Bill Text: TX SB86 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the regulation of raising or keeping chickens on single-family residential lots by a municipality.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2019-05-02 - Committee report sent to Calendars [SB86 Detail]
Download: Texas-2019-SB86-Comm_Sub.html
Bill Title: Relating to the regulation of raising or keeping chickens on single-family residential lots by a municipality.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2019-05-02 - Committee report sent to Calendars [SB86 Detail]
Download: Texas-2019-SB86-Comm_Sub.html
By: Hall | S.B. No. 86 | |
(In the Senate - Filed November 12, 2018; February 1, 2019, | ||
read first time and referred to Committee on Intergovernmental | ||
Relations; April 3, 2019, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 5, Nays 1; | ||
April 3, 2019, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 86 | By: Schwertner |
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relating to the regulation of raising or keeping chickens by a | ||
municipality or a 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 D to read as follows: | ||
SUBCHAPTER D. MISCELLANEOUS REGULATORY AUTHORITY | ||
Sec. 217.051. 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 202.020 to read as follows: | ||
Sec. 202.020. 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, 2019. | ||
(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. Subchapter D, Chapter 217, Local Government | ||
Code, as added by this Act, applies to an ordinance adopted before, | ||
on, or after the effective date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2019. | ||
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