Tex. Codes » Property Code · TITLE 11. RESTRICTIVE COVENANTS · CHAPTER 202. CONSTRUCTION AND ENFORCEMENT OF RESTRICTIVE COVENANTS
Texas Codes

Tex. Prop. Code § 202.003 (2026)

Construction Of Restrictive Covenants

✓ laws through the 89th Legislature (2025)
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Sec. 202.003. CONSTRUCTION OF RESTRICTIVE COVENANTS. (a) A restrictive covenant shall be liberally construed to give effect to its purposes and intent.

(b) In this subsection, "family home" is a residential home that meets the definition of and requirements applicable to a family home under Chapter 123, Human Resources Code. A dedicatory instrument or restrictive covenant may not be construed to prevent the use of property as a family home. However, any restrictive covenant that applies to property used as a family home shall be liberally construed to give effect to its purposes and intent except to the extent that the construction would restrict the use as a family home.

Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 291 (S.B. 1768), Sec. 10, eff. May 29, 2023.

Notes of Decisions
Cited in 125 cases (19 in the last 5 years), 1994–2026 · leading case: Tarr v. Timberwood Park Owners Ass'n, 556 S.W.3d 274 (Tex. 2018).
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Tarr v. Timberwood Park Owners Ass'n, 556 S.W.3d 274 (Tex. 2018). · cites it 7× “In 1987, the legislature enacted House Bill 356 to "allow property owners to withdraw their signatures from a petition to modify" or terminate restrictive covenants "without lengthy and expensive litigation." House Comm. on Judicial Affairs, Bill Analysis, Tex.”
Jennings v. Bindseil, 258 S.W.3d 190 (Tex. App.—Austin 2008). · cites it 6× “Tex. Prop.Code Ann. § 202.003(a) (West 2007).”
Pilarcik v. Emmons, 966 S.W.2d 474 (Tex. 1998). · cites it 3× “Alternatively, because any authority given to the ACC in article II to waive roofing restrictions is restricted to a "proposed house," the Plaintiffs urge that the ACC may waive the composition shingle prohibition only in cases of new construction. Thus, the Plaintiffs conclude…”
Deep East Texas Reg'l Mental Health & Mental Retardation Servs. v. Kinnear, 877 S.W.2d 550 (Tex. App.—Beaumont 1994). · cites it 6× “It is not disputed that the structure that DET plans and proposes to construct on its plot in Bay Meadows Addition is a “family home” as contemplated in Tex.PROP.Code Ann. § 202.003 and a “community home” as that term is set out and defined in Tex.”
Munson v. Milton, 948 S.W.2d 813 (Tex. App.—San Antonio 1997). · cites it 4× “Tex. Prop. Code Ann. § 202.003 (a) (Vernon 1995); Crispin v.”
United States v. Wagner, 940 F. Supp. 972 (N.D. Tex. 1996). · cites it 6× “If (West 1990); Tex.Prop.Code Ann. § 202.003 (West 1995) (eff.”
Herbert v. Polly Ranch Homeowners Ass'n, 943 S.W.2d 906 (Tex. App.—Houston [1st Dist.] 1997). · cites it 6× “" TEX. PROP.CODE § 202.003 (1996) requires such covenants to be liberally construed "to give *908 effect to their purposes and intent.”
Brooks v. Northglen Ass'n, 76 S.W.3d 162 (Tex. App.—Texarkana 2002). · cites it 4× “Tex. Prop.Code Ann. § 202.003(a) (Vernon 1995); Benard v.”
Benard v. Humble, 990 S.W.2d 929 (Tex. App.—Beaumont 1999). · cites it 4× “TEX. PROP.CODE ANN. § 202.003(a) (Vernon 1995); see Crispin v.”
Ashcreek Homeowner's Ass'n v. Smith, 902 S.W.2d 586 (Tex. App.—Houston [1st Dist.] 1995). · cites it 4× “The word “liberally” in the provisions in Tex.PROP.Code Ann. § 202.003 and in plaintiffs Declaration paragraph 10.”
Hourani v. Katzen, 305 S.W.3d 239 (Tex. App.—Houston [1st Dist.] 2010). · cites it 2× “See Tex. Prop.Code Ann. § 202.003(a) (Vernon 2007) (“A restrictive covenant shall be liberally construed to give effect to its purposes and intent,”); Wilmoth, 734 S.”
Boudreaux Civic Ass'n v. Cox, 882 S.W.2d 543 (Tex. App.—Houston [1st Dist.] 1994). · cites it 2× “TEX.PROP. CODE ANN. § 202.003 (Vernon Supp.”
Show all 125 citing cases →
Tex. Prop. Code § 202.003(a): 56 cases
Tarr v. Timberwood Park Owners Ass'n, 556 S.W.3d 274 (Tex. 2018). “In 1987, the legislature enacted House Bill 356 to "allow property owners to withdraw their signatures from a petition to modify" or terminate restrictive covenants "without lengthy and expensive litigation." House Comm. on Judicial Affairs, Bill Analysis, Tex.”
Jennings v. Bindseil, 258 S.W.3d 190 (Tex. App.—Austin 2008). “Tex. Prop.Code Ann. § 202.003(a) (West 2007).”
Pilarcik v. Emmons, 966 S.W.2d 474 (Tex. 1998). “Alternatively, because any authority given to the ACC in article II to waive roofing restrictions is restricted to a "proposed house," the Plaintiffs urge that the ACC may waive the composition shingle prohibition only in cases of new construction. Thus, the Plaintiffs conclude…”
Munson v. Milton, 948 S.W.2d 813 (Tex. App.—San Antonio 1997). “Tex. Prop. Code Ann. § 202.003 (a) (Vernon 1995); Crispin v.”
Brooks v. Northglen Ass'n, 76 S.W.3d 162 (Tex. App.—Texarkana 2002). “Tex. Prop.Code Ann. § 202.003(a) (Vernon 1995); Benard v.”
Tex. Prop. Code § 202.003(b): 3 cases
Deep East Texas Reg'l Mental Health & Mental Retardation Servs. v. Kinnear, 877 S.W.2d 550 (Tex. App.—Beaumont 1994). “It is not disputed that the structure that DET plans and proposes to construct on its plot in Bay Meadows Addition is a “family home” as contemplated in Tex.PROP.Code Ann. § 202.003 and a “community home” as that term is set out and defined in Tex.”
Meehl v. Wise, 285 S.W.3d 561 (Tex. App.—Houston [14th Dist.] 2009).
United States v. Wagner, 940 F. Supp. 972 (N.D. Tex. 1996). “If (West 1990); Tex.Prop.Code Ann. § 202.003 (West 1995) (eff.”
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