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SB 141

AN ACT relating to the authority of a municipality or a property owners'

Senate Bill
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Filed

Bill introduced by legislator

Committee

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Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to Senate committee

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What This Bill Does

relating to the authority of a municipality or a property owners'

Bill Text

relating to the authority of a municipality or a property owners'
association to regulate the raising or keeping of chickens.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter Z, Chapter 229, Local Government
Code, is amended by adding Section 229.902 to read as follows:
Sec. 229.902.  SIX CHICKENS 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 the raising or keeping of six or fewer
chickens on a single-family residential lot.
(b)  A municipality may impose reasonable regulations on the
raising or keeping of poultry on a single-family residential lot
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 may be
raised or kept in excess of six;
(2)  a prohibition on breeding poultry;
(3)  a prohibition on raising or keeping roosters; or
(4)  the minimum distance between a chicken coop and a
(c)  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.  SIX CHICKENS ALLOWED ON SINGLE-FAMILY
RESIDENTIAL LOT.  (a)  Notwithstanding Section 202.002(a), this
section applies only to a restrictive covenant created on or after
(b)  Notwithstanding any other law and except as provided by
Subsection (c), a property owners' association may not adopt or
enforce a restrictive covenant that prohibits the raising or
keeping of six or fewer chickens on a single-family residential
(c)  A property owners' association may adopt and enforce a
restrictive covenant imposing reasonable requirements on the
raising or keeping of poultry on a single-family residential lot
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 may be
raised or kept in excess of six;
(2)  a prohibition on breeding poultry;
(3)  a prohibition on raising or keeping roosters; or
(4)  the minimum distance between a chicken coop and
(d)  A provision that violates Subsection (b) is void.
SECTION 3.  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, 2025.

Bill History

filed

Bill filed: AN ACT relating to the authority of a municipality or a property owners'