Texas HB 1558 (Property Code Ch. 216): Amending Deed Restrictions in Older Subdivisions

Quick Answer

Texas House Bill 1558 (2023) created Property Code Chapter 216, a petition process to extend or amend deed restrictions in certain older subdivisions. It applies only to subdivisions with a plat filed before 1947, at least partly in a city of two million or more, whose original restrictions had no workable amendment procedure and whose single association has voluntary membership. A restriction may be extended or amended by written consent of owners of at least 66.6 percent of parcels. The statute's history note gives an effective date of June 12, 2023.

At a Glance

What the Law Says

Who is covered, § 216.003

The chapter "applies only to an older subdivision that":

• is wholly or partly located in a municipality with a population of two million or more;
• had original restrictions that, for at least one section, had no express procedure for successive extensions; had no express amendment procedure; could not under common law be amended without unanimous consent of all owners in the subdivision or in any section; and "may no longer be valid due to an inability to extend or amend the restrictions"; and
• "has a single property owners' association in which all owners in the subdivision are eligible for membership but in which membership is not mandatory."

An "older subdivision" is one "described by a recorded map or plat filed before 1947." A "subdivision" consists of multiple sections, each divided into two or more parts on a recorded plat, and is or was subject to recorded restrictions limiting a majority of the land (excluding streets and public areas) to residential use.

The chapter does not apply to a residential subdivision described by § 209.0041(b) (mandatory membership), a condominium under Section 81.002 or 82.003, any portion in which restrictions are no longer enforceable due to nonresidential use, or property owned by a university that it owned on the effective date.

Consent and process

• Consent, § 216.007: a restriction may be extended or amended by "a petition or ballots that indicate the written consent of the owners of at least 66.6 percent of the total number of separately owned parcels or tracts in the subdivision." If the original restrictions contain a lower percentage, that lower percentage controls.
• Association approval, §§ 216.005 and 216.008: restrictions may be extended or amended "without action by the property owners' association," except that after "receiving written approval of a petition or ballot by the property owners' association," the petition or ballots "must be distributed" to owners by any public method, such as mail, electronic transmission, door-to-door circulation, newspaper publication, or a meeting called for the purpose.
• Effect of signature, § 216.009: an owner's signature "conclusively establishes the owner's consent." One signature may reflect the vote of multiple owners of a lot, and a later sale does not affect the signature's validity.
• When it takes effect, § 216.010: on the date the extension or amendment and the petition or ballots showing consent are filed and recorded in the county real property records.
• Binding effect, § 216.011: binding on a lot "regardless of whether the owner or owners ... consented," an owner "may not opt out," and it binds a lienholder or a person who acquires title at foreclosure or by deed from a foreclosing lienholder.
• Waiting period, § 216.008(c): after an amendment under the chapter, a petition or ballot for a subsequent amendment "may not be distributed" before the fifth anniversary of the amended restriction's effective date.

Other provisions

• Extensions may run for the original term or a shorter period and may provide automatic extensions of not more than 10 years each (§ 216.006(c)).
• An amendment under the chapter "may not create a property owners' association with mandatory membership," and one that does so "is void" (§ 216.004(b)).
• Void or unenforceable provisions, including those unconstitutional or violating Section 5.026, are treated as never contained in the extended restrictions (§ 216.012).
• The procedure is "cumulative of and not in lieu of" other methods (§ 216.013), and the chapter and any related petition or action are to be liberally construed (§ 216.014).

What This Means in Practice

For associations and owners in a qualifying subdivision

• This chapter is narrow. Most Texas associations will not qualify because they fail at least one condition, such as plat date, city size or voluntary membership. If your association has mandatory membership, the chapter by its terms does not apply.
• Our reading: the question is two-part. Is the subdivision an "older subdivision" under § 216.003(a)? And would an amendment be adopted by petition under § 216.007? Counsel should confirm both.
• The 66.6 percent figure counts "separately owned parcels or tracts," not votes by lot size, and parcels excluded by § 216.003(d) are not counted.
• The association's written approval of the petition or ballot sits at the front of the distribution step in § 216.008(a). Whether an association may refuse that approval, and what follows, is an open question; the chapter does not say.

What the law does not say

• It does not name a city. It describes a municipality of two million or more people; we did not check which cities qualify.
• It does not state a deadline for collecting signatures.
• It does not state a fine or remedy for a defective petition.
• It does not say how the "no longer valid" condition in § 216.003(a)(2)(D) is shown.

Timeline

Related Texas Law

• Chapter 216: older subdivision covenant amendment
• § 209.0041: amending the declaration
• H.B. 1659 (2021): mixed-use limit on declaration amendments
• Chapter 202: what HOAs cannot restrict
• Texas HOA laws complete guide

Board Checklist

• Check the plat filing date against 1947.
• Confirm the subdivision is wholly or partly in a municipality of two million or more people.
• Confirm membership in the association is voluntary and there is a single association.
• Review the original restrictions for any extension or amendment procedure, and any lower consent percentage.
• Count separately owned parcels and tracts, excluding those carved out by § 216.003(d).
• Decide whether the association will give written approval of a petition under § 216.008.
• Record the amendment together with the petition or ballots.
• Calendar the five-year wait before the next amendment petition.

Frequently Asked Questions

Does Chapter 216 apply to my HOA?

Only if the subdivision meets every condition of § 216.003(a): plat filed before 1947, partly or wholly in a city of two million or more, original restrictions with no workable amendment route, and a single voluntary-membership association. It does not apply to mandatory-membership subdivisions under § 209.0041(b) or to condominiums.

What percentage of owners must agree?

At least 66.6 percent of separately owned parcels or tracts, unless the original restrictions set a lower percentage.

Does the association have to approve the petition?

Section 216.005 says action by the association is not required except as provided by § 216.008. Section 216.008(a) refers to distribution after written approval of the petition or ballot by the association. How the two fit together is a question for counsel.

Can owners opt out?

No. Section 216.011(b) says an owner "may not opt out" of a restriction extended or amended under the chapter.

When does an amendment take effect?

On the date it and the petition or ballots are filed and recorded in the county real property records (§ 216.010).

Can the amendment create a mandatory association?

No. Section 216.004(b) says such an amendment is void.

What was the effective date of H.B. 1558?

The statute's history note says June 12, 2023. The bill itself says immediately on a two-thirds vote, otherwise September 1, 2023.

Where This Comes From

We read the enrolled text of H.B. 1558 (88th Legislature, Regular Session), including the vote record and effective-date clause, at capitol.texas.gov, and the history note of § 216.001 on the Justia 2025 Texas Statutes page. The enrolled copy shows a blank governor approval line, so we did not verify a signing date. We did not read the Chapter 202, 209 or 201 definitions the bill cross-references.

How APM Helps

Association Property Managers provides remote HOA and condo management for associations in Texas, starting at a flat $99/month per community with no per-door fees or long-term contracts. See remote management in Texas, browse every Texas state-law guide, or request a free proposal, delivered within three business days. Laws and licensing rules differ by state, and we confirm the requirements for Texas when we build your proposal.

Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Texas attorney before acting.