86R29978 NC-D
By: Hall, et al. S.B. No. 86
(White)
Substitute the following for S.B. No. 86: No.
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of raising or keeping chickens on
single-family residential lots by a municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 217, Local Government Code, is amended
by adding Subchapter D to read as follows:
SUBCHAPTER D. MISCELLANEOUS REGULATORY AUTHORITY
Sec. 217.051. SIX CHICKENS ALLOWED ON SINGLE-FAMILY
RESIDENTIAL LOT. (a) Notwithstanding any other law and except as
provided by Subsection (b), a municipality may not adopt or enforce
an ordinance that prohibits the raising or keeping of six or fewer
chickens on a single-family residential lot.
(b) A municipality may impose reasonable regulations on the
raising or keeping of poultry on a single-family residential lot
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 that may be
raised or kept in excess of six;
(2) a prohibition on breeding poultry;
(3) a prohibition on raising or keeping roosters; or
(4) the minimum distance between a chicken coop and a
residential structure.
(c) An ordinance adopted by a municipality that violates
Subsection (a) is void.
SECTION 2. Subchapter D, Chapter 217, Local Government
Code, as added by this Act, applies to an ordinance adopted before,
on, or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2019.