Updates on Local Food Bills in the 2023 Legislative Session: January 18, 2023
FARFA is working hard to pass several bills to reduce unnecessary burdens on small farmers and
ranchers, and increase consumer access to healthy locally raised foods.
We have more in-depth discussion on our priorities here, and below is the latest news on where each
one stands.
Several of the bills have been filed already, and the others are bring officially drafted by their sponsors.
Cottage foods: Two bills have already been filed. HB 176/ SB 329 would eliminate the $50,000 cap on
sales by cottage food operators (CFOs). HB 95/ SB 331 would replace the requirement that CFOs put
their home address on their labels with a requirement to put their zip code and telephone number,
maintaining the transparency and accountability of the transactions while addressing safety concerns.
Another bill is being drafted that would also include provisions to allow indirect sales (through co-ops,
small grocers, etc) and to stop the abuses by local health departments that are requiring CFOs to pay for
permits they don’t actually need.
Home Food Security: Last session, The Home Food Security bill passed the House but died in the
Senate. The bill protects people who want to have a few chickens or rabbits in their backyard, or
gardens in either their back or front yards, from bans or unreasonable restrictions by the cities or
homeowners associations (HOAs). Representative Cortez has re-filed the bill as HB 276! Two related
bills have also been filed. HB 92 is both broader and narrower: It applies only to homestead residences
(thus excluding renters); but it adds several things to the list of protected activities: solar and wind-
powered energy devices, underground shelters, rainwater harvesting systems, and standby electric
generators, some of which are already protected under existing laws. HB 1191/ SB 326 address only the
issue of backyard chickens, preventing local ordinances or the adoption of any future bans by HOAs,
while allowing existing HOA bans to remain in place. FARFA supports all the bills, but believes that HB
276 provides the greatest protections for individuals’ rights while still addressing legitimate concerns.
Meat Processing: A bill to allow farmers and consumers to use custom-exempt slaughterhouses more
easily is in drafting.
Ungraded Eggs: A bill to allow farmers to sell ungraded eggs to restaurants and retailers is also in
drafting. This would eliminate the burdensome and expensive permit requirements that currently
apply.
Both the meat processing and the ungraded eggs bills already have sponsors.
Fair Taxes for Small Farmers: This bill would set up a process for small farmers to get the same property
tax benefits that large farmers get. It has been officially drafted, and we are talking with several offices
trying to find a sponsor.
Healthy Soils: We continue to prioritize funding to support farmers, ranchers, and other landowners to
use methods that build healthy soils. This may not need to be addressed in the Legislature this session,
however, since the Texas State Soil & Water Conservation Board is part of a recent USDA grant. We are
working with the Board to identify the best approach.
Water and eminent domain: We are monitoring the bills that are being filed and talking with allies
about which bills to support and which bills to kill. The bill filing deadline is March 9, and we know that
many more bills are in the works than have been filed yet. So stay tuned!