Bill Text: TX HB92 | 2023-2024 | 88th Legislature | Engrossed
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: Moderate Partisan Bill (Republican 8-1)
Status: (Engrossed - Dead) 2023-04-20 - Referred to Local Government [HB92 Detail]
Download: Texas-2023-HB92-Engrossed.html
| 88R18114 DRS-F | ||
| By: Landgraf, Cain, Harris of Anderson, | H.B. No. 92 | |
| Kitzman, Cortez, et al. | ||
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| 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. | ||
