Texas Senate Bill SB141

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to the authority of a municipality or a property owners' association to regulate the raising or keeping of chickens.

Impact

The legislation alters existing state and local laws by creating a specific allowance for the raising of chickens, counteracting any municipal ordinances that may impose stricter rules. While the bill allows municipalities to impose reasonable regulations, it clarifies that these regulations cannot effectively prohibit the keeping of six or fewer chickens. This change could have widespread implications for residential communities, where local governments have historically held significant control over zoning and property use ordinances.

Summary

SB141 establishes regulations regarding the keeping of chickens on single-family residential lots in Texas. The bill specifically prohibits municipalities from enacting ordinances that restrict the raising or keeping of six or fewer chickens. This means that urban residents will have the freedom to keep a small number of chickens without fear of local regulations preventing them from doing so. The bill emphasizes promoting urban agriculture and local food production by allowing residents to raise poultry in their yards.

Contention

Points of contention surrounding SB141 may arise regarding the balance of local governance and state intervention. Though supporters advocate for increased local food production and the rights of residents to keep chickens, opponents might argue that such state-level mandates could undermine local governments' abilities to address unique community concerns. The potential for nuisance complaints concerning noise, cleanliness, and the general feasibility of keeping chickens in an urban setting may also create debate among community members and local officials.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 229. Miscellaneous Regulatory Authority Of Municipalities
  • Section: New Section

Property Code

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