| 1 | 1 | | 85S11054 TSR-D |
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| 2 | 2 | | By: Taylor of Collin S.B. No. 98 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of raising or keeping six or fewer |
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| 8 | 8 | | chickens by a political subdivision. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Chapter 251, Agriculture Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | CHAPTER 251. EFFECT OF NUISANCE ACTIONS AND GOVERNMENTAL |
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| 13 | 13 | | REQUIREMENTS ON CERTAIN [PREEXISTING] AGRICULTURAL OPERATIONS |
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| 14 | 14 | | SECTION 2. Chapter 251, Agriculture Code, is amended by |
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| 15 | 15 | | adding Section 251.007 to read as follows: |
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| 16 | 16 | | Sec. 251.007. SIX CHICKENS ALLOWED. (a) Notwithstanding |
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| 17 | 17 | | any other law and except as provided by Subsection (b), a political |
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| 18 | 18 | | subdivision may not impose a governmental requirement that |
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| 19 | 19 | | prohibits an individual from raising or keeping six or fewer |
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| 20 | 20 | | chickens in the boundaries of the political subdivision. |
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| 21 | 21 | | (b) A municipality may impose reasonable governmental |
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| 22 | 22 | | requirements on the raising or keeping of poultry in the boundaries |
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| 23 | 23 | | of the municipality that do not have the effect of prohibiting the |
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| 24 | 24 | | raising or keeping of six or fewer chickens, including: |
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| 25 | 25 | | (1) a limit on the number of chickens an individual may |
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| 26 | 26 | | raise or keep in excess of six; |
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| 27 | 27 | | (2) a prohibition on breeding poultry; |
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| 28 | 28 | | (3) a prohibition on raising or keeping roosters; or |
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| 29 | 29 | | (4) the minimum distance an individual must maintain |
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| 30 | 30 | | between a chicken coop and a residential structure. |
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| 31 | 31 | | (c) A governmental requirement adopted by a political |
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| 32 | 32 | | subdivision that violates Subsection (a) is void. |
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| 33 | 33 | | SECTION 3. Section 251.007, Agriculture Code, as added by |
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| 34 | 34 | | this Act, applies to a governmental requirement adopted before, on, |
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| 35 | 35 | | or after the effective date of this Act. |
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| 36 | 36 | | SECTION 4. This Act takes effect December 1, 2017. |
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