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