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(11) mental retardation; <br />(12) autism; or <br />(13) emotional illness. <br />Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12. 01 (a) , ef. f . Aug. 26, <br />COMMUNITY HOMES PROHIBITED. (a) The use and operation of a <br />community home that meets the qualifications imposed under this <br />chapter is a use by right that is authorized in any district zoned <br />as residential. <br />(b) A restriction, reservation, exception, or other provision <br />in an instrument created or amended on or after September 1, 1985, <br />that relates to the transfer, sale, lease, or use of property may <br />not prohibit the use of the property as a community home. <br />Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01 (a), eff. Aug. 26, <br />Sec. 123.004. QUALIFICATION AS COMMUNITY HOME. To qualify as <br />a community home, an entity must comply with Sections 123.005 <br />through 123.008 and be: <br />(1) a community -based residential home operated by: <br />(A) the Texas Department of Mental Health and <br />Mental Retardation; <br />Page -2 - <br />