| 1 | 1 | | 88R18114 DRS-F |
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| 2 | 2 | | By: Landgraf, Cain, Harris of Anderson, H.B. No. 92 |
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| 3 | 3 | | Kitzman, Cortez, et al. |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the authority of a municipality, county, or property |
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| 9 | 9 | | owners' association to prohibit or regulate certain activities on |
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| 10 | 10 | | residence homestead property. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 250, Local Government Code, is amended |
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| 13 | 13 | | by adding Section 250.014 to read as follows: |
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| 14 | 14 | | Sec. 250.014. ACTIVITIES ALLOWED ON RESIDENCE HOMESTEAD |
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| 15 | 15 | | PROPERTY. (a) In this section, "residence homestead property" |
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| 16 | 16 | | means real property that is all or part of a residence homestead, as |
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| 17 | 17 | | defined by Section 11.13(j), Tax Code. |
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| 18 | 18 | | (b) Notwithstanding any other law and except as provided by |
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| 19 | 19 | | this section, a municipality or county may not adopt or enforce an |
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| 20 | 20 | | order, ordinance, resolution, rule, or other regulation that |
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| 21 | 21 | | prohibits any of the following activities on residence homestead |
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| 22 | 22 | | property: |
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| 23 | 23 | | (1) growing fruits and vegetables; |
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| 24 | 24 | | (2) raising or keeping: |
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| 25 | 25 | | (A) six or fewer chickens; or |
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| 26 | 26 | | (B) six or fewer adult rabbits; or |
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| 27 | 27 | | (3) installing for on-site use: |
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| 28 | 28 | | (A) a solar energy device, as defined by Section |
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| 29 | 29 | | 11.27, Tax Code; |
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| 30 | 30 | | (B) a rainwater harvesting system; or |
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| 31 | 31 | | (C) a standby electric generator, as defined by |
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| 32 | 32 | | Section 202.019, Property Code. |
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| 33 | 33 | | (c) A municipality or county may impose reasonable |
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| 34 | 34 | | regulations on the growing of fruits and vegetables on residence |
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| 35 | 35 | | homestead property that do not have the effect of prohibiting the |
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| 36 | 36 | | growing of the fruits or vegetables in the rear yard of a residence, |
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| 37 | 37 | | including a requirement that the growing area be maintained in good |
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| 38 | 38 | | condition if visible from the street faced by the property or from |
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| 39 | 39 | | an adjoining lot. |
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| 40 | 40 | | (d) A municipality or county may impose reasonable |
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| 41 | 41 | | regulations on the raising or keeping of chickens or rabbits on |
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| 42 | 42 | | residence homestead property to control odor, noise, safety, or |
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| 43 | 43 | | sanitary conditions that do not have the effect of prohibiting the |
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| 44 | 44 | | raising or keeping of the chickens or rabbits, including: |
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| 45 | 45 | | (1) a limit on the number of chickens or rabbits that |
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| 46 | 46 | | is more than: |
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| 47 | 47 | | (A) the minimum number allowed by Subsection |
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| 48 | 48 | | (b)(2); or |
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| 49 | 49 | | (B) a total combined number of eight chickens and |
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| 50 | 50 | | rabbits, subject to the limits of Subsection (b)(2); |
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| 51 | 51 | | (2) a prohibition on raising or keeping a rooster; |
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| 52 | 52 | | (3) the minimum distance between an animal shelter and |
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| 53 | 53 | | a residential structure other than the animal owner's own |
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| 54 | 54 | | residence; |
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| 55 | 55 | | (4) a requirement for fencing or shelter sufficient to |
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| 56 | 56 | | contain the chickens or rabbits on the owner's residence homestead |
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| 57 | 57 | | property; |
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| 58 | 58 | | (5) minimum requirements for combined housing and |
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| 59 | 59 | | outdoor space of at least: |
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| 60 | 60 | | (A) 20 square feet per chicken; and |
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| 61 | 61 | | (B) nine square feet per rabbit; |
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| 62 | 62 | | (6) a requirement to address sanitary conditions in a |
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| 63 | 63 | | manner that prevents accumulation of animal waste in a quantity |
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| 64 | 64 | | sufficient to create an offensive odor or attract pests; or |
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| 65 | 65 | | (7) a requirement that the chickens or rabbits may |
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| 66 | 66 | | only be kept in the rear yard of a residence. |
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| 67 | 67 | | (e) This section does not apply to a condominium unit. |
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| 68 | 68 | | (f) An order, ordinance, resolution, rule, or other |
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| 69 | 69 | | regulation adopted by a municipality or county that violates this |
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| 70 | 70 | | section is void. |
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| 71 | 71 | | SECTION 2. Chapter 202, Property Code, is amended by adding |
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| 72 | 72 | | Section 202.024 to read as follows: |
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| 73 | 73 | | Sec. 202.024. ACTIVITIES ALLOWED ON RESIDENCE HOMESTEAD |
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| 74 | 74 | | PROPERTY. (a) In this section, "residence homestead property" |
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| 75 | 75 | | means real property that is all or part of a residence homestead, as |
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| 76 | 76 | | defined by Section 11.13(j), Tax Code. |
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| 77 | 77 | | (b) Notwithstanding any other law and except as provided by |
