Texas 2023 - 88th Regular

Texas House Bill HB4995

Voted on by House
 
Out of Senate Committee
 
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 passage of HB 4995 would significantly affect local government regulations, ensuring that property owners can engage in practices that support urban agriculture and renewable energy installations without excessive interference from municipalities or homeowners' associations. This would lead to an increase in home-based food production and potentially bolster the local economy through cottage food operations. Additionally, it sets a precedent that local regulations cannot infringe upon an individual's right to utilize their property for beneficial agricultural and sustainable purposes.

Summary

House Bill 4995 seeks to amend certain provisions related to the authority of municipalities, counties, and property owners' associations regarding activities on residence homestead properties. The bill explicitly prohibits these governing bodies from adopting or enforcing ordinances that would restrict activities such as growing fruits and vegetables, raising small domestic animals like chickens and rabbits, and installing renewable energy devices such as solar panels or rainwater harvesting systems. Supporters of the bill argue that it promotes self-sufficiency, local food production, and sustainable living practices for homeowners.

Sentiment

The sentiment regarding HB 4995 is largely supportive from the perspective of those advocating for more rights for homeowners and the promotion of sustainable practices. However, there are concerns from some local authorities who feel that the bill undermines local governance and community standards. They argue that local regulations are necessary to manage health, safety, and aesthetics, suggesting that the bill could lead to conflicts between individual property rights and neighborhood cohesion.

Contention

Notable points of contention include the balance between individual rights and the collective interests of communities. Critics express worries that unrestricted raising of livestock or extensive gardening on residential properties could lead to issues such as noise, odor, and property maintenance problems, thereby affecting neighborhood quality of life. Additionally, details surrounding the enforcement of reasonable regulations on such activities are questioned, as are the implications of the bill on property values and community aesthetics.

Texas Constitutional Statutes Affected

Local Government Code

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

Property Code

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

Companion Bills

No companion bills found.

Similar Bills

TX HB92

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

TX SJR1

Proposing a constitutional amendment increasing the amount of the residence homestead exemption from ad valorem taxation for public school purposes and providing for a reduction of the limitation on the total amount of ad valorem taxes that may be imposed for those purposes on the homestead of an elderly or disabled person to reflect the increased exemption amount, authorizing the legislature to prohibit a political subdivision that has adopted an optional residence homestead exemption from ad valorem taxation from reducing the amount of or repealing the exemption, and prohibiting the enactment of a law that imposes a transfer tax on a transaction that conveys fee simple title to real property.

PA HB302

Providing for additional homestead exclusion allocation; and making an appropriation.

TX HB3823

Relating to the determination of the appraised value of a residence homestead for ad valorem tax purposes.

PA HB325

In preliminary provisions, further providing for definitions; and, in taxation by school districts, further providing for school district tax notices.

TX HB2927

Relating to the system for appraising property for ad valorem tax purposes.

FL H0247

Housing

TX HB969

Relating to the authority of a political subdivision to regulate the removal by a landowner of noxious or invasive plant species or brush species detrimental to water conservation from the landowner's property.