Tex. Prop. Code §202.003
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Construction of Restrictive Covenants
The Texas rule of construction for restrictive covenants. Subsection (a) directs courts to liberally construe restrictive covenants to give effect to their purpose and intent. Subsection (b) prohibits restrictive covenants from being applied to bar use of property as a "family home" as defined under Texas Human Resources Code Chapter 123 — though any other applicable covenant is still construed to serve its original intent except where doing so would prevent the family-home use. Foundational to every covenant-interpretation dispute in Texas.
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Statutory Text
Verified Sep 5, 2026 · TX_LEG_CAPITOL
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.
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Legal references last verified May 20, 2026.
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