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Texas bill targets city policies on gardening, raising fowl or rabbits

The bill prevents municipalities and cities from filing ordinances against raising fowl or rabbits and growing vegetables.

AUSTIN, Texas — A bill introduced to the 88th Texas Legislature would prevent municipalities and cities from passing certain ordinances on residence homestead property.

HB 92 discusses the following activities on the homeowner's property: growing fruits and vegetables, raising and keeping domestic fowl and adult rabbits, installing solar or wind-powered energy devices, installing an underground shelter and installing rain barrels or harvesting rainwater.

This bill would prevent municipalities and cities from filing ordinances regarding each activity. Instead, these municipalities and cities can ask homeowners to maintain the growing area if visible from the street or trim or remove trees as necessary.

When it comes to raising fowl or rabbits, the bill states that municipalities and cities can file ordinances to help "control odor, noise, safety or sanitary conditions." 

They can put "a limit on the number of fowl or rabbits that is more than the minimum number allowed … or a total combined number of eight fowl and rabbits, subject to the limits." 

However, the bill prohibits raising or keeping a rooster.

The bill also discussed proper fencing or shelter requirements and preventing the accumulation of animal waste. 

According to the bill, it would require homeowners to keep fowl or rabbits only in the side or rear yard of the home. Minimum requirements stated that there must be 20 square feet per fowl "for combined housing and outdoor space." As for rabbits, there must be 9 square feet per rabbit. However, this does not count toward condos.

HB 92 can be found here.

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