Relating to the regulation by a property owners' association of food production on single-family residential lots.

89(R) HB 294 - Engrossed version - Bill Text

89R20752 DRS-D

By: Cortez, Zwiener, Cain, McLaughlin,

H.B. No. 294

et al.

A BILL TO BE ENTITLED

AN ACT

relating to the regulation by a property owners' association of

food production on single-family residential lots.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 202, Property Code, is amended by adding

Section 202.025 to read as follows:

Sec.

202.025.

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) growing fruits and vegetables;

(2) raising or keeping:

(A) six or fewer domestic fowl; or

(B) six or fewer adult rabbits; or

(3)

producing food at a cottage food production

operation as defined by Section 437.001, Health and Safety Code.

(b)

A property owners' association may adopt and enforce a

restrictive covenant imposing reasonable requirements 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 property owners' association may adopt and enforce a

restrictive covenant imposing reasonable requirements on the

raising or keeping of fowl 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 fowl or rabbits, including:

(1)

a limit on the number of fowl or rabbits that is

more than:

(A)

the minimum number allowed by Subsection

(a)(2); or

(B)

a total combined number of eight fowl and

rabbits, subject to the limits of Subsection (a)(2);

(2) a prohibition on raising or keeping 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 fowl 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 attract pests; or

(7)

a requirement that the fowl or rabbits may only be

kept in the side or rear yard of a residence.

(d) This section does not:

(1) restrict a property owners' association from:

(A)

regulating the size and shielding of, or the

materials used in the construction of, an animal shelter that is

visible from a street, another lot, or a common area if the

restriction does not prohibit the economic installation of the

animal shelter on the property owner's property;

(B)

regulating or prohibiting the installation

of signage by a cottage food operation; or

(C)

regulating parking or vehicular or

pedestrian traffic associated with a cottage food operation; or

(2)

require a property owners' association to permit

the growing of fruits or vegetables or the raising or keeping of

fowl or rabbits on property:

(A) owned by the property owners' association; or

(B)

owned in common by the members of the

property owners' association.

(e)

This section does not apply to a condominium council of

owners governed by Chapter 81 or unit owners' association governed

by Chapter 82.

(f) A provision that violates this section is void.

SECTION 2. This Act takes effect September 1, 2025.