Bill Text: TX SB1062 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the regulation of food production on single-family residential lots by a municipality or property owners' association.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-05-19 - Co-author authorized [SB1062 Detail]
Download: Texas-2021-SB1062-Introduced.html
| 87R3174 DRS-F | ||
| By: Zaffirini | S.B. No. 1062 | |
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| 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. | ||
