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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), a municipality may not adopt or enforce |
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an ordinance that prohibits any of the following activities on a |
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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; |
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(B) six or fewer rabbits; or |
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(C) three or fewer beehives. |
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(b) A municipality may impose reasonable regulations on the |
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raising or keeping of fowls, rabbits, or bees on a single-family |
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residential lot that do not have the effect of prohibiting the |
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raising or keeping of the fowls, rabbits, or bees, including: |
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(1) a limit on the number of animals or beehives that |
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is more than the minimum number allowed by this section; |
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(2) a prohibition on raising or keeping of a rooster; |
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or |
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(3) the minimum distance between an animal shelter or |
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beehive and a residential structure. |
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(c) 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 Subsection (b), 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; |
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(B) six or fewer rabbits; or |
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(C) three or fewer beehives; 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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raising or keeping of fowls, rabbits, or bees on a single-family |
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residential lot that do not have the effect of prohibiting the |
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raising or keeping of the fowls, rabbits, or bees, including: |
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(1) a limit on the number of animals or beehives that |
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is more than the minimum number allowed by this section; |
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(2) a prohibition on raising or keeping of a rooster; |
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or |
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(3) the minimum distance between an animal shelter or |
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beehive and a residential structure. |
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(c) A provision that violates this section is void. |
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SECTION 3. This Act takes effect September 1, 2021. |