88R25344 KBB-F
 
  By: Cain, et al. H.B. No. 1191
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a municipality or county to regulate
  the raising or keeping of chickens.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 250, Local Government Code, is amended
  by adding Section 250.014 to read as follows:
         Sec. 250.014.  REGULATION OF CHICKENS. (a) Notwithstanding
  any other law and except as provided by Subsection (b), a
  municipality or county may not adopt or enforce an ordinance or
  order that prohibits an individual from raising or keeping six or
  fewer chickens.
         (b)  A municipality may impose reasonable regulations on the
  raising or keeping of chickens 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 an
  individual may raise or keep in excess of six;
               (2)  a prohibition on breeding chickens;
               (3)  a prohibition on raising or keeping roosters;
               (4)  a requirement that an individual only keep
  chickens in the rear yard of a residence;
               (5)  a requirement that an individual provide fencing
  or shelter sufficient to contain chickens on the individual's
  property; or
               (6)  a regulation related to the accumulation of animal
  waste that results in an offensive odor or attracts pests.
         SECTION 2.  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, 2023.