2023 Legislation - Homemade Texas

2023 Texas Legislation

Bill Number	Author	Caption	Summary	Stage	Additional Notes
HB 92	Landgraf, Brooks	Relating to the authority of a municipality, county, or property owners' association to prohibit or regulate certain activities on residence homestead property.	Self-reliance bill: allows chickens, rabbits, windmills, underground shelters, cottage food operations, generators, and more, but only on a property with a homestead exemption.	Dead	Could be improved by applying to all, not just properties with a homestead exemption.
HB 95	Goodwin, Vicki	Relating to food labeling by a cottage food production operation.	Removes the home address from cottage food labels, replacing it with phone number and zip code.	Dead	No suggestions for improvement.
HB 176	Goodwin, Vicki	Relating to the definition of a cottage food production operation.	Completely removes the annual income limitation on cottage food production operations.	Dead	No suggestions for improvement.
HB 276	Cortez, Phillip	Relating to the regulation by a municipality or property owners' association of food production on single-family residential lots.	As filed, identical to last session's Home Food Security that passed the House 143-1. Allows 6 hens, 6 rabbits, front or side yard gardens, and prohibits HOAs from prohibiting cottage food operations.	Dead	No suggestions for improvement.
HB 1191	Cain, Briscoe	Relating to the regulation of raising or keeping six or fewer chickens by a political subdivision or property owners' association.	Allows six backyard hens, but only applies to HOAs formed after the bill goes into effect.	Dead	A bill that does not apply to existing HOAs will be of limited value to most people.
HB 2971	Hefner, Cole	Relating to the delivery of cottage food by mail.	Allows shipping and internet sales of cottage foods. Identical to SB 1247 by Hughes.	Dead	No suggestions for improvement.
HJR 9	Landgraf, Brooks	Proposing a constitutional amendment relating to the right of a property owner to conduct activities necessary to secure basic human needs.	Amends the Texas Constitution, adding: "An individual in this state has the right to conduct activities on the individual's homestead property to secure access to food, water, electric power, and shelter, subject to laws protecting public health and safety.	Dead	Could be improved by applying to all properties, not just those with a homestead exemption.
SB 326	Hall, Bob	Relating to the authority of a municipality or a property owner's association to regulate the raising or keeping of chickens.	Allows six backyard hens, but only applies to HOAs formed after the bill goes into effect. Very similar to HB 1191 by Cain.	Dead	A bill that does not apply to existing HOAs will be of limited value to most people.
SB 328	Hall, Bob	Relating to the repeal of a prohibition on cottage food production operations selling foods at wholesale.	Completely repeals the prohibition on cottage food producers selling through a third party, or wholesale.	Dead	No suggestions for improvement.
SB 329	Hall, Bob	Relating to the definition of a cottage food production operation.	Completely removes the annual income limitation on cottage food production operations, identical to HB 176 by Goodwin.	Dead	No suggestions for improvement.
SB 331	Hall, Bob	Relating to food labeling by a cottage food production operation.	Removes the home address from cottage food labels, replacing it with phone number and zip code. Identical to HB 95 by Goodwin.	Dead	No suggestions for improvement.
SB 829	Kolkhorst, Lois	Relating to cottage food production operations.	Broad cottage food reform bill. 1. Allows the director or officer of a nonprofit organization to produce cottage foods (this was in question previously). 2. Increases the income cap to $100,000 per year. 3. Allows resale/wholesale through a "cottage food vendor" at a farmers market, farm stand, food service establishment, or retail food store. A "cottage food vendor" is someone the cottage food producer has a contractual relationship with. This vendor must display in a prominent location near the location where the cottage food is offered for sale a sign that discloses the food was produced in a home kitchen and may contain allergens. 4. Makes the home address on cottage food labels optional, replaced with the name, city, and zip code of the producer, plus at least one of the following AFTER you accept payment for the food: phone number, email address, or mailing address. 5. Explicitly says local governments may not require licenses or permits in order to sell cottage foods, and says they can't employ or "continue to employ" a person who knowingly requires or attempts to require a cottage food producer to obtain a license or permit in violation of this section. 6. Allows the sale of baked goods that require refrigeration like cheesecake, cream pies, custard pies, flan, and pumpkin pie.	Died on the House Calendar 8 bills away from being voted on. 5/23/2023	Great bill that will be of tremendous benefit to cottage food producers if it passes. Suggest adjusting the $100,000 limit annually for inflation. Suggest removing location restrictions on sales for cottage food vendors.
SB 1247	Hughes, Bryan	Relating to the delivery of cottage food by mail.	Allows shipping and internet sales of cottage foods. Identical to HB 2971 by Hefner.	Dead	No suggestions for improvement.