No Texas statute sets a number of chickens you're allowed to keep. The Texas State Law Library's guidance is a starting point, not the full picture: "There is no state law regulating these types of animals. If you live within city limits, your city ordinances will determine whether or not you can have them on your property." Agriculture Code Chapter 251 does mention "poultry," though, which is the open question this post works through. The claim that state law guarantees six hens traces to bills that never passed, not to anything on the books. There is a real statute, §251.0055, and it does limit how cities can regulate "agricultural operations." But whether a backyard hobby flock counts as one is, according to Texas A&M AgriLife's agricultural-law specialist, a question no Texas court has answered yet — so your city's ordinance is what actually governs today.
If you've searched this question, you've likely seen a claim that Texas Agriculture Code §251.007 stops cities from banning six or fewer hens. It doesn't. §251.007 only directs the Texas A&M AgriLife Extension Service to write a manual of generally accepted agricultural practices — no bird count, no residential-lot language, no city prohibition.
The "six chickens" rule did exist, in bills that never became law. In 2017, Senate Bill 1620 proposed a new Agriculture Code section, verbatim:
"Sec. 251.007. SIX CHICKENS ALLOWED. (a) Notwithstanding any other law and except as provided by Subsection (b), a political subdivision may not impose a governmental requirement that prohibits an individual from raising or keeping six or fewer chickens in the boundaries of the political subdivision."
That bill passed the Texas Senate on April 5, 2017, then stalled — its last action was a committee report sent to House Calendars on May 21, 2017. In 2019, Senate Bill 86 proposed the same "SIX CHICKENS ALLOWED" section as filed, moved the rule to a different proposed section, then passed the Senate (April 16, 2019) and stalled the same way, with its last action a committee report sent to House Calendars on May 2, 2019.
Later sessions tried again, and none of these were enacted either:
| Session | Bill | Caption | Last action |
|---|---|---|---|
| 87R (2021) | HB 1686 | "Relating to the regulation of food production on single-family residential lots by a municipality or property owners' association." | "05/14/2021 S Referred to Local Government" |
| 88R (2023) | SB 326 | "Relating to the authority of a municipality or a property owners' association to regulate the raising or keeping of chickens." | "02/15/2023 S Referred to Local Government" |
| 88R (2023) | HB 1191 | "Relating to the authority of a municipality or county to regulate the raising or keeping of chickens." | "05/16/2023 S Referred to Local Government" |
| 89R (2025) | SB 141 | "Relating to the authority of a municipality or a property owners' association to regulate the raising or keeping of chickens." | "02/03/2025 S Referred to Local Government" |
| 89R (2025) | HB 2013 | "Relating to the authority of certain property owners' associations to prohibit or restrict the keeping of chickens." | "05/19/2025 S Left pending in committee" |
The section number the "six chickens" claim cites, §251.007, is real — it just belongs to the AgriLife-manual directive enacted in 2023, not to the chicken-count language that never passed.
Here's the enacted §251.007, in full:
"Sec. 251.007. GENERALLY ACCEPTED AGRICULTURAL PRACTICES. The Texas A&M AgriLife Extension Service shall develop a manual that identifies generally accepted agricultural practices and indicates which of those practices do not pose a threat to public health, including a threat to public health posed by a danger listed in Section 251.0055(a)(1)."
Compare that to the 2017 bill's proposed text above. One assigns a state extension service to write a manual. The other would have capped local chicken ordinances. They share a section number and nothing else.
The statute that does limit city power here, §251.0055 (as of the 2025 legislative sessions), sets no bird number either. It applies only to "agricultural operations" within city limits, and it bars a city from imposing a requirement on them unless, among other conditions, there is "clear and convincing evidence" of "imminent danger" from hazards such as explosion, flooding, or an infestation of vermin or insects, backed by a council resolution based on a health officer's or consultant's report. A 2025 addition, §251.009, also lets the owner or operator of an agricultural operation sue a city that enforces a requirement in violation of this chapter or Section 36, Article I of the Texas Constitution, and recover attorney's fees if they prevail.
All of that depends on one unanswered question: is a backyard flock an "agricultural operation" at all? The statute's definition, at §251.002(1)(H), lists "raising or keeping livestock or poultry, including veterinary services" with no size, income, or commercial qualifier — contrast a neighboring clause limited to "the commercial sale of animals." But the chapter's stated policy, in §251.001, frames itself around "agricultural land for the production of food and other agricultural products," and HB 1750's statement of intent describes "Farmers and ranchers who engage in an agricultural operation within city boundaries" as subject to "broad overregulation by city ordinances" — language that never mentions backyard, hobby, or residential flocks.
Texas A&M AgriLife's agricultural-law specialist addressed this exact question in a May 2026 post: "We do not know." She added that "There has not been a court that has answered this question yet. The answer will depend on how a court interprets the Right to Farm Statute definitions and the particular factual situation at issue," and that there has been "no reported appellate court case dealing with the application of this portion of the Texas Right to Farm statute."
