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.