Texas 2023 - 88th Regular

Texas House Bill HB92

Filed
11/14/22  
Out of House Committee
3/22/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of a municipality, county, or property owners' association to prohibit or regulate certain activities on residence homestead property.

Impact

The bill aims to amend the Local Government Code and the Property Code to ensure that residents can engage in productive activities that enhance their living environments. By limiting the regulatory reach of local governments and property owners' associations, HB 92 promotes urban agriculture and self-sufficiency initiatives among homeowners. This shift is expected to encourage more individuals to partake in environmentally friendly practices and contribute positively to community resilience and sustainability.

Summary

House Bill 92 establishes clear parameters regarding the authority of municipalities, counties, and property owners' associations to regulate activities on residential homestead properties. Specifically, the bill prohibits such governing bodies from enforcing rules that obstruct the growing of fruits and vegetables or the raising of small livestock, such as a limited number of domestic chickens and rabbits. It further permits the installation of renewable energy sources like solar devices, rainwater harvesting systems, and standby generators, provided certain conditions are met. This legislative measure seeks to empower property owners with greater freedom to engage in home agriculture and sustainable practices.

Sentiment

Overall sentiment surrounding HB 92 appears to be supportive amongst those advocating for the rights of homeowners and urban agricultural initiatives. Proponents view the bill as a crucial step towards facilitating sustainable living and self-sufficiency, allowing residents to take full advantage of their properties. Meanwhile, concerns may arise from local governance entities about the diminished ability to regulate activities that could impact neighborhood welfare, such as noise, odor, or the upkeep of properties. However, the bill includes provisions allowing for reasonable regulations to mitigate these concerns, indicating an attempt to find a balance.

Contention

Notable points of contention include the scope of control that municipalities and property owners' associations retain even after the passage of this bill. While the legislation firmly establishes the right to engage in specific homestead activities, it also permits these bodies to impose reasonable regulations to maintain neighborhood standards. Critics might argue this creates a gray area that could lead to uneven enforcement of regulations, potentially undermining the very rights the bill seeks to protect. The ongoing discourse reflects a deeper societal concern regarding the balance between local governance and individual property rights.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 250. Miscellaneous Regulatory Authority
    • Section: New Section
    • Section: New Section
    • Section: New Section

Property Code

  • Chapter 202. Construction And Enforcement Of Restrictive Covenants
    • Section: New Section
    • Section: New Section
    • Section: New Section

Tax Code

  • Chapter 11. Taxable Property And Exemptions
    • Section: New Section
    • Section: New Section

Health And Safety Code

  • Chapter 437. Regulation Of Food Service Establishments, Retail Food Stores, Mobile Food Units, And Roadside Food Vendors
    • Section: New Section
    • Section: New Section

Companion Bills

TX HJR9

Enabling for Proposing a constitutional amendment relating to the right of a property owner to conduct activities necessary to secure basic human needs.

Similar Bills

TX HB4995

Relating to the authority of a municipality, county, or property owners' association to prohibit or regulate certain activities on residence homestead property.

FL H1025

Assessed Value Freeze of Homestead Property

FL H1039

Limitation on the Assessment of Homestead Property

TX HJR76

Proposing a constitutional amendment permitting an encumbrance to be fixed on homestead property for an obligation to pay certain property owners' association fees and prohibiting the forced sale of the homestead to pay those fees unless authorized by the members of the association in accordance with general law.

TX HB3499

Relating to the eligibility of an individual to receive an exemption from ad valorem taxation of the individual's residence homestead if the homestead is occupied by a registered sex offender.

TX HB1977

Relating to encumbrances that may be fixed on homestead property.

TX SB721

Relating to a temporary prohibition on increasing the appraised value of a residence homestead for ad valorem tax purposes following determination of a protest or appeal.

MN SF1698

Homestead property owner authorization to rent or lease a portion of the property provision