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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 six or fewer |
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chickens by a political subdivision or property owners' |
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association. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Chicken Freedom |
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Act. |
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SECTION 2. The heading to Chapter 251, Agriculture Code, is |
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amended to read as follows: |
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CHAPTER 251. EFFECT OF NUISANCE ACTIONS AND GOVERNMENTAL |
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REQUIREMENTS ON CERTAIN [PREEXISTING] AGRICULTURAL OPERATIONS |
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SECTION 3. Chapter 251, Agriculture Code, is amended by |
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adding Section 251.007 to read as follows: |
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Sec. 251.007. SIX CHICKENS ALLOWED. (a) Notwithstanding |
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any other law and except as provided by Subsection (b), a political |
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subdivision may not impose a governmental requirement that |
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prohibits an individual from raising or keeping six or fewer |
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chickens in the boundaries of the political subdivision. |
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(b) A municipality may impose reasonable governmental |
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requirements on the raising or keeping of poultry in the boundaries |
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of the municipality that do not have the effect of prohibiting the |
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raising or keeping of six or fewer chickens, including: |
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(1) a limit on the number of chickens an individual may |
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raise or keep in excess of six; |
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(2) a prohibition on breeding poultry; or |
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(3) a prohibition on raising or keeping roosters. |
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(c) A governmental requirement adopted by a political |
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subdivision that violates Subsection (a) is void. |
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SECTION 4. Chapter 202, Property Code, is amended by adding |
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Section 202.024 to read as follows: |
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Sec. 202.024. 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, 2023. |
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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 5. Section 251.007, Agriculture Code, as added by |
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this Act, applies to a governmental requirement adopted before, on, |
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or after the effective date of this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |