87(R) SB 1062 - Introduced version - Bill Text
| |
| |
|
|
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), 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; |
|
|
(B) six or fewer rabbits; or |
|
|
(C) three or fewer beehives. |
|
|
(b) A municipality may impose reasonable regulations on the |
|
|
raising or keeping of fowls, rabbits, or bees on a single-family |
|
|
residential lot that do not have the effect of prohibiting the |
|
|
raising or keeping of the fowls, rabbits, or bees, including: |
|
|
(1) a limit on the number of animals or beehives that |
|
|
is more than the minimum number allowed by this section; |
|
|
(2) a prohibition on raising or keeping of a rooster; |
|
|
or |
|
|
(3) the minimum distance between an animal shelter or |
|
|
beehive and a residential structure. |
|
|
(c) 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 Subsection (b), 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; |
|
|
(B) six or fewer rabbits; or |
|
|
(C) three or fewer beehives; 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 |
|
|
restrictive covenant imposing reasonable requirements on the |
|
|
raising or keeping of fowls, rabbits, or bees on a single-family |
|
|
residential lot that do not have the effect of prohibiting the |
|
|
raising or keeping of the fowls, rabbits, or bees, including: |
|
|
(1) a limit on the number of animals or beehives that |
|
|
is more than the minimum number allowed by this section; |
|
|
(2) a prohibition on raising or keeping of a rooster; |
|
|
or |
|
|
(3) the minimum distance between an animal shelter or |
|
|
beehive and a residential structure. |
|
|
(c) A provision that violates this section is void. |
|
|
SECTION 3. This Act takes effect September 1, 2021. |