Property Code § 5.020

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.