Texas Laws on Chickens? Have we now a state law in Texas for BYC?

Discussion in 'Local Chicken Laws & Ordinances' started by The Sarge, Mar 24, 2019.

  1. The Sarge

    The Sarge Hatching

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    Saw some forums for 2012 about a Texas State Law allowing up to 6 chickens. Can't find anything on this at all. HELP!
     
  2. Fishkeeper

    Fishkeeper Songster

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    It varies between counties and cities. You'll have to look it up for your individual area.
     
  3. The Sarge

    The Sarge Hatching

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    Don't State Laws supersede County and City? Just wondering..
     
  4. ChocolateMouse

    ChocolateMouse Crowing

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    State laws only supersede if they are worded a certain way. For example if a state law says "You must have a dog licence to own a dog" then a city can say "you must have a dog licence AND $50K in personal liability insurance to own a dog" without violating the law. A city CANNOT say "You don't need a licence to own a dog here."

    Additionally if a state law says "It's legal for a property owner to do X" then a city can't pass a law saying that's illegal. But laws aren't usually phrased that way and are heavily disputed when they are. Those tend to be rare and fall under rights awarded by the state. See: Michigans right-to-farm laws.

    Basically unless a law unambiguously says otherwise cities can make their laws stricter than state laws.
    So I would start with your local ordinances because they are the most likely to be the strictest laws on the books and by following them you'd also be in compliance with state laws unless you can find a specific discrepancy.
     
    rosemarythyme and PirateGirl like this.
  5. The Sarge

    The Sarge Hatching

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    Thanks..however my question (focus) was on the State laws in Texas concerning BYC that was to have been legislated back in 2012. Just looking for a starting point.
     
  6. digsindirt

    digsindirt In the Brooder

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    There is currently NOT a state law allowing chickens. However, they are trying to pass one this legislature. But we need all Texas chicken owners to help. There are currently two bills sporting backyard chickens which will supersede city laws (but not existing HOAs).
    Senate bill SB68
    House bill HB2596

    Please contact your elected officials and ask them to vote in favor of these bills.

    I’m copying this from our local FB chicken group.

    ——————————
    Houston Peeps

    Today was the hearing of bill SB 86, it passed 4-1, but according to Houston Senator Carol Alvarado, the City will oppose it. This is not good news, since having the largest Texas city oppose this bill, could hinder the overall success of this bill.

    We need to let our Houston State Senators & the Mayor of Houston know there is a large group of Houston Chicken Keepers that support bill SB86.

    Therefore, if you have not done it already, please email them, tweet them, Facebook message them, and let your voice be heard.

    Below link will show you whom is your current State Senator and Representative.

    https://wrm.capitol.texas.gov/home


    Houston Mayor Sylvester Turner

    Email: [email protected]

    Twitter: @SylvesterTurner
     
    maybe likes this.
  7. maybe

    maybe Chirping

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    Looks like I've got a project tonight. How disappointing that the city is planning to oppose.
     

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