Texas 2025 - 89th Regular

Texas House Bill HB294 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R20752~~ DRS-D
	1	+	89R3814 DRS-F
2	2		By: Cortez H.B. No. 294
3		-	~~Substitute the following for H.B. No. 294:~~
4		-	~~By: Kitzman C.S.H.B. No. 294~~
	3	+
	4	+
5	5
6	6
7	7		A BILL TO BE ENTITLED
8	8		AN ACT
9		-	relating to the regulation by a property owners' ~~association of~~
10		-	food production on single-family residential lots.
	9	+	relating to the regulation by a municipality or property owners'
	10	+	association of food production on single-family residential lots.
11	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. Chapter 202, Property Code, is amended by adding
	12	+	SECTION 1. Chapter 217, Local Government Code, is amended
	13	+	by adding Subchapter Z to read as follows:
	14	+	SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
	15	+	Sec. 217.901. FOOD PRODUCTION ALLOWED ON SINGLE-FAMILY
	16	+	RESIDENTIAL LOT. (a) Notwithstanding any other law and except as
	17	+	provided by this section, a municipality may not adopt or enforce an
	18	+	ordinance that prohibits any of the following activities on a
	19	+	single-family residential lot:
	20	+	(1) growing fruits and vegetables; or
	21	+	(2) raising or keeping:
	22	+	(A) six or fewer domestic fowl; or
	23	+	(B) six or fewer adult rabbits.
	24	+	(b) A municipality may impose reasonable regulations on the
	25	+	growing of fruits and vegetables on a single-family residential lot
	26	+	that do not have the effect of prohibiting the growing of the fruits
	27	+	or vegetables in the front, side, or rear yard of a residence,
	28	+	including:
	29	+	(1) a requirement that the growing area be maintained
	30	+	in good condition if visible from the street faced by the lot or
	31	+	from an adjoining lot; and
	32	+	(2) a requirement for the trimming or removal of a tree
	33	+	as necessary for the maintenance of a utility easement.
	34	+	(c) A municipality may impose reasonable regulations on the
	35	+	raising or keeping of fowl or rabbits on a single-family
	36	+	residential lot to control odor, noise, safety, or sanitary
	37	+	conditions that do not have the effect of prohibiting the raising or
	38	+	keeping of the fowl or rabbits, including:
	39	+	(1) a limit on the number of fowl or rabbits that is
	40	+	more than:
	41	+	(A) the minimum number allowed by Subsection
	42	+	(a)(2); or
	43	+	(B) a total combined number of eight fowl and
	44	+	rabbits, subject to the limits of Subsection (a)(2);
	45	+	(2) a prohibition on raising or keeping a rooster;
	46	+	(3) the minimum distance between an animal shelter and
	47	+	a residential structure other than the animal owner's own
	48	+	residence;
	49	+	(4) a requirement for fencing or shelter sufficient to
	50	+	contain the fowl or rabbits on the owner's property;
	51	+	(5) minimum requirements for combined housing and
	52	+	outdoor space of at least:
	53	+	(A) 20 square feet per fowl; and
	54	+	(B) nine square feet per rabbit;
	55	+	(6) a requirement to address sanitary conditions in a
	56	+	manner that prevents accumulation of animal waste in a quantity
	57	+	sufficient to create an offensive odor or attract pests; or
	58	+	(7) a requirement that the fowl or rabbits may only be
	59	+	kept in the side or rear yard of a residence.
	60	+	(d) This section does not apply to a condominium unit.
	61	+	(e) An ordinance adopted by a municipality that violates
	62	+	this section is void.
	63	+	SECTION 2. Chapter 202, Property Code, is amended by adding
13	64		Section 202.025 to read as follows:
14	65		Sec. 202.025. FOOD PRODUCTION ALLOWED ON SINGLE-FAMILY
15	66		RESIDENTIAL LOT. (a) Notwithstanding any other law and except as
16	67		provided by this section, a property owners' association may not
17	68		adopt or enforce a restrictive covenant that prohibits any of the
18	69		following activities on a single-family residential lot:
19	70		(1) growing fruits and vegetables;
20	71		(2) raising or keeping:
21	72		(A) six or fewer domestic fowl; or
22	73		(B) six or fewer adult rabbits; or
23	74		(3) producing food at a cottage food production
24	75		operation as defined by Section 437.001, Health and Safety Code.
25	76		(b) A property owners' association may adopt and enforce a
26	77		restrictive covenant imposing reasonable requirements on the
27	78		growing of fruits and vegetables on a single-family residential lot
28	79		that do not have the effect of prohibiting the growing of the fruits
29	80		or vegetables in the front, side, or rear yard of a residence,
30	81		including:
31	82		(1) a requirement that the growing area be maintained
32	83		in good condition if visible from the street faced by the lot or
33	84		from an adjoining lot; and
34	85		(2) a requirement for the trimming or removal of a tree
35	86		as necessary for the maintenance of a utility easement.
36	87		(c) A property owners' association may adopt and enforce a
37	88		restrictive covenant imposing reasonable requirements on the
38	89		raising or keeping of fowl or rabbits on a single-family
39	90		residential lot to control odor, noise, safety, or sanitary
40	91		conditions that do not have the effect of prohibiting the raising or
41	92		keeping of the fowl or rabbits, including:
42	93		(1) a limit on the number of fowl or rabbits that is
43	94		more than:
44	95		(A) the minimum number allowed by Subsection
45	96		(a)(2); or
46	97		(B) a total combined number of eight fowl and
47	98		rabbits, subject to the limits of Subsection (a)(2);
48	99		(2) a prohibition on raising or keeping a rooster;
49	100		(3) the minimum distance between an animal shelter and
50	101		a residential structure other than the animal owner's own
51	102		residence;
52	103		(4) a requirement for fencing or shelter sufficient to
53	104		contain the fowl or rabbits on the owner's property;
54	105		(5) minimum requirements for combined housing and
55	106		outdoor space of at least:
56	107		(A) 20 square feet per fowl; and
57	108		(B) nine square feet per rabbit;
58	109		(6) a requirement to address sanitary conditions in a
59	110		manner that prevents accumulation of animal waste in a quantity
60	111		sufficient to create an offensive odor or attract pests; or
61	112		(7) a requirement that the fowl or rabbits may only be
62	113		kept in the side or rear yard of a residence.
63	114		(d) This section does not:
64	115		(1) restrict a property owners' association from:
65	116		(A) regulating the size and shielding of, or the
66	117		materials used in the construction of, an animal shelter that is
67	118		visible from a street, another lot, or a common area if the
68	119		restriction does not prohibit the economic installation of the
69	120		animal shelter on the property owner's property;
70	121		(B) regulating or prohibiting the installation
71	122		of signage by a cottage food operation; or
72	123		(C) regulating parking or vehicular or
73	124		pedestrian traffic associated with a cottage food operation; or
74	125		(2) require a property owners' association to permit
75	126		the growing of fruits or vegetables or the raising or keeping of
76	127		fowl or rabbits on property:
77	128		(A) owned by the property owners' association; or
78	129		(B) owned in common by the members of the
79	130		property owners' association.
80	131		(e) This section does not apply to a condominium council of
81	132		owners governed by Chapter 81 or unit owners' association governed
82	133		by Chapter 82.
83	134		(f) A provision that violates this section is void.
84		-	SECTION 2. This Act takes effect September 1, 2025.
	135	+	SECTION 3. This Act takes effect September 1, 2025.