Texas Property Code Chapter 216: Amending Deed Restrictions in Certain Older Subdivisions

Quick Answer

Chapter 216 of the Texas Property Code lets owners in a narrow class of older subdivisions extend or amend their deed restrictions by petition or ballot, with written consent of at least 66.6 percent of the separately owned parcels (or a lower percentage if the original restrictions set one). It applies only to subdivisions platted before 1947 that lie wholly or partly in a city of two million or more people, had restrictions with no workable extension or amendment procedure, and have a single voluntary-membership owners' association. It does not apply to mandatory-membership subdivisions or condominiums. The chapter was added by HB 1558, effective June 12, 2023 according to the session-law note in the 2025 statutes.

At a Glance

What the Law Says

Who is covered

An "older subdivision" is one "described by a recorded map or plat filed before 1947" (§ 216.001(3)). A "subdivision" is land with multiple sections, each divided into two or more parts on a recorded plat, that is or was subject to recorded restrictions limiting a majority of the land (excluding streets and public areas) to residential use (§ 216.001(7)).

Section 216.003(a) says 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 a 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."

Section 216.003(d) says the chapter does not apply to "a residential subdivision described by Section 209.0041(b)" (that is, mandatory membership), a condominium, any portion where restrictions are no longer enforceable because of nonresidential use, or property owned by a university on the chapter's effective date. The chapter applies "regardless of the date on which the restriction was created" and "supersedes any contrary requirement" in a dedicatory instrument (§ 216.003(b), (c)).

Amendment and extension

Amendment "includes the adoption of new restrictions or the modification or removal of existing restrictions" (§ 216.004(a)). An amendment may not create a mandatory-membership association, and one that does is void (§ 216.004(b)). Restrictions may be extended or amended "without action by the property owners' association" except as § 216.008 provides (§ 216.005).

An extension may be for a period equal to the original term or shorter, and may provide for additional automatic extensions of "not more than 10 years for each extension" (§ 216.006(c)).

Consent required

Section 216.007(a): 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," counted regardless of whether a parcel contains part or all of one or more platted lots. Excluded property under § 216.003(d) is not counted. A restriction amended this way applies to all sections "to the extent that the extended or amended restriction expressly applies to the entire subdivision" (§ 216.007(b)). If the original restrictions contain a lower percentage, that percentage controls (§ 216.007(c)).

Petition process

• After "receiving written approval of a petition or ballot by the property owners' association," the petition or ballots "must be distributed to the owners in the subdivision by any public method," including mail, electronic transmission, door-to-door circulation, newspaper publication or an owners' meeting (§ 216.008(a)).
• A petition and ballots may be separate documents, treated as one instrument (§ 216.008(b)).
• After an amendment, a petition or ballot for a later amendment "may not be distributed" before the fifth anniversary of the amendment's effective date (§ 216.008(c)).
• An owner's signature "conclusively establishes the owner's consent"; one owner's signature may reflect the vote of multiple owners of a parcel; a later sale does not undo the signature (§ 216.009).
• An extension or amendment takes effect when it and the petition or ballots are "filed and recorded in the real property records of the county" (§ 216.010).
• It binds each lot as the restriction provides, "regardless of whether the owner or owners ... consented," an owner may not opt out, and it binds lienholders and foreclosure purchasers (§ 216.011).

Race-based covenants

Restrictions extended under the chapter are treated as if a provision "void and unenforceable under the United States Constitution or Section 5.026" was never in them (§ 216.012). The legislative findings in § 216.002 describe race-related covenants as offensive and say public policy requires their removal.

Other rules

The procedures are "cumulative of and not in lieu of any other method" of extension or amendment (§ 216.013). The chapter and actions under it are to be "liberally construed" (§ 216.014).

What This Means in Practice

For owners and civic clubs

Start with eligibility. All three tests in § 216.003(a) must be met: pre-1947 plat, a city of two million or more, and a single voluntary-membership association, along with the original-restrictions conditions. Our reading: this will describe few subdivisions, and a subdivision with a mandatory-membership association is outside the chapter and looks to § 209.0041 instead.

The statute counts parcels, not votes weighted by lot size. Build a parcel list from county records first, then exclude property carved out by § 216.003(d).

For associations

The association's role is limited but real. The petition or ballots go out to owners "after receiving written approval" of the association, so the association's approval of the form sits at the front of the process, even though the chapter otherwise says association action is not required. How these two provisions fit together is an open question. Confirm with counsel.

What the chapter does not say, and open questions

• It does not say what makes the association's approval under § 216.008(a) valid or what happens if the association declines. Confirm with counsel.
• It does not state a penalty or a court remedy for a defective petition.
• It does not define "municipality with a population of two million or more" by a census year or source.
• Subdivisions that fail the applicability tests may still have other routes. Section 216.013 preserves other methods, but this chapter does not describe them.

For the bill-level history, see HB 1558.

Timeline

Related Texas Law

• HB 1558: the 2023 bill that added Chapter 216
• § 209.0041: amending a declaration in mandatory-membership subdivisions
• Chapter 202: construction and enforcement of restrictive covenants
• In re Kappmeyer: challenge to amended restrictions
• Chapter 209 overview
• Texas HOA laws complete guide

Board Checklist

• Confirm the plat was filed before 1947 and that the city meets the two-million population test.
• Confirm the original restrictions lack an extension or amendment procedure and meet the other § 216.003(a)(2) conditions.
• Confirm the association is a single, voluntary-membership association open to all owners.
• Prepare a parcel-by-parcel list and exclude property covered by § 216.003(d).
• Decide whether the association will give the written approval referred to in § 216.008(a), and record it.
• Track written consents against 66.6 percent of parcels, or the lower percentage in the original restrictions.
• Record the extension or amendment together with the petition or ballots in the county real property records.
• Calendar the five-year wait before any later amendment petition goes out.

Frequently Asked Questions

What is Chapter 216 of the Texas Property Code?

A 2023 chapter that gives owners in certain older subdivisions a petition process to extend or amend deed restrictions.

Which subdivisions does it cover?

Those platted before 1947 that are wholly or partly in a city of two million or more, had restrictions with no workable extension or amendment procedure, and have a single association with voluntary membership (§ 216.003(a)).

How many owners must agree?

At least 66.6 percent of separately owned parcels or tracts, unless the original restrictions state a lower percentage (§ 216.007).

When does an amendment take effect?

When the amendment and the petition or ballots showing the required consent are filed and recorded in the county's real property records (§ 216.010).

Can an owner opt out after the vote passes?

No. Section 216.011(b) says "an owner may not opt out of the applicability to the owner's property of a restriction that is extended or amended under this chapter."

Does the chapter apply to a condominium or a mandatory HOA?

No. Section 216.003(d) excludes condominiums and subdivisions described by § 209.0041(b).

When did Chapter 216 take effect?

The 2025 statutes' history note gives June 12, 2023. The enrolled bill says immediately on a two-thirds vote, otherwise September 1, 2023.

Where This Comes From

We read the enrolled text of HB 1558 (88th Legislature) on capitol.texas.gov, which added Chapter 216, and the 2025 Texas Statutes listing and § 216.001 (Justia mirror of the Texas Property Code) for the effective-date history note. The enrolled bill is at capitol.texas.gov. The listing we read did not show every section number of the enrolled bill (for example §§ 216.005, 216.007, 216.013), so we relied on the enrolled text for those. Confirm the current text before acting.

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.