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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of raising or keeping chickens by a |
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municipality or a 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 D to read as follows: |
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SUBCHAPTER D. MISCELLANEOUS REGULATORY AUTHORITY |
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Sec. 217.051. SIX CHICKENS 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), a municipality may not adopt or enforce |
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an ordinance that prohibits the raising or keeping of six or fewer |
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chickens on a single-family residential lot. |
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(b) A municipality may impose reasonable regulations on the |
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raising or keeping of poultry on a single-family residential lot |
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that do not have the effect of prohibiting the raising or keeping of |
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six or fewer chickens, including: |
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(1) a limit on the number of chickens that may be |
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raised or kept in excess of six; |
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(2) a prohibition on breeding poultry; |
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(3) a prohibition on raising or keeping roosters; or |
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(4) the minimum distance between a chicken coop and a |
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residential structure. |
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(c) An ordinance adopted by a municipality that violates |
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Subsection (a) is void. |
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SECTION 2. Chapter 202, Property Code, is amended by adding |
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Section 202.020 to read as follows: |
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Sec. 202.020. SIX CHICKENS ALLOWED ON SINGLE-FAMILY |
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RESIDENTIAL LOT. (a) Notwithstanding Section 202.002(a), this |
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section applies only to a restrictive covenant created on or after |
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September 1, 2019. |
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(b) Notwithstanding any other law and except as provided by |
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Subsection (c), a property owners' association may not adopt or |
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enforce a restrictive covenant that prohibits the raising or |
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keeping of six or fewer chickens on a single-family residential |
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lot. |
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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 poultry on a single-family residential lot |
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that do not have the effect of prohibiting the raising or keeping of |
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six or fewer chickens, including: |
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(1) a limit on the number of chickens that may be |
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raised or kept in excess of six; |
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(2) a prohibition on breeding poultry; |
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(3) a prohibition on raising or keeping roosters; or |
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(4) the minimum distance between a chicken coop and |
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another lot. |
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(d) A provision that violates Subsection (b) is void. |
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SECTION 3. Subchapter D, Chapter 217, Local Government |
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Code, as added by this Act, applies to an ordinance adopted before, |
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on, or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |