The Baseline: What Texas Law Already Says
Before getting to the 2025 bills, it helps to understand what Texas law already established. Texas Agriculture Code §251.007 (effective September 1, 2019) prohibits cities and political subdivisions from banning residents from keeping up to 6 hens on residential property. Cities can still regulate: setbacks, coop standards, hen counts above 6, and roosters. But they cannot issue a flat ban on 6 hens.
That's the city layer. The HOA layer is different. HOAs operate through private contract (CC&Rs), and Ag Code §251.007 does not apply to private HOA agreements. If your CC&Rs say no livestock, the HOA can enforce that restriction even if your city permits chickens. That gap — city-permitted but HOA-banned — is what both 2025 bills attempted to close.
HB 2013: What It Would Have Done
House Bill 2013, introduced by Rep. Cecil Bell Jr. (R-Montgomery), passed the Texas House in April 2025 with a planned effective date of September 1, 2025. The bill would have amended Texas Property Code §202.007 to prevent HOAs from banning chickens on properties where the municipal ordinance already permits chicken-keeping.
HB 2013 protection would have applied only where the city ordinance already allowed chickens. In cities like Dallas (restrictive setbacks) or HOA communities in cities with tight limits, the HOA protection would have been limited by the underlying city rules. It was a more conditional protection than the flat 6-hen guarantee in Ag Code §251.007.
The Senate Local Government Committee held the bill without advancing it. It died in May 2025 when the legislative session ended without Senate action. The bill was formally dead — not vetoed, not deferred to a special session, just left in committee.
SB 141: The Broader Senate Attempt
Senate Bill 141, filed by Sen. Bob Hall, took a broader approach than HB 2013. SB 141 would have prohibited both cities and HOAs from banning up to 6 hens — a more comprehensive protection than either the existing Ag Code or HB 2013. The key caveat: it would have applied only to HOA covenants established on or after September 1, 2025 (like Texas Property Code §202.024's existing method-of-payment provision).
SB 141 was referred to committee early in 2025 and never advanced. It did not receive a committee hearing or vote.
Why Both Bills Failed
The same dynamic that has killed multiple Texas HOA chicken bills over the years played out again in 2025. HOA management companies and community association organizations actively oppose these bills, arguing that CC&Rs represent private contracts that homeowners voluntarily agreed to. The Texas Senate's Local Government Committee has historically been more receptive to HOA industry arguments than the House. The pattern: House passes, Senate kills.
What Texas HOA Chicken Law Looks Like Now (2026)
| Layer | Protection | Scope | Source |
|---|---|---|---|
| City ordinance bans | Protected | Cities cannot ban up to 6 hens | Ag Code §251.007 (2019) |
| HOA CC&R bans — legacy HOAs (pre-Sept 2023) | Not protected | HOA can enforce chicken ban | No statute covers this |
| HOA CC&R bans — new HOAs (post-Sept 2023) | Partial | Tex. Prop. Code §202.024 — but chicken protection reading is contested; primarily covers method-of-payment rules | HB 1193 (2023) |
| City setback, permit, coop requirements | Not preempted | Cities can still regulate coop placement and require permits | Ag Code §251.007(b) |
The practical result: in Texas, if you live in an HOA that bans chickens and that HOA was formed before September 1, 2023, there is currently no state law that overrides that ban. Your city might permit chickens. The state says cities can't ban 6 hens. But your HOA's private contract still controls your private property obligations. The 2025 legislature did not change this.
What Texas Flock Owners Should Do
- Check your city's ordinance first. Under Ag Code §251.007, your city cannot ban 6 hens. Many Texas cities permit more. But cities can and do impose setbacks, permit requirements, and other regulations — verify your specific city's current code.
- Pull your HOA's CC&Rs. Get the most recently recorded version. Search for "livestock," "poultry," "fowl," and "chickens." If your CC&Rs ban them, the HOA can enforce that ban regardless of city rules.
- Talk to your HOA board. Some boards grant exceptions, particularly for small, well-managed flocks. A written request that addresses common concerns (cleanliness, odor, noise) is worth filing even if the CC&Rs technically ban chickens.
- Contact your state representative. The most durable solution is a law — and the legislative history shows Texas is close on HOA protection. Constituent calls move these bills forward.
Texas City-Level Rules Still Apply Independently
Even without HOA protection, the Ag Code §251.007 city-level protection is real and useful. Cities like Austin (10 hens, no permit), San Antonio (6 hens, no permit), and others are accessible for Texas residents who don't live in HOA communities or whose HOAs don't ban chickens. Use our Ordinance Finder to check your specific city's rules.