Sec. 5.020. EASEMENTS RESTRICTING POSSESSION OF FIREARMS OR ALCOHOLIC BEVERAGES PROHIBITED. (a) In this section:
(1) "Alcoholic beverage" has the meaning assigned by Section 1.04, Alcoholic Beverage Code.
(2) "Firearm" has the meaning assigned by Section 46.01, Penal Code. The term includes any firearm parts, firearm accessories, and firearm ammunition.
(b) This section does not apply to a right-of-way easement for a pipeline, electric transmission line, or other utility.
(c) An instrument granting an access easement may not restrict or prohibit an easement holder or an easement holder's guest from possessing, carrying, or transporting a firearm or an alcoholic beverage over the servient estate while using the easement for the easement's purpose.
(d) The owner of a servient estate may not enforce a restrictive covenant in an instrument granting an access easement over the servient estate that restricts or prohibits the easement holder or the easement holder's guest from possessing, carrying, or transporting a firearm or an alcoholic beverage over the servient estate while using the easement for the easement's purpose.
Added by Acts 2021, 87th Leg., R.S., Ch. 907 (H.B. 4346), Sec. 1, eff. September 1, 2021.
Structure Texas Statutes
Subchapter A. General Provisions
Section 5.002. Failing as a Conveyance
Section 5.003. Partial Conveyance
Section 5.004. Conveyance by Authorized Officer
Section 5.006. Attorney's Fees in Breach of Restrictive Covenant Action
Section 5.007. Vendor and Purchaser Risk Act
Section 5.008. Seller's Disclosure of Property Condition
Section 5.009. Duties of Life Tenant
Section 5.010. Notice of Additional Tax Liability
Section 5.011. Seller's Disclosure Regarding Potential Annexation
Section 5.012. Notice of Obligations Related to Membership in Property Owners' Association
Section 5.014. Notice of Obligations Related to Public Improvement District
Section 5.0141. Notice Required Before Contract Execution
Section 5.0142. Purchaser Signature Required
Section 5.0143. Recording of Notice at Closing
Section 5.0144. Reliance on Filed Service Plan
Section 5.0145. Suits for Damages
Section 5.015. Prohibited Fees
Section 5.016. Conveyance of Residential Property Encumbered by Lien
Section 5.018. Disclosure of Absence of Certain Warranties
Section 5.019. Notice of Water Level Fluctuations
Section 5.020. Easements Restricting Possession of Firearms or Alcoholic Beverages Prohibited