create in the object of the power powers exercisable in favor of persons that the original donee may direct, even though the objects of the secondary power of appointment may not have been permissible objects of the original donee's power. (11167)

Added by Acts 2003, 78th Leg., ch. 551, Sec. 2, eff. Sept. 1, 2003. (11168)

TITLE 11. RESTRICTIVE COVENANTS (11169)(Text)

CHAPTER 201. RESTRICTIVE COVENANTS APPLICABLE TO CERTAIN SUBDIVISIONS (11170)(Text)

Sec. 201.001. APPLICATION. (11171)(Text)

(a) This chapter applies to a residential real estate subdivision that is located in whole or in part: (11172)

(1) within a city that has a population of more than 100,000, or within the extraterritorial jurisdiction of such a city; (11173)

(2) in the unincorporated area of: (11174)

(A) a county having a population of 3.3 million or more; or (11175)

(B) a county having a population of 40,000 or more that is adjacent to a county having a population of 3.3 million or more; or (11176)

(3) in the incorporated area of a county having a population of 40,000 or more that is adjacent to a county having a population of 3.3 million or more. (11177)

(b) The provisions of this chapter relating to extension of the term of, renewal of, or creation of restrictions do not apply to a subdivision if, by the express terms of the instrument creating existing restrictions, some or all of the restrictions affecting the real property within the subdivision provide: (11178)

(1) for automatic extensions of the term of the restrictions for an indefinite number of successive specified periods of at least 10 years subject to a right of waiver or termination, in whole or in part, by a specified percentage of less than 50 percent plus one of the owners of real property interests in the subdivision, as set forth in the instrument creating the restrictions; or (11179)

(2) for an indefinite number of successive extensions of at least 10 years of the term of the restrictions by written and filed agreement of a specified percentage of less than 50 percent plus one of the owners of real property interests in the subdivision, as authorized by the instrument creating the restrictions. (11180)

(c) The provisions of this chapter relating to addition to or modification of existing restrictions do not apply to a subdivision if, by the express terms of the instrument creating the restrictions, the restrictions affecting the real property within the subdivision provide for addition to or modification of the restrictions by written and filed agreement of a specified percentage of less than 75 percent of the owners of real property interests in the subdivision, as set forth in the instrument creating the restrictions. A subdivision is excluded under this subsection regardless of whether a provision in the restrictions requires the consent of the developer of the subdivision or an architectural control committee for an addition to or modification of the restrictions. (11181)

(d) A residential real estate subdivision that is or was subject to this chapter at any time remains subject to this chapter regardless of a change in circumstances that removes the subdivision from the applicability requirements of Subsection (a). (11182)

Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 712, Sec. 2, eff. June 18, 1987; Acts 1989, 71st Leg., ch. 556, Sec. 1, eff. June 14, 1989; Acts 1991, 72nd Leg., ch. 821, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 451, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 451, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1127, Sec. 1, eff. Sept. 1, 1999. (11183)

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