| 1 | 1 | | 88R25344 KBB-F |
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| 2 | 2 | | By: Cain, et al. H.B. No. 1191 |
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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 authority of a municipality or county to regulate |
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| 8 | 8 | | the raising or keeping of chickens. |
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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 250, Local Government Code, is amended |
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| 11 | 11 | | by adding Section 250.014 to read as follows: |
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| 12 | 12 | | Sec. 250.014. REGULATION OF CHICKENS. (a) Notwithstanding |
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| 13 | 13 | | any other law and except as provided by Subsection (b), a |
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| 14 | 14 | | municipality or county may not adopt or enforce an ordinance or |
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| 15 | 15 | | order that prohibits an individual from raising or keeping six or |
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| 16 | 16 | | fewer chickens. |
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| 17 | 17 | | (b) A municipality may impose reasonable regulations on the |
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| 18 | 18 | | raising or keeping of chickens that do not have the effect of |
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| 19 | 19 | | prohibiting the raising or keeping of six or fewer chickens, |
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| 20 | 20 | | including: |
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| 21 | 21 | | (1) a limit on the number of chickens that an |
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| 22 | 22 | | individual may raise or keep in excess of six; |
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| 23 | 23 | | (2) a prohibition on breeding chickens; |
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| 24 | 24 | | (3) a prohibition on raising or keeping roosters; |
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| 25 | 25 | | (4) a requirement that an individual only keep |
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| 26 | 26 | | chickens in the rear yard of a residence; |
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| 27 | 27 | | (5) a requirement that an individual provide fencing |
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| 28 | 28 | | or shelter sufficient to contain chickens on the individual's |
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| 29 | 29 | | property; or |
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| 30 | 30 | | (6) a regulation related to the accumulation of animal |
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| 31 | 31 | | waste that results in an offensive odor or attracts pests. |
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| 32 | 32 | | SECTION 2. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2023. |
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