Texas House Bill HB276

Texas 2023 - 88th Regular

• Filed: 11/14/22
• Out of House Committee: 4/21/23
• Voted on by House: 4/28/23

Caption

Relating to the regulation by a municipality or property owners' association of food production on single-family residential lots.

Impact

The bill modifies existing regulations by allowing residents to cultivate produce and keep a limited number of domesticated animals without facing outright bans. Municipalities may still impose reasonable requirements, particularly concerning the space and sanitary conditions surrounding these activities. By limiting regulation at the local level, the bill is positioned to enhance individual property rights and encourage urban agriculture, aligning with broader trends in sustainability and food independence.

Summary

House Bill 276, introduced by Representative Cortez, focuses on food production regulations within single-family residential lots. The bill seeks to prevent municipalities and property owners' associations from enacting ordinances that prohibit the growing of fruits, vegetables, or the raising of certain domestic animals such as fowl and rabbits. This legislative effort reflects a growing interest among Texans in self-sufficiency and gardening, promoting the idea that residents should have control over their own food sources for health and enjoyment.

Sentiment

The sentiment surrounding HB 276 appears largely positive among supporters who advocate for more freedom in food production. Proponents argue that enabling residents to grow their own food can have significant health benefits and foster community engagement. However, there are concerns about potential implications for community standards and neighborhood aesthetics, as some residents might feel that increased food production could lead to issues like noise and odor from keeping animals. The legislative discussions reflect a balance between personal freedoms and community interests.

Contention

Opposition to HB 276 is primarily focused on the fear that the bill might undermine local governance by stripping municipalities of their regulatory powers. Critics argue that without local oversight, residents may engage in practices that could negatively affect their neighbors. Moreover, while the bill allows for some regulation, the vagueness of what constitutes 'reasonable' regulations raises questions about enforcement and the potential for disputes between residents and homeowners associations.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 217. Municipal Regulation Of Nuisances And Disorderly Conduct
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Property Code

• Chapter 202. Construction And Enforcement Of Restrictive Covenants
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