| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of a municipality or a property owners' |
|
|
association to regulate the raising or keeping of chickens. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter Z, Chapter 229, Local Government |
|
|
Code, is amended by adding Section 229.902 to read as follows: |
|
|
Sec. 229.902. SIX CHICKENS ALLOWED ON SINGLE-FAMILY |
|
|
RESIDENTIAL LOT. (a) Notwithstanding any other law and except as |
|
|
provided by Subsection (b), a municipality may not adopt or enforce |
|
|
an ordinance that prohibits the raising or keeping of six or fewer |
|
|
chickens on a single-family residential lot. |
|
|
(b) A municipality may impose reasonable regulations on the |
|
|
raising or keeping of poultry on a single-family residential lot |
|
|
that do not have the effect of prohibiting the raising or keeping of |
|
|
six or fewer chickens, including: |
|
|
(1) a limit on the number of chickens that may be |
|
|
raised or kept in excess of six; |
|
|
(2) a prohibition on breeding poultry; |
|
|
(3) a prohibition on raising or keeping roosters; or |
|
|
(4) the minimum distance between a chicken coop and a |
|
|
residential structure. |
|
|
(c) An ordinance adopted by a municipality that violates |
|
|
Subsection (a) is void. |
|
|
SECTION 2. Chapter 202, Property Code, is amended by adding |
|
|
Section 202.025 to read as follows: |
|
|
Sec. 202.025. SIX CHICKENS ALLOWED ON SINGLE-FAMILY |
|
|
RESIDENTIAL LOT. (a) Notwithstanding Section 202.002(a), this |
|
|
section applies only to a restrictive covenant created on or after |
|
|
September 1, 2025. |
|
|
(b) Notwithstanding any other law and except as provided by |
|
|
Subsection (c), a property owners' association may not adopt or |
|
|
enforce a restrictive covenant that prohibits the raising or |
|
|
keeping of six or fewer chickens on a single-family residential |
|
|
lot. |
|
|
(c) A property owners' association may adopt and enforce a |
|
|
restrictive covenant imposing reasonable requirements on the |
|
|
raising or keeping of poultry on a single-family residential lot |
|
|
that do not have the effect of prohibiting the raising or keeping of |
|
|
six or fewer chickens, including: |
|
|
(1) a limit on the number of chickens that may be |
|
|
raised or kept in excess of six; |
|
|
(2) a prohibition on breeding poultry; |
|
|
(3) a prohibition on raising or keeping roosters; or |
|
|
(4) the minimum distance between a chicken coop and |
|
|
another lot. |
|
|
(d) A provision that violates Subsection (b) is void. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2025. |