Tex. Prop. Code § 209.015

(a) In this section: (1) “Adjacent lot” means: (A) a lot that is contiguous to another lot that fronts on the same street; (B) with respect to a corner lot, a lot that is contiguous to the corner lot by either a side property line or a back property line; or (C) if permitted by the dedicatory instrument, any lot that is contiguous to another lot at the back property line. (2) “Residential purpose” with respect to the use of a lot: (A) means the location on the lot of any building, structure, or other improvement customarily appurtenant to a residence, as opposed to use for a business or commercial purpose; and (B) includes the location on the lot of a garage, sidewalk, driveway, parking area, children’s swing or playscape, fence, septic system, swimming pool, utility line, or water well and, if otherwise specifically permitted by the dedicatory instrument, the parking or storage of a recreational vehicle. (b) Except as provided by this section, a property owners’ association may not adopt or enforce a provision in a dedicatory instrument that prohibits or restricts the owner of a lot on which a residence is located from using for residential purposes an adjacent lot owned by the property owner. (c) An owner must obtain the approval of the property owners’ association or, if applicable, an architectural review authority, as defined by Section 209.00505 (Architectural Review Authority) (a), established by the association or the association’s dedicatory instruments, based on criteria prescribed by the dedicatory instruments specific to the use of a lot for residential purposes, including reasonable restrictions regarding size, location, shielding, and aesthetics of the residential purpose, before the owner begins the construction, placement, or erection of a building, structure, or other improvement for the residential purpose on an adjacent lot. (d) An owner who elects to use an adjacent lot for residential purposes under this section shall, on the sale or transfer of the lot containing the residence: (1) include the adjacent lot in the sales agreement and transfer the lot to the new owner under the same dedicatory conditions; or (2) restore the adjacent lot to the original condition before the addition of the improvements allowed under this section to the extent that the lot would again be suitable for the construction of a separate residence as originally platted and provided for in the conveyance to the owner. (e) An owner may sell the adjacent lot separately only for the purpose of the construction of a new residence that complies with existing requirements in the dedicatory instrument unless the lot has been restored as described by Subsection (d)(2). (f) A provision in a dedicatory instrument that violates this section is void. Added by Acts 2013, 83rd Leg., R.S., Ch. 219 (H.B. 35 ), Sec. 1, eff. June 14, 2013. Amended by: Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588 ), Sec. 19, eff. September 1, 2021. Source: Section 209.015 — Regulation of Land Use: Residential Purpose , https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­209.­htm#209.­015 (accessed May 26, 2025). 209.001 Short Title 209.002 Definitions 209.003 Applicability of Chapter 209.004 Management Certificates 209.005 Association Records 209.006 Notice Required Before Enforcement Action 209.007 Hearing Before Board 209.008 Attorney’s Fees 209.009 Foreclosure Sale Prohibited in Certain Circumstances 209.010 Notice After Foreclosure Sale 209.011 Right of Redemption After Foreclosure 209.012 Restrictive Covenants Granting Easements to Certain Property Owners’ Associations 209.013 Authority of Association to Amend Dedicatory Instrument 209.014 Mandatory Election Required After Failure to Call Regular Meeting 209.015 Regulation of Land Use: Residential Purpose 209.016 Regulation of Residential Leases or Rental Agreements 209.017 Justice Court Jurisdiction 209.0041 Adoption or Amendment of Certain Dedicatory Instruments 209.0042 Methods of Providing Notices to Owners 209.0051 Open Board Meetings 209.0052 Association Contracts 209.0055 Voting 209.0056 Notice of Election or Association Vote 209.0057 Recount of Votes 209.0058 Ballots 209.0059 Right to Vote 209.0061 Association Policy 209.0062 Alternative Payment Schedule for Certain Assessments 209.0063 Priority of Payments 209.0064 Third Party Collections 209.0065 Credit Reporting Services 209.0091 Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders 209.0092 Judicial Foreclosure Required 209.0093 Removal or Adoption of Foreclosure Authority 209.0094 Assessment Lien Filing 209.00505 Architectural Review Authority 209.00591 Board Membership 209.00592 Voting 209.00593 Election of Board Members 209.00594 Tabulation of and Access to Ballots Up to date Verified: May 26, 2025 § 209.015. Regul. of Land Use: Residential Purpose's source at texas​.gov Stay Connected Join thousands of people who receive monthly site updates. Subscribe Get Legal Help The State Bar of Texas runs a service for finding an attorney in good standing. Initial consultations are usually free or discounted: Lawyer Referral & Information Service (LRIS) Committed to Public Service We will always provide free access to the current law. In addition, we provide special support for non-profit, educational, and government users. Through social entre­pre­neurship, we’re lowering the cost of legal services and increasing citizen access. Navigate Find a Lawyer Blog About Us API Contact Us Reports Secondary Sources Privacy Policy California: Codes Colorado: C.R.S. Florida: Statutes Nevada: NRS New York: Laws Oregon: OAR , ORS Texas: Statutes World: Rome Statute , International Dictionary Location: https://texas.public.law/statutes/tex._prop._code_section_209.015 Original Source: Section 209.015 — Regulation of Land Use: Residential Purpose , https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­209.­htm#209.­015 (last ac­cessed May 10, 2025). Blank Outline Levels × The legislature occasionally skips outline levels. For example: (3) A person may apply [...] (4)(a) A person petitioning for relief [...] In this example, (3) , (4) , and (4)(a) are all outline levels, but (4) was omitted by its authors. It's only implied. This presents an interesting challenge when laying out the text. We've decided to display a blank section with this note, in order to aide readability. Trust but verify. Here is the original source for section 209.015 Do you have an opinion about this solution? Drop us a line. Close