Relating to the authority of a municipality to regulate activities involving a horse-drawn carriage.
Summary
HB 5356 limits municipal authority to regulate activities involving horse-drawn carriages. The bill generally prohibits cities from adopting or enforcing ordinances or other measures that would prohibit or restrict a person from engaging in horse-drawn carriage activities, whether those activities are for business, educational, or entertainment purposes.
The bill creates several exceptions. It preserves local rules adopted before October 1, 2024, and allows municipalities to continue measures related to veterinary care, city inspections, enforcement of state animal cruelty laws, and temperature-based restrictions on when horse-drawn carriage activities may occur. The bill also provides for immediate effect if it receives the constitutionally required two-thirds vote in each chamber; otherwise, it takes effect September 1, 2025.
Impact
HB 5356 would amend the Texas Local Government Code by adding Section 229.902 to Chapter 229, Subchapter Z, preempting local ordinances that ban or limit horse-drawn carriage operations. In practice, the bill would reduce municipal regulatory discretion over carriage businesses and related activities, while preserving certain existing local regulations and specific animal welfare and safety-related controls. It would affect municipalities, horse-drawn carriage operators, and potentially animal welfare and public safety enforcement authorities.
Sentiment
The available legislative record shows the bill advancing through the process and being placed on the House General State Calendar, but no committee transcript or recorded vote information is provided here. Based on the bill’s structure, the measure appears to reflect support for protecting horse-drawn carriage operations from local bans or restrictions, while also acknowledging concerns about animal welfare and weather-related safety through its exceptions. Overall sentiment cannot be measured precisely from the provided materials, but the bill appears framed as a preemption measure with targeted carve-outs rather than a broad deregulatory proposal.
Contention
The main point of contention is likely the balance between municipal home-rule authority and statewide protection for horse-drawn carriage businesses. Supporters would favor preventing cities from banning or sharply limiting carriage activities, while opponents may argue that local governments should retain flexibility to address traffic, public safety, animal welfare, and neighborhood concerns. The exceptions for preexisting ordinances, veterinary and inspection measures, cruelty enforcement, and temperature limits suggest that animal welfare and safety were important issues in shaping the bill.
Relating to the regulation of certain transactions and activities involving the provision of veterinary services; authorizing civil penalties; creating criminal offenses.