Texas 2023 - 88th Regular

Texas House Bill HB276 Compare Versions

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Version 2 (New)

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1	1	88R1740 DRS-F
2	2	By: Cortez, Oliverson, Cain, et al. H.B. No. 276
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation by a municipality or property owners'
8	8	association of food production on single-family residential lots.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 217, Local Government Code, is amended
11	11	by adding Subchapter Z to read as follows:
12	12	SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
13	13	Sec. 217.901. FOOD PRODUCTION ALLOWED ON SINGLE-FAMILY
14	14	RESIDENTIAL LOT. (a) Notwithstanding any other law and except as
15	15	provided by this section, a municipality may not adopt or enforce an
16	16	ordinance that prohibits any of the following activities on a
17	17	single-family residential lot:
18	18	(1) growing fruits and vegetables; or
19	19	(2) raising or keeping:
20	20	(A) six or fewer domestic fowl; or
21	21	(B) six or fewer adult rabbits.
22	22	(b) A municipality may impose reasonable regulations on the
23	23	growing of fruits and vegetables on a single-family residential lot
24	24	that do not have the effect of prohibiting the growing of the fruits
25	25	or vegetables in the front, side, or rear yard of a residence,
26	26	including:
27	27	(1) a requirement that the growing area be maintained
28	28	in good condition if visible from the street faced by the lot or
29	29	from an adjoining lot; and
30	30	(2) a requirement for the trimming or removal of a tree
31	31	as necessary for the maintenance of a utility easement.
32	32	(c) A municipality may impose reasonable regulations on the
33	33	raising or keeping of fowl or rabbits on a single-family
34	34	residential lot to control odor, noise, safety, or sanitary
35	35	conditions that do not have the effect of prohibiting the raising or
36	36	keeping of the fowl or rabbits, including:
37	37	(1) a limit on the number of fowl or rabbits that is
38	38	more than:
39	39	(A) the minimum number allowed by Subsection
40	40	(a)(2); or
41	41	(B) a total combined number of eight fowl and
42	42	rabbits, subject to the limits of Subsection (a)(2);
43	43	(2) a prohibition on raising or keeping a rooster;
44	44	(3) the minimum distance between an animal shelter and
45	45	a residential structure other than the animal owner's own
46	46	residence;
47	47	(4) a requirement for fencing or shelter sufficient to
48	48	contain the fowl or rabbits on the owner's property;
49	49	(5) minimum requirements for combined housing and
50	50	outdoor space of at least:
51	51	(A) 20 square feet per fowl; and
52	52	(B) nine square feet per rabbit;
53	53	(6) a requirement to address sanitary conditions in a
54	54	manner that prevents accumulation of animal waste in a quantity
55	55	sufficient to create an offensive odor or attract pests; or
56	56	(7) a requirement that the fowl or rabbits may only be
57	57	kept in the side or rear yard of a residence.
58	58	(d) This section does not apply to a condominium unit.
59	59	(e) An ordinance adopted by a municipality that violates
60	60	this section is void.
61	61	SECTION 2. Chapter 202, Property Code, is amended by adding
62	62	Section 202.024 to read as follows:
63	63	Sec. 202.024. FOOD PRODUCTION ALLOWED ON SINGLE-FAMILY
64	64	RESIDENTIAL LOT. (a) Notwithstanding any other law and except as
65	65	provided by this section, a property owners' association may not
66	66	adopt or enforce a restrictive covenant that prohibits any of the
67	67	following activities on a single-family residential lot:
68	68	(1) growing fruits and vegetables;
69	69	(2) raising or keeping:
70	70	(A) six or fewer domestic fowl; or
71	71	(B) six or fewer adult rabbits; or
72	72	(3) producing food at a cottage food production
73	73	operation, as defined by Section 437.001(2-b), Health and Safety
74	74	Code.
75	75	(b) A property owners' association may adopt and enforce a
76	76	restrictive covenant imposing reasonable requirements on the
77	77	growing of fruits and vegetables on a single-family residential lot
78	78	that do not have the effect of prohibiting the growing of the fruits
79	79	or vegetables in the front, side, or rear yard of a residence,
80	80	including:
81	81	(1) a requirement that the growing area be maintained
82	82	in good condition if visible from the street faced by the lot or
83	83	from an adjoining lot; and
84	84	(2) a requirement for the trimming or removal of a tree
85	85	as necessary for the maintenance of a utility easement.
86	86	(c) A property owners' association may adopt and enforce a
87	87	restrictive covenant imposing reasonable requirements on the
88	88	raising or keeping of fowl or rabbits on a single-family
89	89	residential lot to control odor, noise, safety, or sanitary
90	90	conditions that do not have the effect of prohibiting the raising or
91	91	keeping of the fowl or rabbits, including:
92	92	(1) a limit on the number of fowl or rabbits that is
93	93	more than:
94	94	(A) the minimum number allowed by Subsection
95	95	(a)(2); or
96	96	(B) a total combined number of eight fowl and
97	97	rabbits, subject to the limits of Subsection (a)(2);
98	98	(2) a prohibition on raising or keeping a rooster;
99	99	(3) the minimum distance between an animal shelter and
100	100	a residential structure other than the animal owner's own
101	101	residence;
102	102	(4) a requirement for fencing or shelter sufficient to
103	103	contain the fowl or rabbits on the owner's property;
104	104	(5) minimum requirements for combined housing and
105	105	outdoor space of at least:
106	106	(A) 20 square feet per fowl; and
107	107	(B) nine square feet per rabbit;
108	108	(6) a requirement to address sanitary conditions in a
109	109	manner that prevents accumulation of animal waste in a quantity
110	110	sufficient to create an offensive odor or attract pests; or
111	111	(7) a requirement that the fowl or rabbits may only be
112	112	kept in the side or rear yard of a residence.
113	113	(d) This section does not:
114	114	(1) restrict a property owners' association from:
115	115	(A) regulating the size and shielding of, or the
116	116	materials used in the construction of, an animal shelter that is
117	117	visible from a street, another lot, or a common area if the
118	118	restriction does not prohibit the economic installation of the
119	119	animal shelter on the property owner's property;
120	120	(B) regulating or prohibiting the installation
121	121	of signage by a cottage food operation; or
122	122	(C) regulating parking or vehicular or
123	123	pedestrian traffic associated with a cottage food operation; or
124	124	(2) require a property owners' association to permit
125	125	the growing of fruits or vegetables or the raising or keeping of
126	126	fowl or rabbits on property:
127	127	(A) owned by the property owners' association; or
128	128	(B) owned in common by the members of the
129	129	property owners' association.
130	130	(e) This section does not apply to a condominium council of
131	131	owners governed by Chapter 81 or unit owners' association governed
132	132	by Chapter 82.
133	133	(f) A provision that violates this section is void.
134	134	SECTION 3. This Act takes effect September 1, 2023.