New ACT Protecting Folks from POAs Signed by Governor of Texas

[HorizontalMike]

I have been at odds with my POA regarding my private gun range for nearly a year. Texas Governor Greg Abbott just signed SB741 into law yesterday, Friday June 14, 2019. This increases our 2nd Amendment Rights in Texas by a mile! HOAs and POAs are just such a PITA down here, and I am very happy that their pseudo-governmental powers have been checked with this new law protecting our 2nd Amendment Rights!!
Yee Haw!....


S.B. No. 741
AN ACT
relating to restrictive covenants regarding firearms or firearm ammunition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 202, Property Code, is amended by adding Section 202.020 to read as follows:
Sec. 202.020. REGULATION OF FIREARMS OR FIREARM AMMUNITION. A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting any person who is otherwise authorized from lawfully possessing, transporting, or storing a firearm, any part of a firearm, or firearm ammunition, as well as the otherwise lawful discharge of a firearm.
SECTION 2. This Act takes effect September 1, 2019.

Texas Legislature Online - 86(R) Bill Stages for SB 741

 

[M29since14]

It's a different subject, but this is why many of us want to die at home. Who wants to live any length of time where one can't keep a revolver lying in a drawer? Pffft!

Happy to know your legislature took steps to further protect your rights.

 

[LI Ammo]

I have been at odds with my POA regarding my private gun range for nearly a year. Texas Governor Greg Abbott just signed SB741 into law yesterday, Friday June 14, 2019. This increases our 2nd Amendment Rights in Texas by a mile! HOAs and POAs are just such a PITA down here, and I am very happy that their pseudo-governmental powers have been checked with this new law protecting our 2nd Amendment Rights!!
Yee Haw!....


S.B. No. 741
AN ACT
relating to restrictive covenants regarding firearms or firearm ammunition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 202, Property Code, is amended by adding Section 202.020 to read as follows:
Sec. 202.020. REGULATION OF FIREARMS OR FIREARM AMMUNITION. A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting any person who is otherwise authorized from lawfully possessing, transporting, or storing a firearm, any part of a firearm, or firearm ammunition, as well as the otherwise lawful discharge of a firearm.
SECTION 2. This Act takes effect September 1, 2019.

Texas Legislature Online - 86(R) Bill Stages for SB 741

Be careful Sir, too much freedom like that and everyone in the US will want to live there. And you certainly don't want that to happen!

 

[SMSgt]

Couldn't do it here in FL. Shame it takes a state law to tell an HOA/POA to buzz off. I would never live in one.

 

[gman51]

I just wonder how that affects county laws/ordinances that a gun can't be fired by a property owner on property with less than 10 acres?

 

[krsmith58]

i was told by local sheriffs dept. that should i constuct a acceptable, in their openion , outdoor range on my six acres , 10 ft. berms on 3 sides , they would advise nieghbors all was well and not to call anymore .

 

[HorizontalMike]

NO More Bluster By HOAs & POAs - The Law Has Changed

I just wonder how that affects county laws/ordinances that a gun can't be fired by a property owner on property with less than 10 acres?

In Texas, the discharge of firearms is ONLY authorized by State Statutes, to the County's Commissioners Court, and NO ONE ELSE. Local POAs and HOAs have tried to differ with this law/Statute and this is why it is NOW specifically delineated in it's own Statute. Not saying yea or nay, just pointing out the facts.

BTW, I live in a rural county, with a small population, that respects such rights in unincorporated subdivisions. City folks moving out to the country tend to forget that THEY are the ones that need to assimilate, and not the other way around.

 

[HorizontalMike]

Some things in Texas really ARE worth it...

i was told by local sheriffs dept. that should i constuct a acceptable, in their openion , outdoor range on my six acres , 10 ft. berms on 3 sides , they would advise nieghbors all was well and not to call anymore .

Besides that, I will always make a "Courtesy Call" to the Sheriff's Office, indicating when, where, and how long my private range will be hot. This prevents neighbors from clogging, AKA misusing emergency hotlines to B&M their personal opinions. Works like a charm and the local Deputies love it. There are NOT enough Deputies to cover a county of +700 sq. mi. with only a population of <11,000. Just sayin'... Some things in Texas really ARE worth it...

 

[usmc2427765]

Thats why I live in Texas.

 

[dockmurgw]

Wow...something else to add to my list of things I take for granted, living where the total state population is 600,000 and dropping. State law here forbids any municipality from enacting ANY firearms related law, and there are no state laws that dictate when and where someone can shoot. That's the great thing about living north, immune to the mass migration south of people looking for cheaper taxes. It's peaceful, and we don't have hundreds of thousands of people bringing what their trying to escape with them.

 

[Watchdog]

That's the great thing about living north, immune to the mass migration south of people looking for cheaper taxes. It's peaceful, and we don't have hundreds of thousands of people bringing what they're trying to escape with them.

You've no idea how much I envy you in that regard.

 

[dockmurgw]

You've no idea how much I envy you in that regard.

I can imagine...and you guys on the receiving end of this have no idea how much I feel for you for the changes your seeing. One thing that I always thought was special about this country is the regional cultures and peculiarities that made each area unique from the other. That's all disappearing now. Heck, the last time I went south for a visit I was hard pressed to hear a southern accent...they all talked like me! And I have a feeing the celebration in Texas will be short lived, this new law you have can be easily circumvented with local ordinances, so you know the busy body control freaks that run the POA's are already working on that.

 

[HorizontalMike]

I can imagine...and you guys on the receiving end of this have no idea how much I feel for you for the changes your seeing. One thing that I always thought was special about this country is the regional cultures and peculiarities that made each area unique from the other. That's all disappearing now. Heck, the last time I went south for a visit I was hard pressed to hear a southern accent...they all talked like me! And I have a feeing the celebration in Texas will be short lived, this new law you have can be easily circumvented with local ordinances, so you know the busy body control freaks that run the POA's are already working on that.

While I understand what you are saying, I feel it is important to point out the portion of the Act that says,
"...or has the effect of prohibiting or restricting any person..." It is my belief that that particular phrasing takes what you are alluding to and nips that possibility in the bud as well.

Texas State Statutes only authorize a County's Commissioners Court to control/regulate firearm discharge, and specifically preempts Municipalities and Counties from doing so.

 

[dockmurgw]

Texas State Statutes only authorize a County's Commissioners Court to control/regulate firearm discharge, and specifically preempts Municipalities and Counties from doing so.

Excellent, then it looks like you have some protection. This is the only thing that protects us from the loonies here, so it's good to see you have it to. Anyway, a win for any of us is a win for all of us, so I'm celebrating your victory with you.