CHAPTER 203. ENFORCEMENT OF LAND USE RESTRICTIONS IN CERTAIN COUNTIES - Texas Statutes

PROPERTY CODE

TITLE 11. RESTRICTIVE COVENANTS

CHAPTER 203. ENFORCEMENT OF LAND USE RESTRICTIONS IN CERTAIN

COUNTIES

Sec. 203.001. APPLICABILITY OF CHAPTER. This chapter applies

only to a county with a population of more than 200,000.

Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18,

1987. Amended by Acts 1997, 75th Leg., ch. 274, Sec. 2, eff. May

26, 1997.

Sec. 203.002. DEFINITION. In this chapter, "restriction" means

a limitation that affects the use to which real property may be

put, fixes the distance at which buildings or other structures

must be set back from property, street, or lot lines, affects the

size of lots, or affects the size, type, or number of buildings

or other structures that may be built on the property.

Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18,

1987.

Sec. 203.003. COUNTY ATTORNEY AUTHORIZED TO ENFORCE

RESTRICTIONS. (a) The county attorney may sue in a court of

competent jurisdiction to enjoin or abate violations of a

restriction contained or incorporated by reference in a properly

recorded plan, plat, replat, or other instrument affecting a real

property subdivision located in the county, regardless of the

date on which the instrument was recorded.

(b) The county attorney may not enforce a restriction relating

to race or any other restriction that violates the state or

federal constitution.

Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18,

1987.

Sec. 203.004. ADMINISTRATIVE FEE. (a) A complaint filed in

connection with Section 203.003 must be accompanied by an

administrative fee prescribed by the county commissioners court.

The amount of the fee may not exceed the administrative costs to

be incurred by the county in pursuing the matter.

(b) The administrative fee shall be deposited in a special

county fund. The fund may be used only to administer this

chapter.

(c) The commissioners court may waive the administrative fee if

the complainant files with the complaint a hardship affidavit in

a form approved by the commissioners court.

Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18,

1987.

Sec. 203.005. COURT COSTS AND ATTORNEY'S FEES. (a) The county

may be awarded court costs and attorney's fees in a successful

action under this chapter.

(b) If the court costs and attorney's fees awarded to the

county, together with the administrative fee collected under

Section 203.004, exceed the county's expenses in a successful

action under this chapter, any portion of the excess that does

not exceed the amount of the administrative fee collected by the

county shall be refunded to the complainant.

Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18,

1987.