Bill Text: TX SB326 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the authority of a municipality or a property owners' association to regulate the raising or keeping of chickens.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-15 - Referred to Local Government [SB326 Detail]
Download: Texas-2023-SB326-Introduced.html
| 88R3627 KBB-D | ||
| By: Hall | S.B. No. 326 | |
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| relating to the authority of a municipality or a property owners' | ||
| association to regulate the raising or keeping of chickens. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 217, Local Government Code, is amended | ||
| by adding Subchapter D to read as follows: | ||
| SUBCHAPTER D. MISCELLANEOUS REGULATORY AUTHORITY | ||
| Sec. 217.061. SIX CHICKENS ALLOWED ON SINGLE-FAMILY | ||
| RESIDENTIAL LOT. (a) Notwithstanding any other law and except as | ||
| provided by Subsection (b), a municipality may not adopt or enforce | ||
| an ordinance that prohibits the raising or keeping of six or fewer | ||
| chickens on a single-family residential lot. | ||
| (b) A municipality may impose reasonable regulations on the | ||
| raising or keeping of poultry on a single-family residential lot | ||
| that do not have the effect of prohibiting the raising or keeping of | ||
| six or fewer chickens, including: | ||
| (1) a limit on the number of chickens that may be | ||
| raised or kept in excess of six; | ||
| (2) a prohibition on breeding poultry; | ||
| (3) a prohibition on raising or keeping roosters; or | ||
| (4) the minimum distance between a chicken coop and a | ||
| residential structure. | ||
| (c) An ordinance adopted by a municipality that violates | ||
| Subsection (a) is void. | ||
| SECTION 2. Chapter 202, Property Code, is amended by adding | ||
| Section 202.024 to read as follows: | ||
| Sec. 202.024. SIX CHICKENS ALLOWED ON SINGLE-FAMILY | ||
| RESIDENTIAL LOT. (a) Notwithstanding Section 202.002(a), this | ||
| section applies only to a restrictive covenant created on or after | ||
| September 1, 2023. | ||
| (b) Notwithstanding any other law and except as provided by | ||
| Subsection (c), a property owners' association may not adopt or | ||
| enforce a restrictive covenant that prohibits the raising or | ||
| keeping of six or fewer chickens on a single-family residential | ||
| lot. | ||
| (c) A property owners' association may adopt and enforce a | ||
| restrictive covenant imposing reasonable requirements on the | ||
| raising or keeping of poultry on a single-family residential lot | ||
| that do not have the effect of prohibiting the raising or keeping of | ||
| six or fewer chickens, including: | ||
| (1) a limit on the number of chickens that may be | ||
| raised or kept in excess of six; | ||
| (2) a prohibition on breeding poultry; | ||
| (3) a prohibition on raising or keeping roosters; or | ||
| (4) the minimum distance between a chicken coop and | ||
| another lot. | ||
| (d) A provision that violates Subsection (b) is void. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2023. | ||
