Texas 2021 - 87th Regular

Texas House Bill HB1686 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Cortez, Wilson, Toth, Rodriguez, et al. H.B. No. 1686
	1	+	87R19804 DRS-F
	2	+	By: Cortez, Wilson, Toth, et al. H.B. No. 1686
	3	+	Substitute the following for H.B. No. 1686:
	4	+	By: Cyrier C.S.H.B. No. 1686
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to the regulation of food production on single-family
7	10		residential lots by a municipality or property owners' association.
8	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	12		SECTION 1. Chapter 217, Local Government Code, is amended
10	13		by adding Subchapter Z to read as follows:
11	14		SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
12	15		Sec. 217.901. FOOD PRODUCTION ALLOWED ON SINGLE-FAMILY
13	16		RESIDENTIAL LOT. (a) Notwithstanding any other law and except as
14	17		provided by Subsection (b) or (c), a municipality may not adopt or
15	18		enforce an ordinance that prohibits any of the following activities
16	19		on a single-family residential lot:
17	20		(1) the growing of fruits and vegetables; or
18	21		(2) the raising or keeping of:
19	22		(A) six or fewer domestic fowls; or
20	23		(B) six or fewer adult rabbits.
21	24		(b) A municipality may impose reasonable regulations on the
22	25		growing of fruits and vegetables on a single-family residential lot
23	26		that do not have the effect of prohibiting the growing of the fruits
24	27		or vegetables in the front, side, or rear yard of a residence,
25		-	including:
26		-	(1) a requirement that the growing area be maintained
27		-	in good condition if visible from the street faced by the lot or
28		-	from an adjoining lot; and
29		-	(2) a requirement for the trimming or removal of a tree
30		-	as necessary for the maintenance of a utility easement.
	28	+	including a requirement that the growing area be maintained in good
	29	+	condition if visible from the street faced by the lot or from an
	30	+	adjoining lot.
31	31		(c) A municipality may impose reasonable regulations on the
32	32		raising or keeping of fowls or rabbits on a single-family
33	33		residential lot to control odor, noise, safety, or sanitary
34	34		conditions that do not have the effect of prohibiting the raising or
35	35		keeping of the fowls or rabbits, including:
36	36		(1) a limit on the number of fowls or rabbits that is
37	37		more than:
38	38		(A) the minimum number allowed by Subsection
39	39		(a)(2); or
40	40		(B) a total combined number of eight fowls and
41	41		rabbits, subject to the limits of Subsection (a)(2);
42	42		(2) a prohibition on raising or keeping of a rooster;
43	43		(3) the minimum distance between an animal shelter and
44	44		a residential structure other than the animal owner's own
45	45		residence;
46	46		(4) a requirement for fencing or shelter sufficient to
47	47		contain the fowls or rabbits on the owner's property;
48	48		(5) minimum requirements for combined housing and
49	49		outdoor space of at least:
50	50		(A) 20 square feet per fowl; and
51		-	(B) nine square feet per rabbit;
	51	+	(B) nine square feet per rabbit; or
52	52		(6) a requirement to address sanitary conditions in a
53	53		manner that prevents accumulation of animal waste in a quantity
54		-	sufficient to create an offensive odor or the attraction of pests;
55		-	or
56		-	(7) a requirement that the fowls or rabbits may only be
57		-	kept in the side or rear yard of a residence.
	54	+	sufficient to create an offensive odor or the attraction of pests.
58	55		(d) This section does not apply to a condominium unit.
59	56		(e) An ordinance adopted by a municipality that violates
60	57		this section is void.
