Tex. Gov't Code § 27.034 · Subchapter B. JURISDICTION AND POWERS
DEED RESTRICTION JURISDICTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A justice court has jurisdiction of suits relating to enforcement of a deed restriction of a residential subdivision that does not concern a structural change to a dwelling.
(b) The petitioner in a dispute concerning a deed restriction shall present as evidence at the first hearing in the dispute:
(1) a certified copy of the deed or other document that establishes the restriction on the property; and
(2) other documents necessary to demonstrate that the restriction applies to the property in dispute.
(c) In a dispute concerning a deed restriction, a justice of the peace may order any alternative method of dispute resolution provided by Title 7, Civil Practice and Remedies Code.
(d) The jurisdiction provided by this section is concurrent with the jurisdiction of the district court.
(e) A justice court has jurisdiction of suits under this section regardless of the amount in controversy.
(f) In a dispute concerning a deed restriction, a justice of the peace may consolidate disputes relating to the same issues and parties.
(g) An appeal under this section is by trial de novo.
(h) In this section, "deed restriction" means one or more restrictive covenants contained or incorporated by reference in a properly recorded deed, map, plat, replat, declaration, or other instrument filed in the real property records, map records, or deed records of the county in which the property is located.
(i) In this section, a "dwelling" does not include an external structure such as a carport, fence, storage building, or unattached garage.
(j) Nothing in this section authorizes a justice of the peace to grant a writ of injunction.
Notes and commentary — not statutory text
History
Added by Acts 1995, 74th Leg., ch. 1022, Sec. 1, eff. June 17, 1995. Amended by Acts 1997, 75th Leg., ch. 136, Sec. 1, eff. May 19, 1997; Acts 1999, 76th Leg., ch. 672, Sec. 1, eff. June 18, 1999.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.27.htm
- Text hash
- sha256 0128676ab9162644bf2e91e870cb417611b3dfee204f187762949cb7b53fd1bb
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Civil Practice and Remedies Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.