Big news in TEXAS this week!

[ChickenManny]

If anyone wants to read SB 98....here is the link
http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=851&Bill=SB98

If we get lucky and it makes it all the way, we can fill our coop on December 1, 2017
My only worry is the distance between the coop and a residence. When you live in a subdivision you don't have much room between houses and I wouldn't put it pass my city to take advantage of this to prevent us from having them in the backyard. Cluck!

The bill specifically prohibits municipalities and political subdivisions from setting arbitrary boundaries to prohibit the raising of hens. In other words, if the bill passes, you have the right to raise the chickens even if they are right across the fence from your neighbor.

Here in San Antonio, the law is 100 feet. IF this passes, kiss that goodbye!

 

[NorthTexasWink]

I'm guessing that some reasonable spacing will be allowed, just nothing crazy like 100 yards. Problem is that the idea of what is reasonable varies from person to person and situation to situation.

 

[NorthTexasWink]

If I'm being honest, I do understand that some folks don't want to live near chickens or maybe near any livestock. I understand that, and feel they have a right to that. Just like not having religion forced on you, you should be able to live pretty much comfortably in your own homes without your neighbors activities messing with you. That's why HOAs came to be. No one is forced to sign a HOA agreement, nor live where a HOA holds sway.

Most HOAs have a board of homeowners that has the ability to change the rules if the majority can agree to such changes. If the folks in the HOA want new rules, I feel they should get busy, get together, and get new rules the majority can agree on. It's called compromise, and while it might not be perfect or make everyone happiest, it'll probably be something everyone can reasonably live with. If you live in a HOA that doesn't allow chickens, and the majority of your neighbors don't want them nearby, then guess what? No chickens. Majority rules. You want them? Move. If the majority agrees to do differently, then great! New rules, new deals

I'm frankly not amazed that people can blind themselves so utterly to the facts just because they want things to be what they, themselves, want to be. But I am frustrated by it. I'm not singling out anyone here specifically, but some folks do seem to think legal contracts signed by them, with full access to counsel, are not binding just because they don't want them to be binding. The world just doesn't work that way. Pass all the laws you want, but if you've already agreed, made a legal deal, promised to abide to a set of rules and standards with the other homeowners to do or not do something, you should stand by your word.

 

[Porkchoptx]

It is waiting to be referred to a committee and it will be a lot harder this time around according to a lady in the lieutenant governor's office I pleaded with her to please help get this referred to a committee. She actually remembered it being on the Senate floor during the regular session so they are all familiar and know that it passed the senate quickly

I just put a letter in the mail today to Dan Patrick to ask for his assistance in getting it to a committee. I am also going to email him We need to also contact the office of Karina Davis the parliamentarian that's the people I talk to yesterday. She is the lady that stands to the left of Dan Patrick while the Senate is in action
They are involved in the committees

https://www.txdirectory.com/online/office/?id=7

We can't give up now but time is our enemy

 

[ChickenManny]

If I'm being honest, I do understand that some folks don't want to live near chickens or maybe near any livestock. I understand that, and feel they have a right to that. Just like not having religion forced on you, you should be able to live pretty much comfortably in your own homes without your neighbors activities messing with you. That's why HOAs came to be. No one is forced to sign a HOA agreement, nor live where a HOA holds sway.

Most HOAs have a board of homeowners that has the ability to change the rules if the majority can agree to such changes. If the folks in the HOA want new rules, I feel they should get busy, get together, and get new rules the majority can agree on. It's called compromise, and while it might not be perfect or make everyone happiest, it'll probably be something everyone can reasonably live with. If you live in a HOA that doesn't allow chickens, and the majority of your neighbors don't want them nearby, then guess what? No chickens. Majority rules. You want them? Move. If the majority agrees to do differently, then great! New rules, new deals

I'm frankly not amazed that people can blind themselves so utterly to the facts just because they want things to be what they, themselves, want to be. But I am frustrated by it. I'm not singling out anyone here specifically, but some folks do seem to think legal contracts signed by them, with full access to counsel, are not binding just because they don't want them to be binding. The world just doesn't work that way. Pass all the laws you want, but if you've already agreed, made a legal deal, promised to abide to a set of rules and standards with the other homeowners to do or not do something, you should stand by your word.

I'm whole-heartedly disagree with your statements.

You cannot buy a house in a HOA neighborhood in Texas if you do not sign the covenant agreements.

HOA's do not have the legal standing to usurp the rights of the people that are given them by their duly elected representatives. No contract under Texas Constitution can cause you to surrender your rights. That is Texas Law.

I will fight my HOA to the US Supreme Court if they try to stop my rights given to me by God, the Declaration of Independence, and the Constitution, to Life, Liberty, and the pursuit of Happiness.

I will fight them if they try to stop my right to feed myself through gardening and chickens. I will stand up to the tyranny which is an out of control HOA.

If the HOA abides by the laws of the state, and the municipality, then I have no issue with them and will abide by such rules laid out by CC&R's. Remember, they are only rules, NOT LAWS. And I be "hen-pecked" if I ever allow a CC&R to deny me my civil liberties.

 

[NorthTexasWink]

I agree with you on many points @ChickenManny , but I'm going to have to stand by my assertion that entering into a contractual agreement with a HOA by one's own free will won't be seen as being any different than entering into a contractual agreement with any other legal entity. I personally find HOAs so abhorrent that I have made sacrifices, like commuting 90 miles each way for work, just to avoid them. Since HOAs are not considered municipalities under the law, I doubt this bill, as written, will have any effect on them from a purely legal standpoint. I wish it wasn't so. But wishing doesn't make it so. This bill would help others, so I support that. But as I've said before in this thread, I don't think it's the answer for folks living under the jackboots of a HOA.

 

[Porkchoptx]

It is waiting to be referred to a committee and it will be a lot harder this time around according to a lady in the lieutenant governor's office I pleaded with her to please help get this referred to a committee. She actually remembered it being on the Senate floor during the regular session so they are all familiar and know that it passed the senate quickly

I just put a letter in the mail today to Dan Patrick to ask for his assistance in getting it to a committee. I am also going to email him We need to also contact the office of Karina Davis the parliamentarian that's the people I talk to yesterday. She is the lady that stands to the left of Dan Patrick while the Senate is in action
They are involved in the committees

https://www.txdirectory.com/online/office/?id=7

We can't give up now but time is our enemy

Bump....
Don't want this to get loss in the HOA conversation
Monday July 31st we must start calling and emailing to get SB 98 referred to a committee

 

[Porkchoptx]

I just sent emails to Lt.Governor Dan Patrick and the Agriculture Committee members asking them to please help Senator Van Taylor's SB 98 get referred to a committee and passed this year.
I will also call each senator's capital office as well.

Dan Patrick email: [email protected]

2017 Agriculture Committee Members:
Charles Perry
Jose Rodriguez
Brandon Creighton
Bob Hall
Juan "Chuy" Hinojosa
Lois Kolkhorst
Borris Miles

Go to each senator's senate page and click on the send email box
http://www.senate.state.tx.us/members.php

If you would rather call then email, you will see under their name it says office information click that or scroll down the page for their capital office phone number.

Hopefully, one of them will help us. Good luck to us! Please join me in the fight for our chickens

 

[Porkchoptx]

Has anyone else made some calls to Austin? It is late in the 4th quarter and we are fixing to lose the game. They need to know we want this.

 

[rcporter5]

any word on it