This section says the legislature found problems with managing some subdivision restrictions and says the chapter’s purpose is to create a process for making, changing, or adding residential restrictions and removing void race, religion, or national origin restrictions.
Sec. 211.003. FINDINGS AND PURPOSE. (a) The legislature finds that: (1) owners of land in certain real estate subdivisions are unable to govern the subdivisions by democratic principles of self-government; (2) requiring unanimous consent to amend or modify restrictions in affected subdivisions or units or parcels of the subdivisions is impractical and unworkable to bring needed change and improvement; (3) the inability of owners to amend or modify property restrictions in certain real estate subdivisions in which no zoning regulations apply creates uncertainty in living conditions and discourages investments in those subdivisions; (4) owners of land in affected subdivisions are reluctant or unable to provide proper maintenance, upkeep, and repairs of structures because of the inability to amend or modify the restrictions in response to changing circumstances; (5) financial institutions are reluctant to or will not lend money for investments, maintenance, upkeep, or repairs in affected subdivisions; (6) these conditions will cause dilapidation of housing and other structures and cause unhealthful and unsanitary conditions in affected subdivisions, contrary to the health, safety, and welfare of the public; and (7) the existence of race-related covenants in restrictions, regardless of their unenforceability, is offensive, repugnant, and harmful to members of racial or ethnic minority groups and public policy requires that those covenants be removed. (b) The purpose of this chapter is to provide a procedure for creating, modifying, or adding to residential restrictions and to provide for the removal of any restriction or other provision relating to race, religion, or national origin that is void and unenforceable under either the United States Constitution or Section 5.026. Added by Acts 2005, 79th Leg., Ch. 1077 (H.B. 1631), Sec. 1, eff. September 1, 2005.