BILL ANALYSIS

H.B. 276

By: Cortez

Agriculture & Livestock

Committee Report (Unamended)

BACKGROUND AND PURPOSE

A growing number of Texans have shown an interest in raising food for themselves, for the health of their families, and for the pleasure of gardening or raising animals. Growing a home garden and raising animals has been shown to have a number of benefits, including increased access to high-quality and nutritious food, a reduction in family food bills, and physical and mental well-being. Unfortunately, some municipalities and property owners' associations restrict Texans from raising their own food. H.B. 276 seeks to prevent municipalities and property owners' associations from prohibiting the growing of fruits and vegetables or the raising or keeping of a certain number of domestic fowl and adult rabbits while still providing for reasonable regulations and requirements.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 276 amends the Local Government Code and Property Code to prohibit a municipality and a property owners' association, respectively and except as provided by the bill, from adopting or enforcing an ordinance or restrictive covenant that prohibits any of the following activities on a single-family residential lot:

· growing fruits and vegetables;

· raising or keeping the following:

o six or fewer domestic fowl; or

o six or fewer adult rabbits; or

· applicable only to a property owners' association, producing food at a cottage food production operation.

H.B. 276 authorizes a municipality to impose reasonable regulations, and a property owners' association to 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 that growing in a residence's front, side, or rear yard, including 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 a requirement for the trimming or removal of a tree as necessary for the maintenance of a utility easement.

H.B. 276 authorizes a municipality to impose reasonable regulations, and a property owners' association to 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 the following:

· a limit on the number of fowl or rabbits that is more than:

o the minimum number allowed by the bill; or

o a total combined number of eight fowl and rabbits, subject to the bill's limits for each type of animal;

· a prohibition on raising or keeping a rooster;

· the minimum distance between an animal shelter and a residential structure other than the animal owner's own residence;

· a requirement for fencing or shelter sufficient to contain the fowl or rabbits on the owner's property;

· minimum requirements for combined housing and outdoor space of at least 20 square feet per fowl and nine square feet per rabbit;

· 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

· a requirement that the fowl or rabbits may only be kept in the side or rear yard of a residence.

H.B. 276 voids a municipal ordinance or restrictive covenant provision that violates the bill's provisions.

H.B. 276 expressly does not do the following:

· require a property owners' association to permit the growing of fruits or vegetables or the raising or keeping of fowl or rabbits on property that is owned by the association or owned in common by the association's members; or

· restrict a property owners' association from taking the following actions:

o 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;

o regulating or prohibiting the installation of signage by a cottage food operation; or

o regulating parking or vehicular or pedestrian traffic associated with a cottage food operation.

H.B. 276 exempts a condominium unit from the bill's municipality provisions and exempts the following from the bill's property owners' association provisions:

· a condominium council of owners governed by the Condominium Act; and

· a unit owners' association governed by the Uniform Condominium Act.

EFFECTIVE DATE

September 1, 2023.