HB294 - Relating to the regulation by a property owners' association of food production on single-family residential lots.

  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.