Big news in TEXAS this week!

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From the Social Security .gov website : "A political subdivision is a separate legal entity of a State which usually has specific governmental functions. The term ordinarily includes a county, city, town, village, or school district, and, in many States, a sanitation, utility, reclamation, drainage, flood control, or similar district.”

From Encyclopedia.com: "POLITICAL SUBDIVISIONS are local governments created by the states to help fulfill their obligations. Political subdivisions include counties, cities, towns, villages, and special districts such as school districts, water districts, park districts, and airport districts."

After speaking to a Realtor, my retired real estate and family law paralegal mother, and parsing the language of this bill myself, I'm pretty sure you are still SOL if you signed papers with your HOA.( I'll live on the streets before I ever live under the jackboots of an HOA.) So, while this is a step forward for lots of us city dwellers, it is probably not ever going to help those living in HOAs. Sorry folks.
 
http://www.chron.com/news/politics/...cken-bill-sparks-Foghorn-Leghorn-11058562.php

For us under-the-radar members, we can come out of hiding, sorta.
But, hey, this is a big step in the right direction!


---------------------------------EDIT--------------------------------
IMPORTANT:

This bill will be up for a vote in the Texas House in several weeks. I'd encourage you all to:

A. Find out who represents your county
B. Email and/or call your representatives and encourage them to support this bill. Give testimonials, pictures, and details.

Don't know who represents you? Go here: http://www.fyi.legis.state.tx.us/Home.aspx

I saw the bill SB1620 has been voted for and is effective September 1, 2017! https://legiscan.com/TX/text/SB1620/id/1585712
The bill SB1620 states that everybody in Texas can have up to 6hens. Even in masterplan subdivisions (which I am) we can raise some. I live in Pearland, TX and would like to know: is this bill really going to trump an HOA?
 
Sorry but this is all old news.
Yes, it did pass the senate but it did not make it on the calendar to be voted on in the house. It ran out of time and the regular session ended. There is still a chance. I am going to copy and paste what I wrote yesterday.


UPDATE: I just spoke to Denise in Van Taylor's district office. They are still working to see where they can attach the chicken bill to a special session item. She said it will probably be closer to July 18 (when the special session begins).

I asked that they post on facebook and twitter any updates and to advise us of who we can start contacting to get this passed. She said they would and to also call her back. I told her I was going to contact chicken breeders and feed stores and get them to contact whichever representatives as well so we can get it passed. They stand to profit too so with the internet it will be very easy to send emails with the information.

If you haven't called Senator Van Taylor's office yet - PLEASE DO - so just to let them know there are a lot of people wanting this. I'm sure they will let the Senator know they are getting calls from all over the state wanting this so hopefully they will try even harder to get it in the special session.

Van Taylor's district office in Plano 972-398-9416 This was the number I called and spoke to Denise.

Van Taylor's state capital phone number: 512-463-0108 She said they were already back in Austin so I am going to call his capital office number as well.

Please call.....
 
There are a lot or things that are on our covenants that are no longer valid. Many of these were done years, even decades, earlier. Lots of them are copies of someelses or a "stock" form. As the laws change these forms do not get changed, they could do an amendment to that particular article but that costs money and if it is not a problem why do it? The bottom line is state and city law trumps HOA regulations. I believe if push came to shove they would be granted permission. It just depends on how much hell they are willing to go through. We a guy that made everyone's life hell and made his own rules, a total control freak! We finally managed to throw him and his henchmen out. Our board is much better now, they even tried to change the DCCR's for poultry, number of horses and bring it up to date so the common layperson could read it but could we get enough people off their butts to even vote yes or no? Heck no! So here e are with illegal chickens now! :he
OK I feel better now.
I live in a subdivision,(not going to say which one :p), just north of Houston. The county and city allows for chickens providing that the chicken house/coop is 400 feet from a neighbors house. However our deed restrictions, written in 1975, state that we can not have "live stock or poultry", and no more than 4 domestic pets.
I have always wanted chickens, for reasons obvious to all chicken lovers I am sure. So, during a "mommy chat" at the pool I found that there were several other families that also want backyard chickens.
In the HOA documents it states that we can petition the rule with only three people to begin the petition. AS WELL AS / OR requesting that the restrictions be updated, or ammended,due to the length of time since they were written.
Our only obstacle is that the board leaders are older and also control freaks. But as our neighborhood is quickly turning over to young and middle age families who are like minded on several issues, we are planning to attend every meeting, and elect and VOTE for new leadership of the HOA.
(In the meantime seven plus families have decided that it is easier to ask forgiveness than permission. :cool:)
 
There are a lot or things that are on our covenants that are no longer valid. Many of these were done years, even decades, earlier. Lots of them are copies of someelses or a "stock" form. As the laws change these forms do not get changed, they could do an amendment to that particular article but that costs money and if it is not a problem why do it? The bottom line is state and city law trumps HOA regulations. I believe if push came to shove they would be granted permission. It just depends on how much hell they are willing to go through. We a guy that made everyone's life hell and made his own rules, a total control freak! We finally managed to throw him and his henchmen out. Our board is much better now, they even tried to change the DCCR's for poultry, number of horses and bring it up to date so the common layperson could read it but could we get enough people off their butts to even vote yes or no? Heck no! So here e are with illegal chickens now! :he
OK I feel better now.
Easier to ask forgiveness than permission.
 
I called the capital office also today. Can't remember the girl's name. Correct, there is no opposition. I think it is just a matter of someone letting it get attached to their item in the special session. The risky part is if the other item it is attached to fails then it will fail too. Cluck it.....I hope that doesn't happen. I am going to email the governor also.

Everybody please keep calling and report back here
 
I just called the Senator's office. The representative I spoke to said they are getting overwhelming support of the bill. That's the good news. The thing that raised my eyebrows is that she said the bill is not covering HOA's. I immediately pressed her on this issue along the lines that an unelected body is usurping the rights of the people when the legislation of duly elected officials gives us this right. I asked her to have the senator to update his bill to say ...political subdivisions, and HOA's. She said she would pass it on.

We need to press the addition of the HOA to the bill, otherwise, this may be a mute point to a bill that will not impact us under the boots of HOA's. Call. Call. Call. Make sure you include asking for HOA's to be added to the bill!

The session starts 18 July and no details about the bill will be made known until around that time, per the rep I spoke to. No matter, please keep calling!
 

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