Bill Text: TX HB294 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the regulation by a municipality or property owners' association of food production on single-family residential lots.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB294 Detail]
Download: Texas-2025-HB294-Introduced.html
| 89R3814 DRS-F | ||
| By: Cortez | H.B. No. 294 | |
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| relating to the regulation by a municipality or property owners' | ||
| association of food production on single-family residential lots. | ||
| 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 this section, a municipality may not adopt or enforce an | ||
| ordinance that prohibits any of the following activities on a | ||
| single-family residential lot: | ||
| (1) growing fruits and vegetables; or | ||
| (2) raising or keeping: | ||
| (A) six or fewer domestic fowl; 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 fowl 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 fowl or rabbits, including: | ||
| (1) a limit on the number of fowl or rabbits that is | ||
| more than: | ||
| (A) the minimum number allowed by Subsection | ||
| (a)(2); or | ||
| (B) a total combined number of eight fowl and | ||
| rabbits, subject to the limits of Subsection (a)(2); | ||
| (2) a prohibition on raising or keeping 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 fowl 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 attract pests; or | ||
| (7) a requirement that the fowl 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 202.025 to read as follows: | ||
| Sec. 202.025. 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) growing fruits and vegetables; | ||
| (2) raising or keeping: | ||
| (A) six or fewer domestic fowl; or | ||
| (B) six or fewer adult rabbits; or | ||
| (3) producing food at a cottage food production | ||
| operation as defined by Section 437.001, 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 fowl 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 fowl or rabbits, including: | ||
| (1) a limit on the number of fowl or rabbits that is | ||
| more than: | ||
| (A) the minimum number allowed by Subsection | ||
| (a)(2); or | ||
| (B) a total combined number of eight fowl and | ||
| rabbits, subject to the limits of Subsection (a)(2); | ||
| (2) a prohibition on raising or keeping 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 fowl 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 attract pests; or | ||
| (7) a requirement that the fowl 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 | ||
| fowl 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, 2025. | ||
