Texas House Bill HB1750

Texas 2023 - 88th Regular

• Filed: 1/26/23
• Out of House Committee: 3/22/23
• Voted on by House: 4/11/23
• Out of Senate Committee: 5/3/23
• Voted on by Senate: 5/15/23
• Governor Action: 6/2/23

Caption

Relating to the applicability of certain city requirements to agricultural operations.

Impact

The bill introduces provisions indicating that city regulations should not apply to agricultural operations located outside a city's corporate boundaries. Additionally, it establishes stricter criteria for city regulations that impact operations within city limits, emphasizing public health. Specifically, cities can only impose requirements if it is necessary to protect public safety from imminent dangers. This change is intended to support farmers in mitigating the risk posed by overreaching local laws while allowing farmers in urban areas to continue their contributions to local food security.

Summary

House Bill 1750 addresses the applicability of certain city requirements to agricultural operations in Texas, amending the existing right to farm regulations established in 1981. The bill aims to protect family farms from being adversely affected by new municipal regulations that arise as urban areas expand around them. By clarifying the relationship between agricultural operations and local governments, the bill seeks to prevent the imposition of overly restrictive city regulations that may impede agricultural practices.

Sentiment

The sentiment surrounding HB 1750 appears to be predominantly supportive from those in the agricultural community, who view it as essential for safeguarding their rights against encroaching urban regulations. Proponents argue that the bill will facilitate the preservation of farming traditions in Texas, which is vital for the state's economy and food supply. Conversely, some concern may arise from local entities regarding their ability to keep communities safe from potential agricultural hazards, indicating a tension between state and local governance.

Contention

Notable points of contention include the specification of 'imminent danger' concerning city regulations, where ambiguity may lead to differing interpretations. Some local governments fear that the new restrictions on their regulatory powers may prevent appropriate responses to public health concerns related to agricultural operations. The balancing act between enabling agricultural success and ensuring public safety is set to be a significant aspect of ongoing discussions around the bill's implementation.

Texas Constitutional Statutes Affected

Agriculture Code

• Chapter 251. Effect Of Nuisance Actions And Governmental Requirements On Certain Agricultural Operations
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  • Section: 0055
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  • Section: 0055
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