Bill Text: TX HB1686 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the regulation of food production on single-family residential lots by a municipality or property owners' association.
Spectrum: Slight Partisan Bill (Republican 6-3)
Status: (Engrossed - Dead) 2021-05-14 - Referred to Local Government [HB1686 Detail]
Download: Texas-2021-HB1686-Engrossed.html
By: Cortez, Wilson, Toth, Rodriguez, et al. | H.B. No. 1686 |
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relating to the regulation of food production on single-family | ||
residential lots by a municipality or property owners' association. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 217, Local Government Code, is amended | ||
by adding Subchapter Z to read as follows: | ||
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS | ||
Sec. 217.901. FOOD PRODUCTION ALLOWED ON SINGLE-FAMILY | ||
RESIDENTIAL LOT. (a) Notwithstanding any other law and except as | ||
provided by Subsection (b) or (c), a municipality may not adopt or | ||
enforce an ordinance that prohibits any of the following activities | ||
on a single-family residential lot: | ||
(1) the growing of fruits and vegetables; or | ||
(2) the raising or keeping of: | ||
(A) six or fewer domestic fowls; or | ||
(B) six or fewer adult rabbits. | ||
(b) A municipality may impose reasonable regulations on the | ||
growing of fruits and vegetables on a single-family residential lot | ||
that do not have the effect of prohibiting the growing of the fruits | ||
or vegetables in the front, side, or rear yard of a residence, | ||
including: | ||
(1) a requirement that the growing area be maintained | ||
in good condition if visible from the street faced by the lot or | ||
from an adjoining lot; and | ||
(2) a requirement for the trimming or removal of a tree | ||
as necessary for the maintenance of a utility easement. | ||
(c) A municipality may impose reasonable regulations on the | ||
raising or keeping of fowls or rabbits on a single-family | ||
residential lot to control odor, noise, safety, or sanitary | ||
conditions that do not have the effect of prohibiting the raising or | ||
keeping of the fowls or rabbits, including: | ||
(1) a limit on the number of fowls or rabbits that is | ||
more than: | ||
(A) the minimum number allowed by Subsection | ||
(a)(2); or | ||
(B) a total combined number of eight fowls and | ||
rabbits, subject to the limits of Subsection (a)(2); | ||
(2) a prohibition on raising or keeping of a rooster; | ||
(3) the minimum distance between an animal shelter and | ||
a residential structure other than the animal owner's own | ||
residence; | ||
(4) a requirement for fencing or shelter sufficient to | ||
contain the fowls or rabbits on the owner's property; | ||
(5) minimum requirements for combined housing and | ||
outdoor space of at least: | ||
(A) 20 square feet per fowl; and | ||
(B) nine square feet per rabbit; | ||
(6) a requirement to address sanitary conditions in a | ||
manner that prevents accumulation of animal waste in a quantity | ||
sufficient to create an offensive odor or the attraction of pests; | ||
or | ||
(7) a requirement that the fowls or rabbits may only be | ||
kept in the side or rear yard of a residence. | ||
(d) This section does not apply to a condominium unit. | ||
(e) An ordinance adopted by a municipality that violates | ||
this section is void. | ||
SECTION 2. Chapter 202, Property Code, is amended by adding | ||
Section 202.022 to read as follows: | ||
Sec. 202.022. FOOD PRODUCTION ALLOWED ON SINGLE-FAMILY | ||
RESIDENTIAL LOT. (a) Notwithstanding any other law and except as | ||
provided by this section, a property owners' association may not | ||
adopt or enforce a restrictive covenant that prohibits any of the | ||
following activities on a single-family residential lot: | ||
(1) the growing of fruits and vegetables; | ||
(2) the raising or keeping of: | ||
(A) six or fewer domestic fowls; or | ||
(B) six or fewer adult rabbits; or | ||
(3) a cottage food production operation, as defined by | ||
Section 437.001(2-b), Health and Safety Code. | ||
(b) A property owners' association may adopt and enforce a | ||
restrictive covenant imposing reasonable requirements on the | ||
growing of fruits and vegetables on a single-family residential lot | ||
that do not have the effect of prohibiting the growing of the fruits | ||
or vegetables in the front, side, or rear yard of a residence, | ||
including: | ||
(1) a requirement that the growing area be maintained | ||
in good condition if visible from the street faced by the lot or | ||
from an adjoining lot; and | ||
(2) a requirement for the trimming or removal of a tree | ||
as necessary for the maintenance of a utility easement. | ||
(c) A property owners' association may adopt and enforce a | ||
restrictive covenant imposing reasonable requirements on the | ||
raising or keeping of fowls or rabbits on a single-family | ||
residential lot to control odor, noise, safety, or sanitary | ||
conditions that do not have the effect of prohibiting the raising or | ||
keeping of the fowls or rabbits, including: | ||
(1) a limit on the number of fowls or rabbits that is | ||
more than: | ||
(A) the minimum number allowed by Subsection | ||
(a)(2); or | ||
(B) a total combined number of eight fowls and | ||
rabbits, subject to the limits of Subsection (a)(2); | ||
(2) a prohibition on raising or keeping of a rooster; | ||
(3) the minimum distance between an animal shelter and | ||
a residential structure other than the animal owner's own | ||
residence; | ||
(4) a requirement for fencing or shelter sufficient to | ||
contain the fowls or rabbits on the owner's property; | ||
(5) minimum requirements for combined housing and | ||
outdoor space of at least: | ||
(A) 20 square feet per fowl; and | ||
(B) nine square feet per rabbit; | ||
(6) a requirement to address sanitary conditions in a | ||
manner that prevents accumulation of animal waste in a quantity | ||
sufficient to create an offensive odor or the attraction of pests; | ||
or | ||
(7) a requirement that the fowls or rabbits may only be | ||
kept in the side or rear yard of a residence. | ||
(d) This section does not: | ||
(1) restrict a property owners' association from: | ||
(A) regulating the size and shielding of, or the | ||
materials used in the construction of, an animal shelter that is | ||
visible from a street, another lot, or a common area if the | ||
restriction does not prohibit the economic installation of the | ||
animal shelter on the property owner's property; | ||
(B) regulating or prohibiting the installation | ||
of signage by a cottage food operation; or | ||
(C) regulating parking or vehicular or | ||
pedestrian traffic associated with a cottage food operation; or | ||
(2) require a property owners' association to permit | ||
the growing of fruits or vegetables or the raising or keeping of | ||
fowls or rabbits on property: | ||
(A) owned by the property owners' association; or | ||
(B) owned in common by the members of the | ||
property owners' association. | ||
(e) This section does not apply to a condominium council of | ||
owners governed by Chapter 81 or unit owners' association governed | ||
by Chapter 82. | ||
(f) A provision that violates this section is void. | ||
SECTION 3. This Act takes effect September 1, 2021. |