| 1 | 1 | | 87R3174 DRS-F |
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| 2 | 2 | | By: Zaffirini S.B. No. 1062 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of food production on single-family |
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| 8 | 8 | | residential lots by a municipality or property owners' association. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 217, Local Government Code, is amended |
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| 11 | 11 | | by adding Subchapter Z to read as follows: |
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| 12 | 12 | | SUBCHAPTER Z. MISCELLANEOUS PROVISIONS |
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| 13 | 13 | | Sec. 217.901. FOOD PRODUCTION ALLOWED ON SINGLE-FAMILY |
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| 14 | 14 | | RESIDENTIAL LOT. (a) Notwithstanding any other law and except as |
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| 15 | 15 | | provided by Subsection (b), a municipality may not adopt or enforce |
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| 16 | 16 | | an ordinance that prohibits any of the following activities on a |
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| 17 | 17 | | single-family residential lot: |
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| 18 | 18 | | (1) the growing of fruits and vegetables; or |
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| 19 | 19 | | (2) the raising or keeping of: |
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| 20 | 20 | | (A) six or fewer domestic fowls; |
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| 21 | 21 | | (B) six or fewer rabbits; or |
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| 22 | 22 | | (C) three or fewer beehives. |
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| 23 | 23 | | (b) A municipality may impose reasonable regulations on the |
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| 24 | 24 | | raising or keeping of fowls, rabbits, or bees on a single-family |
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| 25 | 25 | | residential lot that do not have the effect of prohibiting the |
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| 26 | 26 | | raising or keeping of the fowls, rabbits, or bees, including: |
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| 27 | 27 | | (1) a limit on the number of animals or beehives that |
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| 28 | 28 | | is more than the minimum number allowed by this section; |
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| 29 | 29 | | (2) a prohibition on raising or keeping of a rooster; |
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| 30 | 30 | | or |
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| 31 | 31 | | (3) the minimum distance between an animal shelter or |
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| 32 | 32 | | beehive and a residential structure. |
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| 33 | 33 | | (c) An ordinance adopted by a municipality that violates |
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| 34 | 34 | | this section is void. |
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| 35 | 35 | | SECTION 2. Chapter 202, Property Code, is amended by adding |
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| 36 | 36 | | Section 202.022 to read as follows: |
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| 37 | 37 | | Sec. 202.022. FOOD PRODUCTION ALLOWED ON SINGLE-FAMILY |
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| 38 | 38 | | RESIDENTIAL LOT. (a) Notwithstanding any other law and except as |
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| 39 | 39 | | provided by Subsection (b), a property owners' association may not |
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| 40 | 40 | | adopt or enforce a restrictive covenant that prohibits any of the |
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| 41 | 41 | | following activities on a single-family residential lot: |
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| 42 | 42 | | (1) the growing of fruits and vegetables; |
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| 43 | 43 | | (2) the raising or keeping of: |
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| 44 | 44 | | (A) six or fewer domestic fowls; |
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| 45 | 45 | | (B) six or fewer rabbits; or |
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| 46 | 46 | | (C) three or fewer beehives; or |
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| 47 | 47 | | (3) a cottage food production operation, as defined by |
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| 48 | 48 | | Section 437.001(2-b), Health and Safety Code. |
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| 49 | 49 | | (b) A property owners' association may adopt and enforce a |
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| 50 | 50 | | restrictive covenant imposing reasonable requirements on the |
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| 51 | 51 | | raising or keeping of fowls, rabbits, or bees on a single-family |
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| 52 | 52 | | residential lot that do not have the effect of prohibiting the |
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| 53 | 53 | | raising or keeping of the fowls, rabbits, or bees, including: |
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| 54 | 54 | | (1) a limit on the number of animals or beehives that |
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| 55 | 55 | | is more than the minimum number allowed by this section; |
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| 56 | 56 | | (2) a prohibition on raising or keeping of a rooster; |
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| 57 | 57 | | or |
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| 58 | 58 | | (3) the minimum distance between an animal shelter or |
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| 59 | 59 | | beehive and a residential structure. |
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| 60 | 60 | | (c) A provision that violates this section is void. |
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| 61 | 61 | | SECTION 3. This Act takes effect September 1, 2021. |
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