Big news in TEXAS this week!

[jlivings]

When this bill passes, it will be a law, and said PS..such as the MUD districts, towns, cities...will not be able to prohibit hens.
An HOA can not not follow the law...
The state law will be the state law...If the HOA is inside of a political sub (which I am going to guess that MOST are) then they have to abide by this law. period.

The bill doesn't say...people inside of these political subdivisions will have the right to choose to follow this law or not.


right?

We are way overthinking this...

The political subdivisions that are bound by public laws will have to follow this but my understanding is HOAs are private subdivisions and therefore can still inforce the no chickens due to contract law that each homeowner agreed to upon moving into said subdivision. So in your example if you lived in a non hoa subdivision in the mud then you can have up to 6 chickens But if you live in hoa subdivision in the mud the hoa can contractually prohibit chickens through CC&R Sent from my SAMSUNG-SM-G890A using Tapatalk

 

[TxAg11]

Quote:
Any chicken-raising attorneys? No? As a general rule of how governments function; State law>city law>HOA rules. If state law prohibits cities from banning chickens, the HOA's would fall under that same umbrella.

 

[Kiki]

Quote: So this bill will be passed (I'm just sure it will) and become a state law which makes it legal in the entire state of Texas for one to own 6 or less backyard chickens.

Correct?

 

[TxAg11]

Quote:
That is what I believe, given what I've read and interpreted from the current state of the bill. It had better pass. There's no reason not to, except for ignorance, which can be a surprisingly strong force...

 

[jlivings]

Hoas prohibit a lot of things that city's and states allow I don't see how the city being required to allow chickens would have any effect on the hoa

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[oldhen2345]

Our city (in Texas)
is trying to get a bill to pass to allow up to a dozen back yard chickens- you can already have 6. Hope this passes.

 

[The Moonshiner]

Hoas prohibit a lot of things that city's and states allow I don't see how the city being required to allow chickens would have any effect on the hoa

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This is going to be interesting to follow.
Its not that the city is required to allow chickens.
Its that the state is making it illegal to deny chickens.
HOAs have to follow state laws, right?

 

[haycat]

Wonderful news!!!

 

[jlivings]

This is going to be interesting to follow.
Its not that the city is required to allow chickens.
Its that the state is making it illegal to deny chickens.
HOAs have to follow state laws, right?

Not these kind of laws the state doesnt care if I park a boat in my front yard but my hoa does and has rules against it.

HOA CC&Rs are contracts agreed to by all parties involved and you agree when you move in. The state doesn't care what rules the 2 parties agree to. It's just saying for those who live in unrestricted neighborhoods the local public government can't prohibit less than 6 chickens.

These are 2 completely seperate issues.

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[jlivings]

We can not confuse the word subdivision with neighborhood

Political subdivision means divisions government so state county city utility districts school districts health districts anything that can hire it's own police or fire department basically.

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