Texas City, TX HOA Rules: CC&R Enforcement (2026)

Section 161.007 of the Fence Ordinance addresses how private restrictions relate to the city's fence rules. It covers deed restrictions, regulations by homeowner associations or property owner associations, and other site-specific regulations imposed by agreements which attach to the property and may be enforceable by private action. The section says such restrictions can be more restrictive than Chapter 161, but they are not effective to reduce the requirements or limitations of the chapter.

The practical result is a floor set by the City Commission and a ceiling that private covenants can lower. An association rule that permits a fence the city bans does not make the fence lawful in Texas City. The eight foot maximum for rear and side yards in Section 161.005(A) and (B), the 30 inch limit for opaque front yard fences in Section 161.005(C), the material bans in Section 161.005(E) and the permit requirement in Section 161.003 all stay in force. An association rule that is tighter than the city limit is not displaced by the chapter, and the owner has to meet both.

The section describes these restrictions as enforceable by private action. It does not itself create city enforcement of private deed restrictions or covenants, and it does not name the Building Official or any other city officer as an enforcer of association rules. The city side of enforcement runs through Section 161.999, which makes a violation of the chapter a misdemeanor, and through Section 161.009, which allows a nuisance finding and removal notice.

Section 161.011 is a separate conflict rule. It applies where the fence chapter conflicts with another section of the city code: the most stringent or restrictive provision governs, except that specific requirements in Chapter 159 (subdivisions) or Chapter 160 (zoning) prevail. That rule is about city ordinances, not deed restrictions.