Senate committee hears competing views on bill that would let city ordinances override HOA bans on backyard hens

The Senate Committee on Local Government considered House Bill 2013, a measure that would prevent property owners associations from enforcing restrictive covenants that prohibit backyard egg‑laying hens when the municipality in which the association sits has an ordinance authorizing chickens.

Sponsor testimony framed the bill as restoring municipal primacy: if a city adopts an ordinance allowing hens under certain conditions (limits on numbers, coop requirements, bans on roosters), the HOA should not be able to override that local law. Senator Hall and others said municipalities already regulate details such as limits, setbacks, and shelter requirements.

Opponents — including Community Associations Institute (CAI), Texas Community Association Advocates (TCAA), property managers and several county and HOA representatives — testified that the bill would strip associations of the ability to impose reasonable rules to protect neighbors and property values. Carlos Zepeda of TCAA said the bill “would open the doors to chickens being raised on small townhome patios and even on high‑rise balconies” and argued associations would lose tools to limit numbers, require coops, prohibit roosters or enforce cleanliness. He warned of noise, odor, disease spread and predator attraction.

CAI’s witness said HB 2013 conflicts with the private contracting principle and self‑governance of associations, because city councils represent all voters, not just property owners in a given HOA. The witness recommended adding limits — prohibitions on roosters, lot‑size limits, coop requirements or maximum numbers — if the Senate moves forward.

Supporters replied that the bill applies only inside municipalities that have adopted ordinances allowing hens, and that municipal rulemaking already provides practical guardrails. The committee took public testimony and left House Bill 2013 pending for further consideration.