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