Bill Text: TX HB4995 | 2023-2024 | 88th Legislature | Introduced

---

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-23 - Referred to State Affairs [HB4995 Detail]

Download: Texas-2023-HB4995-Introduced.html

---

By: Kitzman H.B. No. 4995

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
ordinance 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 fowl; or
(B) six or fewer adult rabbits; or
(3) installing for on-site use:
(A) a solar or wind-powered energy device, as
defined by Section 11.27, Tax Code;
(B) an underground shelter;
(C) rain barrels or a rainwater harvesting
system; or
(D) 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 front, side, or rear yard
of a residence, including:
(1) 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; and
(2) a requirement for the trimming or removal of a tree
as necessary for the maintenance of a utility easement.
(d) A municipality or county may impose reasonable
regulations on the raising or keeping of fowl 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 fowl or rabbits, including:
(1) a limit on the number of fowl or rabbits that is
more than:
(A) the minimum number allowed by Subsection
(b)(2); or
(B) a total combined number of eight fowl 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 fowl 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 fowl; 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 fowl or rabbits may only be
kept in the side or rear yard of a residence.
(e) This section does not apply to a condominium unit.
SECTION 2. Chapter 250, Local Government Code, is amended
by adding Section 250.015 to read as follows:
Sec. 250.015. MUNICIPAL OR COUNTY REGULATIONS VOID. An
order, ordinance, rule or other regulation adopted by a
municipality or county that violates Section 250.014 is void.
SECTION 3. Chapter 202, Property Code, is amended by adding
Section 202.027 to read as follows:
Sec. 202.027. 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 fowl; or
(B) six or fewer adult rabbits;
(3) installing for on-site use:
(A) a solar or wind-powered energy device, as
defined by Section 11.27, Tax Code;
(B) an underground shelter;
(C) rain barrels or a rainwater harvesting
system; or
(D) 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 front, side, or rear yard of a residence,
including:
(1) 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; and
(2) a requirement for the trimming or removal of a tree
as necessary for the maintenance of a utility easement.
(d) A property owners' association may adopt and enforce a
restrictive covenant imposing reasonable requirements on the
raising or keeping of fowl 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 fowl or rabbits, including:
(1) a limit on the number of fowl or rabbits that is
more than:
(A) the minimum number allowed by Subsection
(b)(2); or
(B) a total combined number of eight fowl 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 fowl 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 fowl; 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 fowl or rabbits may only be
kept in the side or rear yard of a residence.
SECTION 4. Section 151.3131(b), Tax Code, is amended to
read as follows:
(b) The sale, storage, use, or other consumption of a
firearm, a firearm accessory, ammunition, or firearm safety
equipment is exempted from the taxes imposed by this chapter.
SECTION 5. Chapter 202, Property Code, is amended by adding
Section 202.025 to read as follows:
Sec. 202.025. LIMITATIONS. (a) Section 202.024 does not:
(1) restrict a property owners' association from:
(A) 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;
(B) regulating or prohibiting the installation
of signage by a cottage food operation; or
(2) require a property owners' association to permit
the growing of fruits or vegetables or the raising or keeping of
fowl or rabbits on property:
(A) owned by the property owners' association; or
(B) owned in common by the members of the
property owners' association.
(b) Section 202.024 does not apply to a condominium council
of owners governed by Chapter 81 or unit owners' association
governed by Chapter 82.
SECTION 6. Chapter 202, Property Code, is amended by adding
Section 202.026 to read as follows:
Sec. 202.026. DEDICATORY INSTRUMENTS VOID. A provision in
a dedicatory instrument that violates Section 202.024 is void.
SECTION 7. Chapter 202, Property Code, is amended by adding
Section 202.024 to read as follows:
Sec. 202.024. FOOD PRODUCTION ALLOWED ON SINGLE-FAMILY
RESIDENTIAL LOT. (a) 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 a single-family residential lot:
(1) growing fruits and vegetables;
(2) raising or keeping:
(A) six or fewer domestic fowl; or
(B) six or fewer adult rabbits; or
(3) producing food at a cottage food production
operation, as defined by Section 437.001(2-b), Health and Safety
Code.
(b) A property owners' association may adopt and enforce a
restrictive covenant imposing reasonable requirements on the
growing of fruits and vegetables on a single-family residential lot
that do not have the effect of prohibiting the growing of the fruits
or vegetables in the front, side, or rear yard of a residence,
including:
(1) a requirement that the growing area be maintained
in good condition if visible from the street faced by the lot or
from an adjoining lot; and
(2) a requirement for the trimming or removal of a tree
as necessary for the maintenance of a utility easement.
(c) A property owners' association may adopt and enforce a
restrictive covenant imposing reasonable requirements on the
raising or keeping of fowl or rabbits on a single-family
residential lot to control odor, noise, safety, or sanitary
conditions that do not have the effect of prohibiting the raising or
keeping of the fowl or rabbits, including:
(1) a limit on the number of fowl or rabbits that is
more than:
(A) the minimum number allowed by Subsection
(a)(2); or
(B) a total combined number of eight fowl and
rabbits, subject to the limits of Subsection (a)(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 fowl or rabbits on the owner's property;
(5) minimum requirements for combined housing and
outdoor space of at least:
(A) 20 square feet per fowl; 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 fowl or rabbits may only be
kept in the side or rear yard of a residence.
(d) This section does not:
(1) restrict a property owners' association from:
(A) 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 property; or
(B) regulating parking or vehicular or
pedestrian traffic associated with a cottage food operation; or
(2) require a property owners' association to permit
the growing of fruits or vegetables or the raising or keeping of
fowl or rabbits on property:
(A) owned by the property owners' association; or
(B) owned in common by the members of the
property owners' association.
(e) This section does not apply to a condominium council of
owners governed by Chapter 81 or unit owners' association governed
by Chapter 82.
(f) A provision that violates this section is void.
SECTION 8. Section 250.014, Local Government Code, as added
by this Act, applies to an order, ordinance, resolution, rule, or
other regulation adopted before, on, or after the effective date of
this Act.
SECTION 9. This Act takes effect on September 1, 2023.