So state law doesn't guarantee a set number of chickens, as some sites claim. What's still unresolved is whether §251.0055's limits on city rules reach backyard flocks at all.
Until that question is resolved, the rules that actually apply to you are your city's ordinance, your city's zoning code, and any HOA deed restrictions — in that order of what to check first.
You may also have seen a claim that Property Code §202.024 blocks HOAs from banning chickens. It doesn't: the current §202.024 is titled "DISCRIMINATION AGAINST TENANT BASED ON METHOD OF PAYMENT PROHIBITED" and governs how an association may treat a tenant's rental payment method. A separate claim that a 2025 bill (SB 711) added a Property Code §202.025 protecting six or fewer chickens from HOA bans also doesn't hold up: the enacted text of SB 711 contains zero occurrences of "chicken," and current Chapter 202 has no §202.025. That "six chickens" language appeared in SB 141, whose last action was referral to the Senate Local Government committee. A search of the Property Code's HOA chapters (202, 204, and 209) found no mention of "chicken," "poultry," or "fowl" at all — so there's no statewide rule we found limiting what your HOA can say about them. Check your deed restrictions separately from your city's code; see QSB's guide to HOA rules for sheds in Texas.
Cities get their authority to regulate chickens from general grants of power over zoning, nuisances, and public health — not from anything chicken-specific in state law. Whether §251.0055 limits that authority for your flock is exactly the open question above.
Here's what four Texas cities actually require, sourced directly from their codes.
Georgetown (as retrieved October 1, 2026). City code caps residential hens at eight: "No person may keep more than eight hens in residential zoning districts of the City." A coop must sit "at least 20 feet" from another person's residence (the code's own text omits "from": "located at least 20 feet of the private residence of another"), hens must stay in the owner's backyard, and the owner must give the Chief of Police or designee written notice of ownership and coop location. Roosters are prohibited, and coops must meet any standards or permit requirements in the Unified Development Code. Properties zoned Agricultural or Residential Estate are exempt.
Austin (as published 2026-05-28). Austin's animal code requires fowl to be kept in an enclosure with "four secure sides with overhead cover," located "at least 30 feet from an adjacent residence or business structure," or "at least 50 feet" if the fowl or enclosure "creates a health hazard." The enclosure can't exceed the height restriction that applies to a fence on the property. A search of Austin's animal code found no numeric cap on fowl and no rooster-specific rule, so we can't tell you Austin limits you to a specific bird count.
Liberty Hill (as codified in 2023). City code requires "100 square feet of land not occupied by inhabitable buildings for each fowl," and makes it "unlawful for any person to keep or have on his premises more than two (2) or one (1) litter of chickens, turkeys, ducks, geese, pigeons or other poultry or domestic fowl ... within one hundred feet (100') of any dwelling or public place" unless the city council has granted a specific use permit. The limit doesn't apply to undeveloped land over three acres within city limits. This text comes from the city's 2023 recodification ordinance; later amendments aren't reflected here, so confirm with the city before you build.
Lindale (as published 2025-07-15). Lindale's animal code sets no chicken-specific numeric limit. It's a real example of a city writing the Chapter 251 carve-out into its own code: the chapter "shall not be construed to apply to... An "agricultural operation" as defined by § 251.002 of the Agriculture Code." Zoning rules may still apply, so check with the city.
Once you know your city's rule, sizing is the easier part. QSB's chicken coops range from 6x10 up to 12x36, built on 4"x6" pressure-treated skids with 2"x4" pressure-treated floor joists, 5/8" BC plywood flooring, and 2"x4" wall framing 16" on center with 5' side walls, under a 40-year warranty metal roof. Every coop includes a fenced run area. For flocks under 5 chickens, QSB recommends its smallest coop — it gives your birds plenty of room to roam and is easy to manage.
What a coop can't do is tell you where to put it. Placement is site-specific: Austin's setback rule dictates where in your yard a coop goes, while its height rule limits how tall the enclosure can be. QSB's process includes "site prep guidance," but confirm your city's setback, permit, and bird-count rules before you pick a spot.
No. §251.007 only directs the Texas A&M AgriLife Extension Service to write a manual of generally accepted agricultural practices — it doesn't set a chicken number. The "six chickens" language appeared in bills that were never enacted.
According to Texas A&M AgriLife's agricultural-law specialist, no Texas court has ruled on whether a backyard flock counts as an "agricultural operation" under Chapter 251, so it's unconfirmed whether the city limits in §251.0055 apply to hobby flocks at all. Until a court or the legislature settles that question, your city's ordinance is the rule you'll actually be held to.
Possibly. A search of the Property Code's HOA-related chapters (202, 204, and 209) found no mention of "chicken," "poultry," or "fowl," so there's no statewide law we found that blocks an HOA from restricting or banning them in your deed restrictions. Check those restrictions separately from your city's code.
It depends on your city. Check with your city's permitting office before you build.