Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 5356 is a bill aimed at limiting the regulatory authority of Texas municipalities over activities involving horse-drawn carriages. The bill establishes that, with certain exceptions, cities may not adopt or enforce ordinances, regulations, or other measures that prohibit or place limits on such activities. This restriction applies regardless of whether the horse-drawn carriage activity is conducted for business, educational, or entertainment purposes.

The bill includes several key exceptions to this general prohibition. First, it permits the enforcement of any relevant ordinance or regulation that was adopted prior to October 1, 2024. Additionally, it allows municipal measures that pertain to the provision of veterinary care, city inspections, or the enforcement of state animal cruelty laws. It also makes room for local regulations that govern the temperature conditions under which horse-drawn carriage activities can occur, likely to ensure animal welfare in extreme weather conditions.

By inserting Section 229.902 into Subchapter Z, Chapter 229 of the Texas Local Government Code, the legislation creates a uniform standard across municipalities, limiting the ability of local governments to impose bans or significant restrictions on a longstanding form of transport and tourism. The bill is framed as a protective measure for individual rights and traditional business practices, ensuring that cities cannot enact sweeping prohibitions that would otherwise disrupt this sector of local economies.

The originally filed version of HB 5356 was a brief, one-paragraph statute that broadly prohibited any Texas municipality from adopting or enforcing ordinances or regulations that "prohibit or limit a person from engaging in an activity involving a horse-drawn carriage," regardless of whether the activity was for business, educational, or entertainment purposes. This version included no exceptions and created a blanket preemption of local control over these activities.

By contrast, the Committee Substitute introduces a more nuanced approach. While it retains the general prohibition on municipal regulation of horse-drawn carriage activities, it carves out key exceptions. These include allowances for (1) regulations enacted before October 1, 2024, (2) ordinances related to veterinary care, municipal inspections, and enforcement of state animal cruelty laws, and (3) measures that set maximum or minimum temperature thresholds for operating horse-drawn carriages.

These changes reflect a compromise: the Committee Substitute preserves the original intent to preempt broad local bans on horse-drawn carriages but tempers that preemption by preserving reasonable safeguards related to animal welfare and municipal oversight already in place. In essence, the substitute version shifts from a rigid statewide mandate to a more flexible framework that respects both local governance and the protection of traditional carriage-based businesses.

Author

John Lujan

Contact the Author

Rep. John Lujan

Capitol Phone:

(512) 463-0714

Capitol Office:

EXT E2.822

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), HB 5356 is not expected to have any fiscal impact on the state of Texas. The bill's provisions, which restrict municipal authority to regulate horse-drawn carriage activities—with some exceptions—do not require the creation of any new state programs, enforcement mechanisms, or funding obligations. As a result, the state budget remains unaffected by the bill’s implementation.

For local governments, the fiscal note indicates that no significant fiscal impact is anticipated. Although the bill may require some municipalities to halt enforcement of existing or proposed ordinances regulating horse-drawn carriages, any associated administrative or legal costs are considered minimal. Local governments may retain some regulatory capacity in specific areas such as veterinary care, animal cruelty enforcement, inspections, and temperature-based safety standards, which may already be in place and not require new spending.

In summary, the legislation is fiscally neutral at both the state and local levels, ensuring that any changes to regulatory authority occur without substantial financial consequences. This positions HB 5356 as a policy-driven bill focused on preempting local bans rather than one with budgetary implications.

Vote Recommendation Notes

HB 5356 responds directly to the City of San Antonio's 2024 decision to phase out its horse-drawn carriage industry by 2030, a move that threatens the livelihoods of existing carriage operators and could create a precedent for broader bans on other animal-related industries such as rodeos, livestock shows, and animal-based agritourism. By prohibiting municipalities from banning or restricting horse-drawn carriage activities, the bill protects longstanding cultural, tourism, and business traditions in Texas cities.

From a fiscal perspective, the bill has no anticipated cost to the state and imposes no significant fiscal burden on local governments. It also does not create any new criminal offenses or rulemaking authority, preserving the state's limited governance framework while preventing unnecessary municipal overreach.

Importantly, the Committee Substitute version of the bill addresses potential concerns about public health and animal welfare by introducing exceptions for ordinances related to veterinary care, inspections, animal cruelty law enforcement, and temperature restrictions. These changes demonstrate a thoughtful balance between safeguarding individual and commercial freedoms and allowing municipalities to maintain essential protections for animals and public safety.

Given these factors, HB 5356 represents a principled and practical approach to preserving traditional business practices and resisting expanding local government restrictions without compromising on public or animal welfare. It is consistent with liberty-centered governance and as such, Texas Policy Research recommends that lawmakers vote YES on HB 5356.

Individual Liberty: The bill affirms Texans’ right to engage in lawful, traditional activities—like operating or riding in horse-drawn carriages—without undue interference from city governments. It ensures people can make personal and cultural choices without having those options taken away by local bans.
Personal Responsibility: By allowing carriage rides to continue, the bill trusts individuals and business owners to make responsible decisions about how they interact with horses and customers, provided they still follow state animal welfare laws. It avoids a "nanny state" approach and instead encourages voluntary compliance and ethical conduct.
Free Enterprise: The bill directly supports small business owners who operate horse-drawn carriage services, particularly in cities like San Antonio. By preventing municipalities from shutting down these businesses through blanket bans, it protects market access and economic opportunity for traditional, often family-owned enterprises.
Private Property Rights: While the bill doesn’t directly alter property laws, it supports the idea that business owners should be able to use their property—horses, carriages, and facilities—for lawful commerce without arbitrary municipal restrictions. This indirectly reinforces the right to use private property for economic gain.
Limited Government: At its core, the bill is about drawing a clear boundary around local government power. It prevents municipalities from overstepping by enacting sweeping bans on an activity that has existed for over a century. At the same time, it respects legitimate local interests by allowing targeted rules for animal care and safety.

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