HB 294

relating to the regulation by a municipality or 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 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 this section, a municipality may not adopt or enforce an
ordinance that prohibits any of the following activities on a
(1)  growing fruits and vegetables; or
(A)  six or fewer domestic fowl; or
(B)  six or fewer adult rabbits.
(b)  A municipality may impose reasonable regulations 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,
(1)  a requirement that the growing area be maintained
in good condition if visible from the street faced by the lot or
(2)  a requirement for the trimming or removal of a tree
as necessary for the maintenance of a utility easement.
(c)  A municipality may impose reasonable regulations 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
(A)  the minimum number allowed by Subsection
(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
(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
(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 apply to a condominium unit.
(e)  An ordinance adopted by a municipality that violates
SECTION 2.  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;
(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,
(1)  a requirement that the growing area be maintained
in good condition if visible from the street faced by the lot or
(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
(A)  the minimum number allowed by Subsection
(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
(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
(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.
(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
(A)  owned by the property owners' association; or
(B)  owned in common by the members of the
(e)  This section does not apply to a condominium council of
owners governed by Chapter 81 or unit owners' association governed
(f)  A provision that violates this section is void.
SECTION 3.  This Act takes effect September 1, 2025.