Texas Codes

Tex. Hum. Res. Code § 123.003 (2026)

Zoning And Restriction Discrimination Against Community Homes Prohibited

✓ current as of May 2026

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Sec. 123.003. ZONING AND RESTRICTION DISCRIMINATION AGAINST COMMUNITY HOMES PROHIBITED. (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.

Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01(a), eff. Aug. 26, 1991.

Notes of Decisions

Cited in 5 cases, 1994–2009 · leading case: Meehl v. Wise, 285 S.W.3d 561 (Tex. App. 2009).

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Meehl v. Wise, 285 S.W.3d 561 (Tex. App. 2009). · cites it 4× “TEX. HUM. RES. CODE ANN. § 123.003 (Vernon 2001).”

Deep East Texas Reg'l Mental Health & Mental Retardation Servs. v. Kinnear, 877 S.W.2d 550 (Tex. App. 1994). · cites it 3× “1994) that states no restrictions are to apply to property used as a family home must prevail over any attempted limitations under Tex.Hum.Res.Code Ann. § 123.003 (Vernon Supp.”

City of Irving v. Dallas/Fort Worth Int'l Airport Bd., 894 S.W.2d 456 (Tex. App. 1995). “57(a) & *468 (b) (Vernon 1995) (governing alcoholic beverage sales); Tex.Hum.Res.Code Ann. § 123.003 (Vernon Supp.”

City of Friendswood v. Registered Nurse Care Home, 965 S.W.2d 705 (Tex. App. 1998). “Tex.Hum.Res.Code § 123.004(2) (1998). A personal care facility is defined as an establishment that (1) furnishes food and shelter to four or more persons unrelated to the proprietor, and (2) provides personal care services, including assistance with meals, dressing, movement,…”

Meehl v. Wise, 285 S.W.3d 561 (Tex. App. 2009). · cites it 3× “Tex. Hum. Res. Code Ann. § 123.003 (Vernon 2001).”

— Tex. Hum. Res. Code § 123.003(b) — 1 case

Deep East Texas Reg'l Mental Health & Mental Retardation Servs. v. Kinnear, 877 S.W.2d 550 (Tex. App. 1994). “1994) that states no restrictions are to apply to property used as a family home must prevail over any attempted limitations under Tex.Hum.Res.Code Ann. § 123.003 (Vernon Supp.”

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