Texas Renters' Rights

[RoyGBiv]

Sec. 94.257. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON LEASED PREMISES. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:
(1) in the tenant's manufactured home;
(2) in a vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; or
(3) in other locations controlled by the landlord as necessary to:
(A) enter or exit the tenant's manufactured home;
(B) enter or exit the leased premises; or
(C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or tenants' guests.

Just for completeness, probably worth pointing out that 94.257 covers LEASED premises only...
82.121 covers OWNED property (specifically Condos)... providing protection for Condo owners, tenants and guests.

Sec. 82.121. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON CONDOMINIUM PROPERTY. (a) Unless possession of a firearm or firearm ammunition on condominium property is prohibited by state or federal law, a condominium unit owner, or a tenant or guest of a condominium unit owner, or a guest of a tenant of a condominium unit owner may not be prohibited from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:
(1) in the condominium unit owner's unit;
(2) in a vehicle located in a parking area provided for the residents or guests of the condominium property; or
(3) in other common element locations as necessary to:
(A) enter or exit the condominium property;
(B) enter or exit the condominium unit owner's unit; or
(C) enter or exit a vehicle on the condominium property or located in a parking area provided for residents or guests of the condominium property.
(b) This section applies notwithstanding any provision of a dedicatory instrument to the contrary and regardless of the date of the provision's adoption.

ETA: HOA limits discussion here: https://opencarrytexas.wordpress.com/20 ... -ban-guns/

Limits on Condo common areas (not allowed) were confirmed by court case in 2014..
https://caselaw.findlaw.com/tx-court-of ... 78290.html
I assume (not a lawyer) this decision would apply to HOA common areas as well.

Appellant, the owner of a condominium unit, carried a handgun in the common area of the condominium complex. Did he violate the “unlawful carrying weapons” (UCW) statute,1 which generally prohibits the carrying of a handgun but does not prohibit carrying a handgun on “the person's own premises?” We hold that he did not violate the UCW statute, and we affirm the judgment of the court of appeals.
................. snip

We conclude that appellant's undivided ownership interest in the common area of the condominium complex made the common area appellant's “own premises” under the UCW statute. Because appellant was carrying a handgun on his own premises, he did not violate § 46.02.

We affirm the judgment of the court of appeals.

[Rafe]

Sec. 94.257. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON LEASED PREMISES. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:
(1) in the tenant's manufactured home;
(2) in a vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; or
(3) in other locations controlled by the landlord as necessary to:
(A) enter or exit the tenant's manufactured home;
(B) enter or exit the leased premises; or
(C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or tenants' guests.

Just for completeness, probably worth pointing out that 94.257 covers LEASED premises only...
82.121 covers OWNED property (specifically Condos)... providing protection for Condo owners, tenants and guests.

Sec. 82.121. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON CONDOMINIUM PROPERTY. (a) Unless possession of a firearm or firearm ammunition on condominium property is prohibited by state or federal law, a condominium unit owner, or a tenant or guest of a condominium unit owner, or a guest of a tenant of a condominium unit owner may not be prohibited from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:
(1) in the condominium unit owner's unit;
(2) in a vehicle located in a parking area provided for the residents or guests of the condominium property; or
(3) in other common element locations as necessary to:
(A) enter or exit the condominium property;
(B) enter or exit the condominium unit owner's unit; or
(C) enter or exit a vehicle on the condominium property or located in a parking area provided for residents or guests of the condominium property.
(b) This section applies notwithstanding any provision of a dedicatory instrument to the contrary and regardless of the date of the provision's adoption.

Thanks for the extra info. I'd never stopped to even consider anything about HOA rules, but knew they--as any private entity--could post signage at, for example, their community center where HOA meetings are held. Condos where unit owners arguably partially own the common areas never came to mind, either.

And for the sake of precision, we identified that the quoted Section 94.257 of the Property Code deals expressly with manufactured homes. The language is essentially identical, but it's Section 92.026 that addresses apartments and "rental units."