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pg. 347

Texas Laws | Property Code

(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. (11264)

(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. (11265)

Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985. (11266)


(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: (11268)

(1) the name of the subdivision covered by the petition; (11269)

(2) a copy of the petition; (11270)

(3) a statement that the proper number of property owners in the subdivision have signed and acknowledged the petition; and (11271)

(4) the date the petition was filed with the county clerk. (11272)

(b) Except as provided by Subsection (d), the notice required by Subsection (a) must be: (11273)

(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 (11274)

(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. (11275)

(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. (11276)

(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. (11277)

(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. (11278)

(f) The county clerk of each county shall record the certificate in the real property records of the county. (11279)

Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985. (11280)


(a) The procedures called for under this chapter are considered complete and regular in all respects unless challenged by a declaratory judgment suit under Section 201.010. (11282)

(b) A restriction added, modified, created, or extended under this chapter does not affect or encumber property within the subdivision that is included within one of the following categories: (11283)

(1) property exclusively dedicated for use by the public or for use by utilities; (11284)

(2) property of an owner who elected in the petition to exclude the property from the restriction; (11285)

(3) property of an owner who did not sign the petition and has not received actual notice of the filing of the petition; (11286)

(4) property of an owner who did not sign the petition and who files, before one year after the date on which the owner received actual notice of the filing of the petition, an acknowledged statement describing the owner's property by reference to the recorded map or plat of the subdivision and stating that the owner elects to have the property deleted and excluded from the operation of the extended, modified, changed, or created restriction; and (11287)

(5) property owned by a minor or a person judicially declared to be incompetent at the time the certificate is filed, unless: (11288)

(A) actual notice of the filing of the petition is given to a guardian of the minor or incompetent person, and the guardian has not filed the statement described in the fourth listed category in this subsection; (11289)

(B) a predecessor in title to the minor or incompetent person signed a petition that was filed while the property was owned by the predecessor; or (11290)

(C) the incompetent person signed a petition that was filed before the judicial declaration of the person's incompetency. (11291)

(c) The county clerk shall file a statement described in the fourth listed category in Subsection (b) in the same manner as the petition and certificate. Substantial compliance by an owner with the requirements for the statement prevents the owner's property from being burdened by an extended, created, added to, or modified restriction if the statement is filed within the time required. (11292)

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