HBA-NIK C.S.H.B. 3736 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3736
By: Eiland
Land & Resource Management
4/23/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, only suburbs adjacent to large cities have access to the
procedures governing restrictive covenants.  While other homeowners'
associations could benefit from these procedures, they are currently
unavailable under the Property Code.  C.S.H.B. 3736 extends such access to
homeowners' associations in the incorporated area of a county having a
population of 190,000 or more that is adjacent to a county having a
population of 2,400,000 or more. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 201.001(a), Property Code, to make this chapter
(Restrictive Covenants Applicable to Certain Subdivisions) applicable to a
residential real estate subdivision that is located in whole or in part in
the incorporated area of a county having a population of 190,000 or more
that is adjacent to a county having a population of 2,400,000 or more. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3736 modifies the original bill in SECTION 1 by removing text
proposed in Section 201.001(a), Property Code, which provides that this
chapter applies to a residential real estate subdivision that is located in
whole or in part in the incorporated area of a county having a population
of more than 2,400,000 if the subdivision is governed by one property
owners' association and contains more than 15 separate sections in which
each section is governed by separate restrictive covenants.