ZONING AND RESTRICTION DISCRIMINATION AGAINST COMMUNITY HOMES PROHIBITED
Known as the Community Homes for Persons With Disabilities Act
The act spans §§ 123–123 (10 sections).
Applied in 5 court decisions — leading case City of Irving v. Dallas/Fort Worth International Airport Board (1995)
Most recently applied in Meehl v. Wise (July 2009)
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01(a), eff
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) The use and operation of a community home that meets the qualifications imposed under this chapter is a use by right that is authorized in any district zoned as residential.
(b) A restriction, reservation, exception, or other provision in an instrument created or amended on or after September 1, 1985, that relates to the transfer, sale, lease, or use of property may not prohibit the use of the property as a community home.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.