TX
Texas Senate Bill SB86

Texas 2019 - 86th Regular

Texas Senate Bill SB86 Compare Versions

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1-86R29978 NC-D
2- By: Hall, et al. S.B. No. 86
3- (White)
4- Substitute the following for S.B. No. 86: No.
1+By: Hall, Creighton S.B. No. 86
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
9- relating to the regulation of raising or keeping chickens on
10- single-family residential lots by a municipality.
6+ relating to the regulation of raising or keeping chickens by a
7+ municipality or a property owners' association.
118 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
129 SECTION 1. Chapter 217, Local Government Code, is amended
1310 by adding Subchapter D to read as follows:
1411 SUBCHAPTER D. MISCELLANEOUS REGULATORY AUTHORITY
1512 Sec. 217.051. SIX CHICKENS ALLOWED ON SINGLE-FAMILY
1613 RESIDENTIAL LOT. (a) Notwithstanding any other law and except as
1714 provided by Subsection (b), a municipality may not adopt or enforce
1815 an ordinance that prohibits the raising or keeping of six or fewer
1916 chickens on a single-family residential lot.
2017 (b) A municipality may impose reasonable regulations on the
2118 raising or keeping of poultry on a single-family residential lot
2219 that do not have the effect of prohibiting the raising or keeping of
2320 six or fewer chickens, including:
2421 (1) a limit on the number of chickens that may be
2522 raised or kept in excess of six;
2623 (2) a prohibition on breeding poultry;
2724 (3) a prohibition on raising or keeping roosters; or
2825 (4) the minimum distance between a chicken coop and a
2926 residential structure.
3027 (c) An ordinance adopted by a municipality that violates
3128 Subsection (a) is void.
32- SECTION 2. Subchapter D, Chapter 217, Local Government
29+ SECTION 2. Chapter 202, Property Code, is amended by adding
30+ Section 202.020 to read as follows:
31+ Sec. 202.020. SIX CHICKENS ALLOWED ON SINGLE-FAMILY
32+ RESIDENTIAL LOT. (a) Notwithstanding Section 202.002(a), this
33+ section applies only to a restrictive covenant created on or after
34+ September 1, 2019.
35+ (b) Notwithstanding any other law and except as provided by
36+ Subsection (c), a property owners' association may not adopt or
37+ enforce a restrictive covenant that prohibits the raising or
38+ keeping of six or fewer chickens on a single-family residential
39+ lot.
40+ (c) A property owners' association may adopt and enforce a
41+ restrictive covenant imposing reasonable requirements on the
42+ raising or keeping of poultry on a single-family residential lot
43+ that do not have the effect of prohibiting the raising or keeping of
44+ six or fewer chickens, including:
45+ (1) a limit on the number of chickens that may be
46+ raised or kept in excess of six;
47+ (2) a prohibition on breeding poultry;
48+ (3) a prohibition on raising or keeping roosters; or
49+ (4) the minimum distance between a chicken coop and
50+ another lot.
51+ (d) A provision that violates Subsection (b) is void.
52+ SECTION 3. Subchapter D, Chapter 217, Local Government
3353 Code, as added by this Act, applies to an ordinance adopted before,
3454 on, or after the effective date of this Act.
35- SECTION 3. This Act takes effect September 1, 2019.
55+ SECTION 4. This Act takes effect September 1, 2019.