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| 78 | 78 | | this section, a property owners' association may not adopt or |
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| 79 | 79 | | enforce a restrictive covenant that prohibits any of the following |
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| 80 | 80 | | activities on residence homestead property: |
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| 81 | 81 | | (1) growing fruits and vegetables; |
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| 82 | 82 | | (2) raising or keeping: |
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| 83 | 83 | | (A) six or fewer domestic chickens; or |
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| 84 | 84 | | (B) six or fewer adult rabbits; |
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| 85 | 85 | | (3) installing for on-site use: |
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| 86 | 86 | | (A) a solar energy device, as defined by Section |
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| 87 | 87 | | 11.27, Tax Code; |
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| 88 | 88 | | (B) a rainwater harvesting system; or |
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| 89 | 89 | | (C) a standby electric generator, as defined by |
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| 90 | 90 | | Section 202.019; or |
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| 91 | 91 | | (4) producing food at a cottage food production |
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| 92 | 92 | | operation, as defined by Section 437.001(2-b), Health and Safety |
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| 93 | 93 | | Code. |
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| 94 | 94 | | (c) A property owners' association may adopt and enforce a |
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| 95 | 95 | | restrictive covenant imposing reasonable requirements on the |
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| 96 | 96 | | growing of fruits and vegetables on residence homestead property |
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| 97 | 97 | | that do not have the effect of prohibiting the growing of the fruits |
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| 98 | 98 | | or vegetables in the rear yard of a residence, including a |
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| 99 | 99 | | requirement that the growing area be maintained in good condition |
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| 100 | 100 | | if visible from the street faced by the property or from an |
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| 101 | 101 | | adjoining lot. |
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| 102 | 102 | | (d) A property owners' association may adopt and enforce a |
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| 103 | 103 | | restrictive covenant imposing reasonable requirements on the |
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| 104 | 104 | | raising or keeping of chickens or rabbits on residence homestead |
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| 105 | 105 | | property to control odor, noise, safety, or sanitary conditions |
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| 106 | 106 | | that do not have the effect of prohibiting the raising or keeping of |
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| 107 | 107 | | the chickens or rabbits, including: |
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| 108 | 108 | | (1) a limit on the number of chickens or rabbits that |
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| 109 | 109 | | is more than: |
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| 110 | 110 | | (A) the minimum number allowed by Subsection |
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| 111 | 111 | | (b)(2); or |
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| 112 | 112 | | (B) a total combined number of eight chickens and |
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| 113 | 113 | | rabbits, subject to the limits of Subsection (b)(2); |
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| 114 | 114 | | (2) a prohibition on raising or keeping a rooster; |
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| 115 | 115 | | (3) the minimum distance between an animal shelter and |
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| 116 | 116 | | a residential structure other than the animal owner's own |
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| 117 | 117 | | residence; |
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| 118 | 118 | | (4) a requirement for fencing or shelter sufficient to |
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| 119 | 119 | | contain the chickens or rabbits on the owner's residence homestead |
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| 120 | 120 | | property; |
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| 121 | 121 | | (5) minimum requirements for combined housing and |
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| 122 | 122 | | outdoor space of at least: |
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| 123 | 123 | | (A) 20 square feet per chicken; and |
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| 124 | 124 | | (B) nine square feet per rabbit; |
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| 125 | 125 | | (6) a requirement to address sanitary conditions in a |
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| 126 | 126 | | manner that prevents accumulation of animal waste in a quantity |
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| 127 | 127 | | sufficient to create an offensive odor or attract pests; or |
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| 128 | 128 | | (7) a requirement that the chickens or rabbits may |
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| 129 | 129 | | only be kept in the rear yard of a residence. |
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| 130 | 130 | | (e) This section does not: |
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| 131 | 131 | | (1) restrict a property owners' association from |
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| 132 | 132 | | regulating the size and shielding of, or the materials used in the |
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| 133 | 133 | | construction of, an animal shelter that is visible from a street, |
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| 134 | 134 | | another lot, or a common area if the restriction does not prohibit |
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| 135 | 135 | | the economic installation of the animal shelter on the property |
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| 136 | 136 | | owner's residence homestead property; or |
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| 137 | 137 | | (2) require a property owners' association to permit |
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| 138 | 138 | | the growing of fruits or vegetables or the raising or keeping of |
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| 139 | 139 | | chickens or rabbits on property: |
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| 140 | 140 | | (A) owned by the property owners' association; or |
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| 141 | 141 | | (B) owned in common by the members of the |
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| 142 | 142 | | property owners' association. |
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| 143 | 143 | | (f) This section does not apply to a condominium council of |
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| 144 | 144 | | owners governed by Chapter 81 or unit owners' association governed |
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| 145 | 145 | | by Chapter 82. |
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| 146 | 146 | | (g) A provision that violates this section is void. |
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| 147 | 147 | | SECTION 3. This Act takes effect September 1, 2023. |
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