86R274 TSR-D
By: Hall S.B. No. 86
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of raising or keeping six or fewer
chickens by a political subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 251, Agriculture Code, is
amended to read as follows:
CHAPTER 251. EFFECT OF NUISANCE ACTIONS AND GOVERNMENTAL
REQUIREMENTS ON CERTAIN [PREEXISTING] AGRICULTURAL OPERATIONS
SECTION 2. Chapter 251, Agriculture Code, is amended by
adding Section 251.007 to read as follows:
Sec. 251.007. SIX CHICKENS ALLOWED. (a) Notwithstanding
any other law and except as provided by Subsection (b), a political
subdivision may not impose a governmental requirement that
prohibits an individual from raising or keeping six or fewer
chickens in the boundaries of the political subdivision.
(b) A municipality may impose reasonable governmental
requirements on the raising or keeping of poultry in the boundaries
of the municipality that do not have the effect of prohibiting the
raising or keeping of six or fewer chickens, including:
(1) a limit on the number of chickens an individual may
raise or keep in excess of six;
(2) a prohibition on breeding poultry;
(3) a prohibition on raising or keeping roosters; or
(4) the minimum distance an individual must maintain
between a chicken coop and a residential structure.
(c) A governmental requirement adopted by a political
subdivision that violates Subsection (a) is void.
SECTION 3. Section 251.007, Agriculture Code, as added by
this Act, applies to a governmental requirement adopted before, on,
or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2019.