Tex.
Local Gov't Code Section 212.153
Suit to Enforce Restrictions
(a)
Except as provided by Subsection (b), the municipality may sue in any court of competent jurisdiction to enjoin or abate a violation of a restriction contained or incorporated by reference in a properly recorded plan, plat, or other instrument that affects a subdivision located inside the boundaries of the municipality.(b)
The municipality may not initiate or maintain a suit to enjoin or abate a violation of a restriction if a property owners’ association with the authority to enforce the restriction files suit to enforce the restriction.(c)
In a suit by a property owners’ association to enforce a restriction, the association may not submit into evidence or otherwise use the work product of the municipality’s legal counsel.(d)
In a suit filed under this section alleging that any of the following activities violates a restriction limiting property to residential use, it is not a defense that the activity is incidental to the residential use of the property:(1)
storing a tow truck, crane, moving van or truck, dump truck, cement mixer, earth-moving device, or trailer longer than 20 feet; or(2)
repairing or offering for sale more than two motor vehicles in a 12-month period.(e)
A municipality may not enforce a deed restriction which purports to regulate or restrict the rights granted to public utilities to install, operate, maintain, replace, and remove facilities within easements and private or public rights-of-way.
Source:
Section 212.153 — Suit to Enforce Restrictions, https://statutes.capitol.texas.gov/Docs/LG/htm/LG.212.htm#212.153 (accessed Jun. 5, 2024).
