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
Relating to the authority of a municipality, county, or property owners' association to prohibit or regulate certain activities on residence homestead property.
Relating to the authority of a property owners' association to prohibit or regulate certain swim instruction provided in a pool on an owner's or resident's property.
Relating to the authority of a municipality, county, or property owners' association to prohibit or regulate certain activities on residence homestead property.
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.
Relating to the frequency with which certain appraisal districts are required to reappraise property for ad valorem tax purposes and to a limitation on the authority of an appraisal district to increase the appraised value of property.