61	58		SECTION 2. Chapter 202, Property Code, is amended by adding
62	59		Section 202.022 to read as follows:
63	60		Sec. 202.022. FOOD PRODUCTION ALLOWED ON SINGLE-FAMILY
64	61		RESIDENTIAL LOT. (a) Notwithstanding any other law and except as
65	62		provided by this section, a property owners' association may not
66	63		adopt or enforce a restrictive covenant that prohibits any of the
67	64		following activities on a single-family residential lot:
68	65		(1) the growing of fruits and vegetables;
69	66		(2) the raising or keeping of:
70	67		(A) six or fewer domestic fowls; or
71	68		(B) six or fewer adult rabbits; or
72	69		(3) a cottage food production operation, as defined by
73	70		Section 437.001(2-b), Health and Safety Code.
74	71		(b) A property owners' association may adopt and enforce a
75	72		restrictive covenant imposing reasonable requirements on the
76	73		growing of fruits and vegetables on a single-family residential lot
77	74		that do not have the effect of prohibiting the growing of the fruits
78	75		or vegetables in the front, side, or rear yard of a residence,
79		-	including:
80		-	(1) a requirement that the growing area be maintained
81		-	in good condition if visible from the street faced by the lot or
82		-	from an adjoining lot; and
83		-	(2) a requirement for the trimming or removal of a tree
84		-	as necessary for the maintenance of a utility easement.
	76	+	including a requirement that the growing area be maintained in good
	77	+	condition if visible from the street faced by the lot or from an
	78	+	adjoining lot.
85	79		(c) A property owners' association may adopt and enforce a
86	80		restrictive covenant imposing reasonable requirements on the
87	81		raising or keeping of fowls or rabbits on a single-family
88	82		residential lot to control odor, noise, safety, or sanitary
89	83		conditions that do not have the effect of prohibiting the raising or
90	84		keeping of the fowls or rabbits, including:
91	85		(1) a limit on the number of fowls or rabbits that is
92	86		more than:
93	87		(A) the minimum number allowed by Subsection
94	88		(a)(2); or
95	89		(B) a total combined number of eight fowls and
96	90		rabbits, subject to the limits of Subsection (a)(2);
97	91		(2) a prohibition on raising or keeping of a rooster;
98	92		(3) the minimum distance between an animal shelter and
99	93		a residential structure other than the animal owner's own
100	94		residence;
101	95		(4) a requirement for fencing or shelter sufficient to
102	96		contain the fowls or rabbits on the owner's property;
103	97		(5) minimum requirements for combined housing and
104	98		outdoor space of at least:
105	99		(A) 20 square feet per fowl; and
106		-	(B) nine square feet per rabbit;
	100	+	(B) nine square feet per rabbit; or
107	101		(6) a requirement to address sanitary conditions in a
108	102		manner that prevents accumulation of animal waste in a quantity
109		-	sufficient to create an offensive odor or the attraction of pests;
110		-	or
111		-	(7) a requirement that the fowls or rabbits may only be
112		-	kept in the side or rear yard of a residence.
	103	+	sufficient to create an offensive odor or the attraction of pests.
113	104		(d) This section does not:
114	105		(1) restrict a property owners' association from:
115	106		(A) regulating the size and shielding of, or the
116	107		materials used in the construction of, an animal shelter that is
117	108		visible from a street, another lot, or a common area if the
118	109		restriction does not prohibit the economic installation of the
119	110		animal shelter on the property owner's property;
120	111		(B) regulating or prohibiting the installation
121	112		of signage by a cottage food operation; or
122	113		(C) regulating parking or vehicular or
123	114		pedestrian traffic associated with a cottage food operation; or
124	115		(2) require a property owners' association to permit
125	116		the growing of fruits or vegetables or the raising or keeping of
126	117		fowls or rabbits on property:
127	118		(A) owned by the property owners' association; or
128	119		(B) owned in common by the members of the
129	120		property owners' association.
130	121		(e) This section does not apply to a condominium council of
131	122		owners governed by Chapter 81 or unit owners' association governed
132	123		by Chapter 82.
133	124		(f) A provision that violates this section is void.
134	125		SECTION 3. This Act takes effect September 1, 2021.