Texas 2023 - 88th Regular

Texas House Bill HB92

Filed
11/14/22  
Out of House Committee
3/22/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

The bill aims to amend the Local Government Code and the Property Code to ensure that residents can engage in productive activities that enhance their living environments. By limiting the regulatory reach of local governments and property owners' associations, HB 92 promotes urban agriculture and self-sufficiency initiatives among homeowners. This shift is expected to encourage more individuals to partake in environmentally friendly practices and contribute positively to community resilience and sustainability.

Summary

House Bill 92 establishes clear parameters regarding the authority of municipalities, counties, and property owners' associations to regulate activities on residential homestead properties. Specifically, the bill prohibits such governing bodies from enforcing rules that obstruct the growing of fruits and vegetables or the raising of small livestock, such as a limited number of domestic chickens and rabbits. It further permits the installation of renewable energy sources like solar devices, rainwater harvesting systems, and standby generators, provided certain conditions are met. This legislative measure seeks to empower property owners with greater freedom to engage in home agriculture and sustainable practices.

Sentiment

Overall sentiment surrounding HB 92 appears to be supportive amongst those advocating for the rights of homeowners and urban agricultural initiatives. Proponents view the bill as a crucial step towards facilitating sustainable living and self-sufficiency, allowing residents to take full advantage of their properties. Meanwhile, concerns may arise from local governance entities about the diminished ability to regulate activities that could impact neighborhood welfare, such as noise, odor, or the upkeep of properties. However, the bill includes provisions allowing for reasonable regulations to mitigate these concerns, indicating an attempt to find a balance.

Contention

Notable points of contention include the scope of control that municipalities and property owners' associations retain even after the passage of this bill. While the legislation firmly establishes the right to engage in specific homestead activities, it also permits these bodies to impose reasonable regulations to maintain neighborhood standards. Critics might argue this creates a gray area that could lead to uneven enforcement of regulations, potentially undermining the very rights the bill seeks to protect. The ongoing discourse reflects a deeper societal concern regarding the balance between local governance and individual property rights.

Companion Bills

TX HJR9

Enabling for Proposing a constitutional amendment relating to the right of a property owner to conduct activities necessary to secure basic human needs.

Previously Filed As

TX HB294

Relating to the regulation by a property owners' association of food production on single-family residential lots.

TX HB918

Relating to the authority of a property owners' association to regulate the assembly, association, and speech of property owners or residents.

TX SB700

Relating to the authority of a property owners' association to regulate the assembly, association, and speech of property owners or residents.

TX HB1133

Relating to the authority of a property owners' association to prohibit or regulate certain swim instruction provided in a pool on an owner's or resident's property.

TX HB2013

Relating to the authority of certain property owners' associations to prohibit or restrict the keeping of chickens.

TX SB141

Relating to the authority of a municipality or a property owners' association to regulate the raising or keeping of chickens.

TX HB621

Relating to the authority of a property owners' association to regulate the assembly, association, and speech of property owners or residents related to governmental officials or candidates for political office.

TX HB3995

Relating to regulation of certain landscaping and water conservation practices by certain property owners' associations.

TX HB1660

To Amend The Horizontal Property Act; To Regulate Property Owners Associations; And To Require An Audit For Certain Property Owners Associations.

TX HF4802

Increase in property value for homesteads owned by persons age 65 or older prohibited.

Similar Bills

FL S0276

Homestead Property Tax Benefits for Long-term Owners and Permanent Residents

NJ A2752

Prohibits homestead property tax rebates and credits and ANCHOR property tax benefits from being paid to property owners who move out of State.

MN SF5284

Relative homesteads rental licensing requirements prohibition provision

FL H0775

Assessment of Homestead Property

FL HB775

Assessment of Homestead Property:

NJ S91

"Homestead School Property Tax Reimbursement Act"; provides State reimbursement for 50% of school property taxes paid by seniors, 65 years and older.

NJ A270

"Homestead School Property Tax Reimbursement Act"; provides State reimbursement for 50% of school property taxes paid by seniors, 65 years and older.

NJ S2118

Revises criteria to establish base year for homestead property tax reimbursement after relocation.