Texas House Bill HB294

Texas 2025 - 89th Regular

• Filed: 11/12/24
• Out of House Committee: 3/31/25
• Voted on by House: 5/2/25

Caption

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

Impact

The passage of HB 294 would significantly alter the landscape of property regulations by enhancing the rights of homeowners to produce food in their residential spaces. Property owners' associations will still be able to impose reasonable restrictions related to safety, sanitation, and aesthetics, but cannot completely prohibit these food production activities. This change is expected to support local food systems and empower residents to cultivate their own food sources, which can have positive implications for food security and community resilience.

Summary

House Bill 294 aims to authorize food production on single-family residential lots in Texas, specifically preventing property owners' associations from adopting or enforcing restrictive covenants that prohibit such activities. It allows residents to grow fruits and vegetables, keep a limited number of domestic fowl, and engage in cottage food production. The bill seeks to promote urban agriculture and food self-sufficiency within communities, reflecting a broader movement toward sustainability and local food initiatives.

Sentiment

The sentiment regarding HB 294 appears to be generally favorable, especially among proponents of local food movements and sustainability advocates. Supporters argue that the bill would encourage healthy food production and foster a sense of community self-reliance. However, there may also be reservations from those concerned about potential conflicts with existing neighborhood standards and the implications for property values. Overall, it has sparked conversations about the balance between individual rights and community regulations.

Contention

While HB 294 promotes food production, it's important to note that property owners' associations retain some regulatory authority over how these activities are conducted. The provisions allowing for reasonable covenants about maintenance and sanitation indicate that there is an ongoing negotiation regarding the balance between individual rights to produce food and community standards. This aspect may generate discussion about how to effectively manage potential nuisances that could arise from increased food production activities in residential areas.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 217. Municipal Regulation Of Nuisances And Disorderly Conduct
  • Section: New Section

Property Code

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

Health And Safety Code

• Chapter 437. Regulation Of Food Service Establishments, Retail Food Stores, Mobile Food Units, And Roadside Food Vendors
  • Section: New Section