Texas 2023 - 88th Regular

Texas House Bill HB4995 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Kitzman H.B. No. 4995
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the authority of a municipality, county, or property
7	7	owners' association to prohibit or regulate certain activities on
8	8	residence homestead property.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 250, Local Government Code, is amended
11	11	by adding Section 250.014 to read as follows:
12	12	Sec. 250.014. ACTIVITIES ALLOWED ON RESIDENCE HOMESTEAD
13	13	PROPERTY. (a) In this section, "residence homestead property"
14	14	means real property that is all or part of a residence homestead, as
15	15	defined by Section 11.13(j), Tax Code.
16	16	(b) Notwithstanding any other law and except as provided by
17	17	this section, a municipality or county may not adopt or enforce an
18	18	ordinance that prohibits any of the following activities on
19	19	residence homestead property:
20	20	(1) growing fruits and vegetables;
21	21	(2) raising or keeping:
22	22	(A) six or fewer domestic fowl; or
23	23	(B) six or fewer adult rabbits; or
24	24	(3) installing for on-site use:
25	25	(A) a solar or wind-powered energy device, as
26	26	defined by Section 11.27, Tax Code;
27	27	(B) an underground shelter;
28	28	(C) rain barrels or a rainwater harvesting
29	29	system; or
30	30	(D) a standby electric generator, as defined by
31	31	Section 202.019, Property Code.
32	32	(c) A municipality or county may impose reasonable
33	33	regulations on the growing of fruits and vegetables on residence
34	34	homestead property that do not have the effect of prohibiting the
35	35	growing of the fruits or vegetables in the front, side, or rear yard
36	36	of a residence, including:
37	37	(1) a requirement that the growing area be maintained
38	38	in good condition if visible from the street faced by the property
39	39	or from an adjoining lot; and
40	40	(2) a requirement for the trimming or removal of a tree
41	41	as necessary for the maintenance of a utility easement.
42	42	(d) A municipality or county may impose reasonable
43	43	regulations on the raising or keeping of fowl or rabbits on
44	44	residence homestead property to control odor, noise, safety, or
45	45	sanitary conditions that do not have the effect of prohibiting the
46	46	raising or keeping of the fowl or rabbits, including:
47	47	(1) a limit on the number of fowl or rabbits that is
48	48	more than:
49	49	(A) the minimum number allowed by Subsection
50	50	(b)(2); or
51	51	(B) a total combined number of eight fowl and
52	52	rabbits, subject to the limits of Subsection (b)(2);
53	53	(2) a prohibition on raising or keeping a rooster;
54	54	(3) the minimum distance between an animal shelter and
55	55	a residential structure other than the animal owner's own
56	56	residence;
57	57	(4) a requirement for fencing or shelter sufficient to
58	58	contain the fowl or rabbits on the owner's residence homestead
59	59	property;
60	60	(5) minimum requirements for combined housing and
61	61	outdoor space of at least:
62	62	(A) 20 square feet per fowl; and
63	63	(B) nine square feet per rabbit;
64	64	(6) a requirement to address sanitary conditions in a
65	65	manner that prevents accumulation of animal waste in a quantity
66	66	sufficient to create an offensive odor or attract pests; or
67	67	(7) a requirement that the fowl or rabbits may only be
68	68	kept in the side or rear yard of a residence.
69	69	(e) This section does not apply to a condominium unit.
70	70	SECTION 2. Chapter 250, Local Government Code, is amended
71	71	by adding Section 250.015 to read as follows:
72	72	Sec. 250.015. MUNICIPAL OR COUNTY REGULATIONS VOID. An
73	73	order, ordinance, rule or other regulation adopted by a
74	74	municipality or county that violates Section 250.014 is void.
75	75	SECTION 3. Chapter 202, Property Code, is amended by adding
76	76	Section 202.027 to read as follows:
77	77	Sec. 202.027. ACTIVITIES ALLOWED ON RESIDENCE HOMESTEAD
78	78	PROPERTY. (a) In this section, "residence homestead property"
79	79	means real property that is all or part of a residence homestead, as
80	80	defined by Section 11.13(j), Tax Code.
