88R18114 DRS-F
By: Landgraf, Cain, Harris of Anderson, H.B. No. 92
Kitzman, Cortez, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a municipality, county, or property
owners' association to prohibit or regulate certain activities on
residence homestead property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 250, Local Government Code, is amended
by adding Section 250.014 to read as follows:
Sec. 250.014. ACTIVITIES ALLOWED ON RESIDENCE HOMESTEAD
PROPERTY. (a) In this section, "residence homestead property"
means real property that is all or part of a residence homestead, as
defined by Section 11.13(j), Tax Code.
(b) Notwithstanding any other law and except as provided by
this section, a municipality or county may not adopt or enforce an
order, ordinance, resolution, rule, or other regulation that
prohibits any of the following activities on residence homestead
property:
(1) growing fruits and vegetables;
(2) raising or keeping:
(A) six or fewer chickens; or
(B) six or fewer adult rabbits; or
(3) installing for on-site use:
(A) a solar energy device, as defined by Section
11.27, Tax Code;
(B) a rainwater harvesting system; or
(C) a standby electric generator, as defined by
Section 202.019, Property Code.
(c) A municipality or county may impose reasonable
regulations on the growing of fruits and vegetables on residence
homestead property that do not have the effect of prohibiting the
growing of the fruits or vegetables in the rear yard of a residence,
including a requirement that the growing area be maintained in good
condition if visible from the street faced by the property or from
an adjoining lot.
(d) A municipality or county may impose reasonable
regulations on the raising or keeping of chickens or rabbits on
residence homestead property to control odor, noise, safety, or
sanitary conditions that do not have the effect of prohibiting the
raising or keeping of the chickens or rabbits, including:
(1) a limit on the number of chickens or rabbits that
is more than:
(A) the minimum number allowed by Subsection
(b)(2); or
(B) a total combined number of eight chickens and
rabbits, subject to the limits of Subsection (b)(2);
(2) a prohibition on raising or keeping a rooster;
(3) the minimum distance between an animal shelter and
a residential structure other than the animal owner's own
residence;
(4) a requirement for fencing or shelter sufficient to
contain the chickens or rabbits on the owner's residence homestead
property;
(5) minimum requirements for combined housing and
outdoor space of at least:
(A) 20 square feet per chicken; and
(B) nine square feet per rabbit;
(6) a requirement to address sanitary conditions in a
manner that prevents accumulation of animal waste in a quantity
sufficient to create an offensive odor or attract pests; or
(7) a requirement that the chickens or rabbits may
only be kept in the rear yard of a residence.
(e) This section does not apply to a condominium unit.
(f) An order, ordinance, resolution, rule, or other
regulation adopted by a municipality or county that violates this
section is void.
SECTION 2. Chapter 202, Property Code, is amended by adding
Section 202.024 to read as follows:
Sec. 202.024. ACTIVITIES ALLOWED ON RESIDENCE HOMESTEAD
PROPERTY. (a) In this section, "residence homestead property"
means real property that is all or part of a residence homestead, as
defined by Section 11.13(j), Tax Code.
(b) Notwithstanding any other law and except as provided by
this section, a property owners' association may not adopt or
enforce a restrictive covenant that prohibits any of the following
activities on residence homestead property:
(1) growing fruits and vegetables;
(2) raising or keeping:
(A) six or fewer domestic chickens; or
(B) six or fewer adult rabbits;
(3) installing for on-site use:
(A) a solar energy device, as defined by Section
11.27, Tax Code;
(B) a rainwater harvesting system; or
(C) a standby electric generator, as defined by
Section 202.019; or
(4) producing food at a cottage food production
operation, as defined by Section 437.001(2-b), Health and Safety
Code.
(c) A property owners' association may adopt and enforce a
restrictive covenant imposing reasonable requirements on the
growing of fruits and vegetables on residence homestead property
that do not have the effect of prohibiting the growing of the fruits
or vegetables in the rear yard of a residence, including a
requirement that the growing area be maintained in good condition
if visible from the street faced by the property or from an
adjoining lot.
(d) A property owners' association may adopt and enforce a
restrictive covenant imposing reasonable requirements on the
raising or keeping of chickens or rabbits on residence homestead
property to control odor, noise, safety, or sanitary conditions
that do not have the effect of prohibiting the raising or keeping of
the chickens or rabbits, including:
(1) a limit on the number of chickens or rabbits that
is more than:
(A) the minimum number allowed by Subsection
(b)(2); or
(B) a total combined number of eight chickens and
rabbits, subject to the limits of Subsection (b)(2);
(2) a prohibition on raising or keeping a rooster;
(3) the minimum distance between an animal shelter and
a residential structure other than the animal owner's own
residence;
(4) a requirement for fencing or shelter sufficient to
contain the chickens or rabbits on the owner's residence homestead
property;
(5) minimum requirements for combined housing and
outdoor space of at least:
(A) 20 square feet per chicken; and
(B) nine square feet per rabbit;
(6) a requirement to address sanitary conditions in a
manner that prevents accumulation of animal waste in a quantity
sufficient to create an offensive odor or attract pests; or
(7) a requirement that the chickens or rabbits may
only be kept in the rear yard of a residence.
(e) This section does not:
(1) restrict a property owners' association from
regulating the size and shielding of, or the materials used in the
construction of, an animal shelter that is visible from a street,
another lot, or a common area if the restriction does not prohibit
the economic installation of the animal shelter on the property
owner's residence homestead property; or
(2) require a property owners' association to permit
the growing of fruits or vegetables or the raising or keeping of
chickens or rabbits on property:
(A) owned by the property owners' association; or
(B) owned in common by the members of the
property owners' association.
(f) This section does not apply to a condominium council of
owners governed by Chapter 81 or unit owners' association governed
by Chapter 82.
(g) A provision that violates this section is void.
SECTION 3. This Act takes effect September 1, 2023.