HB 294

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.