81	81	(b) Notwithstanding any other law and except as provided by
82	82	this section, a property owners' association may not adopt or
83	83	enforce a restrictive covenant that prohibits any of the following
84	84	activities on residence homestead property:
85	85	(1) growing fruits and vegetables;
86	86	(2) raising or keeping:
87	87	(A) six or fewer domestic fowl; or
88	88	(B) six or fewer adult rabbits;
89	89	(3) installing for on-site use:
90	90	(A) a solar or wind-powered energy device, as
91	91	defined by Section 11.27, Tax Code;
92	92	(B) an underground shelter;
93	93	(C) rain barrels or a rainwater harvesting
94	94	system; or
95	95	(D) a standby electric generator, as defined by
96	96	Section 202.019; or
97	97	(4) producing food at a cottage food production
98	98	operation, as defined by Section 437.001(2-b), Health and Safety
99	99	Code.
100	100	(c) A property owners' association may adopt and enforce a
101	101	restrictive covenant imposing reasonable requirements on the
102	102	growing of fruits and vegetables on residence homestead property
103	103	that do not have the effect of prohibiting the growing of the fruits
104	104	or vegetables in the front, side, or rear yard of a residence,
105	105	including:
106	106	(1) a requirement that the growing area be maintained
107	107	in good condition if visible from the street faced by the property
108	108	or from an adjoining lot; and
109	109	(2) a requirement for the trimming or removal of a tree
110	110	as necessary for the maintenance of a utility easement.
111	111	(d) A property owners' association may adopt and enforce a
112	112	restrictive covenant imposing reasonable requirements on the
113	113	raising or keeping of fowl or rabbits on residence homestead
114	114	property to control odor, noise, safety, or sanitary conditions
115	115	that do not have the effect of prohibiting the raising or keeping of
116	116	the fowl or rabbits, including:
117	117	(1) a limit on the number of fowl or rabbits that is
118	118	more than:
119	119	(A) the minimum number allowed by Subsection
120	120	(b)(2); or
121	121	(B) a total combined number of eight fowl and
122	122	rabbits, subject to the limits of Subsection (b)(2);
123	123	(2) a prohibition on raising or keeping a rooster;
124	124	(3) the minimum distance between an animal shelter and
125	125	a residential structure other than the animal owner's own
126	126	residence;
127	127	(4) a requirement for fencing or shelter sufficient to
128	128	contain the fowl or rabbits on the owner's residence homestead
129	129	property;
130	130	(5) minimum requirements for combined housing and
131	131	outdoor space of at least:
132	132	(A) 20 square feet per fowl; and
133	133	(B) nine square feet per rabbit;
134	134	(6) a requirement to address sanitary conditions in a
135	135	manner that prevents accumulation of animal waste in a quantity
136	136	sufficient to create an offensive odor or attract pests; or
137	137	(7) a requirement that the fowl or rabbits may only be
138	138	kept in the side or rear yard of a residence.
139	139	SECTION 4. Section 151.3131(b), Tax Code, is amended to
140	140	read as follows:
141	141	(b) The sale, storage, use, or other consumption of a
142	142	firearm, a firearm accessory, ammunition, or firearm safety
143	143	equipment is exempted from the taxes imposed by this chapter.
144	144	SECTION 5. Chapter 202, Property Code, is amended by adding
145	145	Section 202.025 to read as follows:
146	146	Sec. 202.025. LIMITATIONS. (a) Section 202.024 does not:
147	147	(1) restrict a property owners' association from:
148	148	(A) regulating the size and shielding of, or the
149	149	materials used in the construction of, an animal shelter that is
150	150	visible from a street, another lot, or a common area if the
151	151	restriction does not prohibit the economic installation of the
152	152	animal shelter on the property owner's residence homestead
153	153	property;
154	154	(B) regulating or prohibiting the installation
155	155	of signage by a cottage food operation; or
156	156	(2) require a property owners' association to permit
157	157	the growing of fruits or vegetables or the raising or keeping of
158	158	fowl or rabbits on property:
159	159	(A) owned by the property owners' association; or
160	160	(B) owned in common by the members of the
161	161	property owners' association.
162	162	(b) Section 202.024 does not apply to a condominium council
163	163	of owners governed by Chapter 81 or unit owners' association
164	164	governed by Chapter 82.
