Texas Property Code 211.002 – Applicability of Chapter
(a) This chapter applies only to a residential real estate subdivision or any unit or parcel of a subdivision:
(1) all or part of which is located within an unincorporated area of a county if the county has a population of less than 65,000;
(2) all of which is located within the extraterritorial jurisdiction of a municipality located in a county that has a population of at least 65,000 and less than 135,000;
(3) all of which is located within the extraterritorial jurisdiction of a municipality located in a county that borders Lake Buchanan and has a population of at least 21,000 and less than 22,000; or
(4) all or part of which is located within a county that borders Lake Livingston and has a population of less than 55,000.
(b) This chapter applies only to restrictions that affect real property within a residential real estate subdivision or any units or parcels of the subdivision and that, by the express terms of the instrument creating the restrictions:
(1) are not subject to a procedure by which the restrictions may be amended;
(2) may not be amended without the unanimous consent of:
(A) all property owners in the subdivision; or
(B) all property owners in any unit or parcel of the subdivision; or
(3) may not be amended without a written instrument that is:
(A) signed by a majority or more than a majority of the owners of the lots in the subdivision; and
(B) filed in the real property records of each county in which all or part of the subdivision is located.
Terms Used In Texas Property Code 211.002
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) This chapter applies to a restriction regardless of the date on which it was created.
(d) An amendment of a restriction under this chapter is effective on the filing of an instrument reflecting the amendment in the real property records of each county in which all or part of the subdivision is located after the approval of the owners in accordance with the amendment procedure adopted under § 211.004.