| 1 | 1 | | 88R3627 KBB-D |
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| 2 | 2 | | By: Hall S.B. No. 326 |
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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 a property owners' |
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| 8 | 8 | | association to regulate 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 217, Local Government Code, is amended |
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| 11 | 11 | | by adding Subchapter D to read as follows: |
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| 12 | 12 | | SUBCHAPTER D. MISCELLANEOUS REGULATORY AUTHORITY |
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| 13 | 13 | | Sec. 217.061. SIX CHICKENS 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 the raising or keeping of six or fewer |
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| 17 | 17 | | chickens on a single-family residential lot. |
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| 18 | 18 | | (b) A municipality may impose reasonable regulations on the |
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| 19 | 19 | | raising or keeping of poultry on a single-family residential lot |
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| 20 | 20 | | that do not have the effect of prohibiting the raising or keeping of |
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| 21 | 21 | | six or fewer chickens, including: |
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| 22 | 22 | | (1) a limit on the number of chickens that may be |
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| 23 | 23 | | raised or kept in excess of six; |
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| 24 | 24 | | (2) a prohibition on breeding poultry; |
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| 25 | 25 | | (3) a prohibition on raising or keeping roosters; or |
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| 26 | 26 | | (4) the minimum distance between a chicken coop and a |
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| 27 | 27 | | residential structure. |
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| 28 | 28 | | (c) An ordinance adopted by a municipality that violates |
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| 29 | 29 | | Subsection (a) is void. |
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| 30 | 30 | | SECTION 2. Chapter 202, Property Code, is amended by adding |
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| 31 | 31 | | Section 202.024 to read as follows: |
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| 32 | 32 | | Sec. 202.024. SIX CHICKENS ALLOWED ON SINGLE-FAMILY |
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| 33 | 33 | | RESIDENTIAL LOT. (a) Notwithstanding Section 202.002(a), this |
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| 34 | 34 | | section applies only to a restrictive covenant created on or after |
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| 35 | 35 | | September 1, 2023. |
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| 36 | 36 | | (b) Notwithstanding any other law and except as provided by |
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| 37 | 37 | | Subsection (c), a property owners' association may not adopt or |
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| 38 | 38 | | enforce a restrictive covenant that prohibits the raising or |
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| 39 | 39 | | keeping of six or fewer chickens on a single-family residential |
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| 40 | 40 | | lot. |
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| 41 | 41 | | (c) A property owners' association may adopt and enforce a |
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| 42 | 42 | | restrictive covenant imposing reasonable requirements on the |
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| 43 | 43 | | raising or keeping of poultry on a single-family residential lot |
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| 44 | 44 | | that do not have the effect of prohibiting the raising or keeping of |
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| 45 | 45 | | six or fewer chickens, including: |
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| 46 | 46 | | (1) a limit on the number of chickens that may be |
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| 47 | 47 | | raised or kept in excess of six; |
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| 48 | 48 | | (2) a prohibition on breeding poultry; |
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| 49 | 49 | | (3) a prohibition on raising or keeping roosters; or |
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| 50 | 50 | | (4) the minimum distance between a chicken coop and |
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| 51 | 51 | | another lot. |
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| 52 | 52 | | (d) A provision that violates Subsection (b) is void. |
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| 53 | 53 | | SECTION 3. This Act takes effect immediately if it receives |
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| 54 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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| 55 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 56 | 56 | | Act does not receive the vote necessary for immediate effect, this |
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| 57 | 57 | | Act takes effect September 1, 2023. |
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