2005 Texas Property Code CHAPTER 203. ENFORCEMENT OF LAND USE RESTRICTIONS IN CERTAIN COUNTIES

PROPERTY CODE

CHAPTER 203. ENFORCEMENT OF LAND USE RESTRICTIONS IN CERTAIN 
COUNTIES


	§ 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, § 1, eff. June 18, 1987.  
Amended by Acts 1997, 75th Leg., ch. 274, § 2, eff. May 26, 1997.


	§ 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, § 1, eff. June 18, 1987.           


	§ 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, § 1, eff. June 18, 1987.           


	§ 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, § 1, eff. June 18, 1987.           


	§ 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, § 1, eff. June 18, 1987.