87(R) HB 1686 - Engrossed version - Bill Text

	By:  Cortez, Wilson, Toth, Rodriguez, et al.	H.B.  No.  1686

	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation of food production on single-family
	residential lots by a municipality or property owners' association.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Chapter 217, Local Government Code, is amended
	by adding Subchapter Z to read as follows:
	SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
	Sec.  217.901.    FOOD PRODUCTION ALLOWED ON SINGLE-FAMILY
	RESIDENTIAL LOT. (a) Notwithstanding any other law and except as
	provided by Subsection (b) or (c), a municipality may not adopt or
	enforce an ordinance that prohibits any of the following activities
	on a single-family residential lot:
	(1)    the growing of fruits and vegetables; or
	(2)    the raising or keeping of:
	(A)    six or fewer domestic fowls; or
	(B)    six or fewer adult rabbits.
	(b)    A municipality may impose reasonable regulations on the
	growing of fruits and vegetables on a single-family residential lot
	that do not have the effect of prohibiting the growing of the fruits
	or vegetables in the front, side, or rear yard of a residence,
	including:
	(1)    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
	(2)    a requirement for the trimming or removal of a tree
	as necessary for the maintenance of a utility easement.
	(c)    A municipality may impose reasonable regulations on the
	raising or keeping of fowls 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 fowls or rabbits, including:
	(1)    a limit on the number of fowls or rabbits that is
	more than:
	(A)    the minimum number allowed by Subsection
	(a)(2); or
	(B)    a total combined number of eight fowls and
	rabbits, subject to the limits of Subsection (a)(2);
	(2)    a prohibition on raising or keeping of a rooster;
	(3)    the minimum distance between an animal shelter and
	a residential structure other than the animal owner's own
	residence;
	(4)    a requirement for fencing or shelter sufficient to
	contain the fowls or rabbits on the owner's property;
	(5)    minimum requirements for combined housing and
	outdoor space of at least:
	(A)    20 square feet per fowl; and
	(B)    nine square feet per rabbit;
	(6)    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 the attraction of pests;
	or
	(7)    a requirement that the fowls or rabbits may only be
	kept in the side or rear yard of a residence.
	(d)    This section does not apply to a condominium unit.
	(e)    An ordinance adopted by a municipality that violates
	this section is void.
	SECTION  2.    Chapter 202, Property Code, is amended by adding
	Section 202.022 to read as follows:
	Sec.  202.022.    FOOD PRODUCTION ALLOWED ON SINGLE-FAMILY
	RESIDENTIAL LOT. (a) Notwithstanding any other law and except as
	provided by this section, a property owners' association may not
	adopt or enforce a restrictive covenant that prohibits any of the
	following activities on a single-family residential lot:
	(1)    the growing of fruits and vegetables;
	(2)    the raising or keeping of:
	(A)    six or fewer domestic fowls; or
	(B)    six or fewer adult rabbits; or
	(3)    a cottage food production operation, as defined by
	Section 437.001(2-b), Health and Safety Code.
	(b)    A property owners' association may adopt and enforce a