87R3174 DRS-F
By: Cortez H.B. No. 1686
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of food production on single-family
residential lots by a municipality or property owners' association.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 217, Local Government Code, is amended
by adding Subchapter Z to read as follows:
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
Sec. 217.901. FOOD PRODUCTION 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 any of the following activities on a
single-family residential lot:
(1) the growing of fruits and vegetables; or
(2) the raising or keeping of:
(A) six or fewer domestic fowls;
(B) six or fewer rabbits; or
(C) three or fewer beehives.
(b) A municipality may impose reasonable regulations on the
raising or keeping of fowls, rabbits, or bees on a single-family
residential lot that do not have the effect of prohibiting the
raising or keeping of the fowls, rabbits, or bees, including:
(1) a limit on the number of animals or beehives that
is more than the minimum number allowed by this section;
(2) a prohibition on raising or keeping of a rooster;
or
(3) the minimum distance between an animal shelter or
beehive and a residential structure.
(c) An ordinance adopted by a municipality that violates
this section is void.
SECTION 2. Chapter 202, Property Code, is amended by adding
Section 202.022 to read as follows:
Sec. 202.022. FOOD PRODUCTION ALLOWED ON SINGLE-FAMILY
RESIDENTIAL LOT. (a) Notwithstanding any other law and except as
provided by Subsection (b), a property owners' association may not
adopt or enforce a restrictive covenant that prohibits any of the
following activities on a single-family residential lot:
(1) the growing of fruits and vegetables;
(2) the raising or keeping of:
(A) six or fewer domestic fowls;
(B) six or fewer rabbits; or
(C) three or fewer beehives; or
(3) a cottage food production operation, as defined by
Section 437.001(2-b), Health and Safety Code.
(b) A property owners' association may adopt and enforce a
restrictive covenant imposing reasonable requirements on the
raising or keeping of fowls, rabbits, or bees on a single-family
residential lot that do not have the effect of prohibiting the
raising or keeping of the fowls, rabbits, or bees, including:
(1) a limit on the number of animals or beehives that
is more than the minimum number allowed by this section;
(2) a prohibition on raising or keeping of a rooster;
or
(3) the minimum distance between an animal shelter or
beehive and a residential structure.
(c) A provision that violates this section is void.
SECTION 3. This Act takes effect September 1, 2021.