CHAPTER 203. ENFORCEMENT OF LAND USE RESTRICTIONS IN CERTAIN COUNTIES
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.