Tex. Prop. Code § 216.003 · Chapter 216. EXTENSION OR AMENDMENT OF RESTRICTIONS IN CERTAIN OLDER SUBDIVISIONS
APPLICABILITY OF CHAPTER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) This chapter applies only to an older subdivision that:
(1) is wholly or partly located in a municipality with a population of two million or more;
(2) had original restrictions that:
(A) for at least one section of the subdivision, did not have an express procedure that provides for successive extensions of the restrictions;
(B) did not have an express procedure for amending the restrictions;
(C) under the common law of this state could not be amended without the unanimous consent of:
(i) all owners in the subdivision; or
(ii) all owners in any section of the subdivision; and
(D) may no longer be valid due to an inability to extend or amend the restrictions; and
(3) has a single property owners' association in which all owners in the subdivision are eligible for membership but in which membership is not mandatory.
(b) This chapter applies to a restriction regardless of the date on which the restriction was created.
(c) This chapter supersedes any contrary requirement for the extension or amendment of a restriction in a dedicatory instrument of a subdivision to which this chapter applies.
(d) This chapter does not apply to:
(1) a residential subdivision described by Section 209.0041(b);
(2) a condominium, as defined by Section 81.002 or 82.003;
(3) any portion of a residential subdivision in which restrictions are no longer enforceable due to nonresidential use; or
(4) property that is owned by a university that was owned by the university on the effective date of this chapter.
Notes and commentary — not statutory text
History
Added by Acts 2023, 88th Leg., R.S., Ch. 691 (H.B. 1558), Sec. 1, eff. June 12, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.216.htm
- Text hash
- sha256 27b1e52af6bb4d38f7ba9a8642468a320f53417ce7ad35e8614ec95000109583
- 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
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