165	165	SECTION 6. Chapter 202, Property Code, is amended by adding
166	166	Section 202.026 to read as follows:
167	167	Sec. 202.026. DEDICATORY INSTRUMENTS VOID. A provision in
168	168	a dedicatory instrument that violates Section 202.024 is void.
169	169	SECTION 7. Chapter 202, Property Code, is amended by adding
170	170	Section 202.024 to read as follows:
171	171	Sec. 202.024. FOOD PRODUCTION ALLOWED ON SINGLE-FAMILY
172	172	RESIDENTIAL LOT. (a) Notwithstanding any other law and except as
173	173	provided by this section, a property owners' association may not
174	174	adopt or enforce a restrictive covenant that prohibits any of the
175	175	following activities on a single-family residential lot:
176	176	(1) growing fruits and vegetables;
177	177	(2) raising or keeping:
178	178	(A) six or fewer domestic fowl; or
179	179	(B) six or fewer adult rabbits; or
180	180	(3) producing food at a cottage food production
181	181	operation, as defined by Section 437.001(2-b), Health and Safety
182	182	Code.
183	183	(b) A property owners' association may adopt and enforce a
184	184	restrictive covenant imposing reasonable requirements on the
185	185	growing of fruits and vegetables on a single-family residential lot
186	186	that do not have the effect of prohibiting the growing of the fruits
187	187	or vegetables in the front, side, or rear yard of a residence,
188	188	including:
189	189	(1) a requirement that the growing area be maintained
190	190	in good condition if visible from the street faced by the lot or
191	191	from an adjoining lot; and
192	192	(2) a requirement for the trimming or removal of a tree
193	193	as necessary for the maintenance of a utility easement.
194	194	(c) A property owners' association may adopt and enforce a
195	195	restrictive covenant imposing reasonable requirements on the
196	196	raising or keeping of fowl or rabbits on a single-family
197	197	residential lot to control odor, noise, safety, or sanitary
198	198	conditions that do not have the effect of prohibiting the raising or
199	199	keeping of the fowl or rabbits, including:
200	200	(1) a limit on the number of fowl or rabbits that is
201	201	more than:
202	202	(A) the minimum number allowed by Subsection
203	203	(a)(2); or
204	204	(B) a total combined number of eight fowl and
205	205	rabbits, subject to the limits of Subsection (a)(2);
206	206	(2) a prohibition on raising or keeping a rooster;
207	207	(3) the minimum distance between an animal shelter and
208	208	a residential structure other than the animal owner's own
209	209	residence;
210	210	(4) a requirement for fencing or shelter sufficient to
211	211	contain the fowl or rabbits on the owner's property;
212	212	(5) minimum requirements for combined housing and
213	213	outdoor space of at least:
214	214	(A) 20 square feet per fowl; and
215	215	(B) nine square feet per rabbit;
216	216	(6) a requirement to address sanitary conditions in a
217	217	manner that prevents accumulation of animal waste in a quantity
218	218	sufficient to create an offensive odor or attract pests; or
219	219	(7) a requirement that the fowl or rabbits may only be
220	220	kept in the side or rear yard of a residence.
221	221	(d) This section does not:
222	222	(1) restrict a property owners' association from:
223	223	(A) regulating the size and shielding of, or the
224	224	materials used in the construction of, an animal shelter that is
225	225	visible from a street, another lot, or a common area if the
226	226	restriction does not prohibit the economic installation of the
227	227	animal shelter on the property owner's property; or
228	228	(B) regulating parking or vehicular or
229	229	pedestrian traffic associated with a cottage food operation; or
230	230	(2) require a property owners' association to permit
231	231	the growing of fruits or vegetables or the raising or keeping of
232	232	fowl or rabbits on property:
233	233	(A) owned by the property owners' association; or
234	234	(B) owned in common by the members of the
235	235	property owners' association.
236	236	(e) This section does not apply to a condominium council of
237	237	owners governed by Chapter 81 or unit owners' association governed
238	238	by Chapter 82.
239	239	(f) A provision that violates this section is void.
240	240	SECTION 8. Section 250.014, Local Government Code, as added
241	241	by this Act, applies to an order, ordinance, resolution, rule, or
242	242	other regulation adopted before, on, or after the effective date of
243	243	this Act.
244	244	SECTION 9. This Act takes effect on September 1, 2023.