Texas House Bill HB1191

Texas 2023 - 88th Regular

• Filed: 1/5/23
• Out of House Committee: 5/8/23
• Voted on by House: 5/12/23

Caption

Relating to the authority of a municipality or county to regulate the raising or keeping of chickens.

Impact

The impact of HB 1191 on state laws could be significant, as it modifies the Local Government Code to clearly delineate the powers of local authorities concerning poultry regulation. This bill could potentially increase the prevalence of urban farming in Texas, encouraging residents to maintain small flocks for personal use. This could influence local wildlife management and zoning practices, as increased chicken ownership may lead to changes in how municipalities handle issues related to animal control and waste management.

Summary

House Bill 1191 addresses the regulation of chickens by municipalities and counties in Texas. Specifically, the bill prohibits local governments from passing ordinances that would ban individuals from raising or keeping six or fewer chickens. This legislation aims to encourage personal poultry ownership and backyard farming, reflecting a growing trend towards self-sustainability and urban agriculture. While municipalities retain the power to impose reasonable regulations, they cannot create restrictions that effectively limit the raising of six or fewer chickens.

Sentiment

General sentiment surrounding HB 1191 appears to lean towards support for individual rights and local autonomy for residents who wish to raise chickens. Proponents argue that the bill fosters a connection to local food sources and aligns with modern sustainability practices. However, concerns exist regarding potential nuisance issues, such as odors and pests, which could arise from increased chicken keeping in urban settings. Some local governments express apprehension over being unable to enact rules that could mitigate such issues.

Contention

Notable points of contention involve the fear that rampant chicken keeping could lead to public health concerns and challenges in maintaining local property standards. Although the bill allows for reasonable regulations, determining what constitutes 'reasonable' can lead to disputes between municipal authorities and residents. The balance between encouraging urban agriculture while protecting community standards and public health is at the heart of the debate surrounding HB 1191.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 250. Miscellaneous Regulatory Authority
  • Section: New Section
  • Section: New Section

Agriculture Code

• Chapter 251. Effect Of Nuisance Actions And Governmental Requirements On Certain Agricultural Operations
  • Section: New Section

Property Code

• Chapter 202. Construction And Enforcement Of Restrictive Covenants
  • Section: New Section