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Texas Laws | Property Code
PROPERTY CODE
TITLE 11. RESTRICTIVE COVENANTS

(b) Except as provided by this section, 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. (11965)

(c) An owner must obtain the approval of the property owners' association or, if applicable, an architectural committee established by the association or the association's dedicatory instruments, 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. (11966)

(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: (11967)

(1) include the adjacent lot in the sales agreement and transfer the lot to the new owner under the same dedicatory conditions; or (11968)

(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. (11969)

(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). (11970)

(f) A provision in a dedicatory instrument that violates this section is void. (11971)

Added by Acts 2013, 83rd Leg., R.S., Ch. 219 (H.B. 35), Sec. 1, eff. June 14, 2013. (11972)

Sec. 209.016. REGULATION OF RESIDENTIAL LEASES OR RENTAL AGREEMENTS. (11973)(Text)

(a) In this section, "sensitive personal information" means an individual's: (11974)

(1) social security number; (11975)

(2) driver's license number; (11976)

(3) government-issued identification number; or (11977)

(4) account, credit card, or debit card number. (11978)

(b) A property owners' association may not adopt or enforce a provision in a dedicatory instrument that: (11979)

(1) requires a lease or rental applicant or a tenant to be submitted to and approved for tenancy by the property owners' association; or (11980)

(2) requires the following information to be submitted to a property owners' association regarding a lease or rental applicant or current tenant: (11981)

(A) a consumer or credit report; or (11982)

(B) a lease or rental application submitted by the applicant, tenant, or that person's agent to the property owner or property owner's agent when applying for tenancy. (11983)

(c) If a copy of the lease or rental agreement is required by the property owners' association, any sensitive personal information may be redacted or otherwise made unreadable or indecipherable. (11984)

(d) Except as provided by Subsection (b), nothing in this section shall be construed to prohibit the adoption or enforcement of a provision in a dedicatory instrument establishing a restriction relating to occupancy or leasing. (11985)

Added by Acts 2015, 84th Leg., R.S., Ch. 1077 (H.B. 2489), Sec. 1, eff. June 19, 2015. (11986)

CHAPTER 210. EXTENSION OR MODIFICATION OF RESIDENTIAL RESTRICTIVE COVENANTS BY PETITION IN CERTAIN SUBDIVISIONS (11987)(Text)

Sec. 210.001. DEFINITIONS. (11988)(Text)

In this chapter: (11989)

(1) "Dedicatory instrument" has the meaning assigned by Section 202.001. (11990)

(2) "Owner" has the meaning assigned by Section 201.003. (11991)

(3) "Property owners' association" has the meaning assigned by Section 202.001. (11992)

(4) "Residential real estate subdivision" or "subdivision" has the meaning assigned by Section 201.003, except that in a county described by Section 210.002(1) a subdivision that is a gated community with private streets need not be located in a city, town, or village or within the extraterritorial jurisdiction of a city, town, or village. (11993)

(5) "Restrictions" has the meaning assigned by Section 201.003. (11994)

Added by Acts 2005, 79th Leg., Ch. 1180 (S.B. 1018), Sec. 1, eff. September 1, 2005. (11995)

Amended by: (11996)

Acts 2009, 81st Leg., R.S., Ch. 821 (S.B. 1672), Sec. 2, eff. June 19, 2009. (11997)

Sec. 210.002. APPLICABILITY OF CHAPTER. (11998)(Text)

This chapter applies to a residential real estate subdivision that is located in a county with a population of: (11999)

(1) more than 200,000 and less than 220,000; or (12000)

(2) more than 45,000 and less than 80,000 that is adjacent to a county with a population of more than 200,000 and less than 220,000. (12001)

Added by Acts 2005, 79th Leg., Ch. 1180 (S.B. 1018), Sec. 1, eff. September 1, 2005. (12002)

Amended by: (12003)

Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 111, eff. September 1, 2011. (12004)

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