HB 1006

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
HB 1006 proposes to add Chapter 213 to the Texas Property Code, creating a new legal process by which restrictive covenants in certain large, multi-zoned subdivisions may be amended. Specifically, the bill applies to subdivisions that were platted before 1965, contain more than 900 lots, and are located in at least two separately incorporated municipalities, with at least one part of the subdivision having zoning that does not align with existing deed restrictions. Additionally, the subdivision must be located in whole or in part within a municipality that has a population of 30,000 or more and spans at least three counties.

Under this new chapter, amendments to the deed restrictions may be proposed and adopted through a voting process involving property owners. The amendment may apply to all or part of the subdivision, and different areas within the subdivision may be subject to different amendments. For an amendment to be valid, it must be approved by at least 67 percent of the lot owners in the area designated for the amendment. Each lot is entitled to one vote, regardless of the number of owners.

The bill establishes procedures for the voting process, requiring that ballots be written, state the substance of the proposed amendment, define the affected area, and provide a deadline for submission. These ballots must be mailed to lot owners using addresses from local appraisal district records, and a copy must be filed in the real property records of each relevant county before the vote is held. If approved, a certification of the vote must be recorded in the real property records, serving as prima facie evidence that all requirements were met. The bill also prohibits legal challenges to an amendment based on claims that it lacks mutual applicability across the entire subdivision.

If passed, this law would apply to all applicable restrictive covenants, regardless of when they were enacted.

The original and Committee Substitute versions of HB 1006 share the same core objective: to provide a legal mechanism for property owners in large, multi-zoned subdivisions to amend restrictive covenants when zoning and existing restrictions conflict. Both versions apply only to subdivisions platted before 1965, with over 900 lots, spanning at least two separately incorporated municipalities, and covering parts of at least three counties. They also require a two-thirds (67%) affirmative vote from lot owners in the affected area to amend restrictions, and both versions maintain the procedural framework for distributing and recording ballots and certifying the results.

However, the Committee Substitute introduces several key clarifications and administrative refinements not found in the original version. First, the substitute makes technical and stylistic changes for greater clarity and legal precision, including more organized section headings and minor formatting corrections. These changes improve readability and implementation but do not materially alter the bill’s substance.

Second, the substitute more clearly emphasizes that amendments can apply differently across various sections of the subdivision. While the original bill allowed this, the substitute emphasizes the ability to tailor amendments to specific portions of a subdivision, facilitating the resolution of conflicts in diverse zoning environments more effectively.

Lastly, the substitute preserves the prohibition against legal challenges based on the lack of universal applicability across the entire subdivision. This ensures that property owners cannot invalidate amendments simply because they do not affect every lot uniformly—a provision likely intended to reinforce local control and adaptability.

In summary, the committee substitute retains the bill’s original intent and scope but refines it with improved statutory language and clearer authority for varied application within subdivisions. These changes enhance the bill’s legal effectiveness without significantly expanding or narrowing its reach.
Author (1)
Alan Schoolcraft
Fiscal Notes

According to the Legislative Budget Board (LBB), the bill is not expected to have any fiscal impact on the state budget. The LBB determined that the legislation does not impose any new financial obligations on state agencies, nor does it necessitate the creation of new administrative structures or enforcement mechanisms at the state level. As such, the bill can be implemented without requiring additional appropriations or reallocation of existing resources.

For local governments, the fiscal note similarly indicates no significant financial impact. While the bill does involve processes like recording ballots and certifying votes in county property records, these duties are well within the scope of existing county clerk operations and are not expected to require substantial new expenditures or staffing. The voting and notification procedures outlined in the bill are to be managed by property owners or associations, rather than government entities, further limiting any direct administrative burden on local jurisdictions.

In summary, HB 1006 is fiscally neutral. It enables a private legal mechanism for amending restrictive covenants in large, multi-jurisdictional subdivisions without triggering costs for state or local governments. The LBB’s analysis confirms that any administrative responsibilities for governmental units are either minimal or incidental, and therefore not significant enough to warrant a fiscal note beyond this assessment.

Vote Recommendation Notes

HB 1006 supports the principle of Private Property Rights by giving property owners in large, historically platted, and multi-zoned subdivisions a practical mechanism to adapt restrictive covenants to modern realities. The bill addresses a long-standing administrative barrier in older subdivisions where deed restrictions conflict with current municipal zoning, yet procedural hurdles make it nearly impossible to revise the covenants. By simplifying the voting process and allowing for amendments applicable to only portions of a subdivision, the bill empowers local property owners to align private restrictions with actual land use and municipal regulations, reinforcing their ability to govern their own property collaboratively.

The bill is consistent with Limited Government principles because it does not impose mandates or create regulatory burdens on state or local agencies. The Legislative Budget Board’s fiscal note confirms there is no expected cost to the state or significant fiscal impact on local governments. Instead, HB 1006 relies on voluntary, owner-driven processes—voting and documentation—to enact changes, thereby preserving governmental neutrality while facilitating local self-determination.

Furthermore, HB 1006 encourages Personal Responsibility and Free Enterprise by recognizing that outdated, conflicting land use restrictions can interfere with property development, investment, and practical use. Property owners can now collectively decide whether and how to modernize their community’s restrictive covenants through a clear and equitable process. The bill ensures due process by requiring written ballots, public record filings, and a two-thirds voting threshold—safeguards that balance community consensus with individual property interests.

Given its focus on enhancing local control, reducing bureaucratic complexity, and protecting private landowner rights without increasing state involvement, HB 1006 aligns well with core liberty principles. As such, Texas Policy Research recommends that lawmakers vote YES on HB 1006.

  • Individual Liberty: The bill enhances individual liberty by empowering property owners with a more accessible path to collectively update restrictive covenants in their communities. It reduces legal and procedural barriers that have historically made it difficult for residents of older, multi-zoned subdivisions to align property restrictions with their actual land use needs or municipal zoning. Instead of being bound by outdated and rigid covenants, individuals are granted greater freedom to participate in shaping the regulatory environment that affects their own property.
  • Personal Responsibility: The bill reinforces personal responsibility by placing the power—and the burden—of initiating and executing covenant amendments on the property owners themselves. It requires active participation through voting and community engagement, and ensures that changes reflect the will of a supermajority (67%) of lot owners within a defined area. This encourages civic involvement and self-governance within private communities, rather than relying on external intervention from the government or courts.
  • Free Enterprise: By resolving conflicts between outdated deed restrictions and current zoning or market conditions, H.B. 1006 supports free enterprise. It allows communities to modernize restrictions that might otherwise inhibit redevelopment, mixed-use planning, or adaptive reuse of properties. This flexibility can reduce regulatory friction that hinders innovation or property transactions and thus fosters a more dynamic and responsive real estate market.
  • Private Property Rights: The bill is most clearly aligned with the principle of private property rights. It affirms the right of property owners to collectively amend private agreements that govern land use in their subdivisions. It also protects the enforceability of those agreements by ensuring that approved amendments cannot be challenged on the basis of non-uniform application across the entire subdivision. This provision strengthens the legal certainty of amended covenants while respecting the autonomy of property owners to shape their own community standards.
  • Limited Government: The bill limits the role of government by avoiding any new regulatory mandates or enforcement responsibilities. It creates a purely private legal mechanism for amending restrictive covenants without requiring state or municipal oversight. The fiscal note confirms there are no anticipated costs or administrative burdens to state or local government, making the bill a clear example of decentralizing authority and reinforcing private governance structures.
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