By: Cortez, Wilson, Toth, Rodriguez, et al. 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) or (c), 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; or
(B) six or fewer adult rabbits.
(b) A municipality may impose reasonable regulations on the
growing of fruits and vegetables on a single-family residential lot
that do not have the effect of prohibiting the growing of the fruits
or vegetables in the front, side, or rear yard of a residence,
including:
(1) a requirement that the growing area be maintained
in good condition if visible from the street faced by the lot or
from an adjoining lot; and
(2) a requirement for the trimming or removal of a tree
as necessary for the maintenance of a utility easement.
(c) A municipality may impose reasonable regulations on the
raising or keeping of fowls or rabbits on a single-family
residential lot to control odor, noise, safety, or sanitary
conditions that do not have the effect of prohibiting the raising or
keeping of the fowls or rabbits, including:
(1) a limit on the number of fowls or rabbits that is
more than:
(A) the minimum number allowed by Subsection
(a)(2); or
(B) a total combined number of eight fowls and
rabbits, subject to the limits of Subsection (a)(2);
(2) a prohibition on raising or keeping of a rooster;
(3) the minimum distance between an animal shelter and
a residential structure other than the animal owner's own
residence;
(4) a requirement for fencing or shelter sufficient to
contain the fowls or rabbits on the owner's property;
(5) minimum requirements for combined housing and
outdoor space of at least:
(A) 20 square feet per fowl; and
(B) nine square feet per rabbit;
(6) a requirement to address sanitary conditions in a
manner that prevents accumulation of animal waste in a quantity
sufficient to create an offensive odor or the attraction of pests;
or
(7) a requirement that the fowls or rabbits may only be
kept in the side or rear yard of a residence.
(d) This section does not apply to a condominium unit.
(e) 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 this section, 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; or
(B) six or fewer adult rabbits; 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
growing of fruits and vegetables on a single-family residential lot
that do not have the effect of prohibiting the growing of the fruits
or vegetables in the front, side, or rear yard of a residence,
including:
(1) a requirement that the growing area be maintained
in good condition if visible from the street faced by the lot or
from an adjoining lot; and
(2) a requirement for the trimming or removal of a tree
as necessary for the maintenance of a utility easement.
(c) A property owners' association may adopt and enforce a
restrictive covenant imposing reasonable requirements on the
raising or keeping of fowls or rabbits on a single-family
residential lot to control odor, noise, safety, or sanitary
conditions that do not have the effect of prohibiting the raising or
keeping of the fowls or rabbits, including:
(1) a limit on the number of fowls or rabbits that is
more than:
(A) the minimum number allowed by Subsection
(a)(2); or
(B) a total combined number of eight fowls and
rabbits, subject to the limits of Subsection (a)(2);
(2) a prohibition on raising or keeping of a rooster;
(3) the minimum distance between an animal shelter and
a residential structure other than the animal owner's own
residence;
(4) a requirement for fencing or shelter sufficient to
contain the fowls or rabbits on the owner's property;
(5) minimum requirements for combined housing and
outdoor space of at least:
(A) 20 square feet per fowl; and
(B) nine square feet per rabbit;
(6) a requirement to address sanitary conditions in a
manner that prevents accumulation of animal waste in a quantity
sufficient to create an offensive odor or the attraction of pests;
or
(7) a requirement that the fowls or rabbits may only be
kept in the side or rear yard of a residence.
(d) This section does not:
(1) restrict a property owners' association from:
(A) regulating the size and shielding of, or the
materials used in the construction of, an animal shelter that is
visible from a street, another lot, or a common area if the
restriction does not prohibit the economic installation of the
animal shelter on the property owner's property;
(B) regulating or prohibiting the installation
of signage by a cottage food operation; or
(C) regulating parking or vehicular or
pedestrian traffic associated with a cottage food operation; or
(2) require a property owners' association to permit
the growing of fruits or vegetables or the raising or keeping of
fowls or rabbits on property:
(A) owned by the property owners' association; or
(B) owned in common by the members of the
property owners' association.
(e) This section does not apply to a condominium council of
owners governed by Chapter 81 or unit owners' association governed
by Chapter 82.
(f) A provision that violates this section is void.
SECTION 3. This Act takes effect September 1, 2021.