Texas 2023 - 88th Regular

Texas House Bill HB1750 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1750
2	2
3	3
4	4	AN ACT
5	5	relating to the applicability of certain city requirements to
6	6	agricultural operations.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. The heading to Chapter 251, Agriculture Code, is
9	9	amended to read as follows:
10	10	CHAPTER 251. EFFECT OF NUISANCE ACTIONS AND GOVERNMENTAL
11	11	REQUIREMENTS ON CERTAIN [PREEXISTING] AGRICULTURAL OPERATIONS
12	12	SECTION 2. Sections 251.002(1) and (2), Agriculture Code,
13	13	are amended to read as follows:
14	14	(1) "Agricultural operation" includes the following
15	15	activities:
16	16	(A) cultivating the soil;
17	17	(B) producing crops or growing vegetation for
18	18	human food, animal feed, livestock forage, forage for wildlife
19	19	management, planting seed, or fiber;
20	20	(C) floriculture;
21	21	(D) viticulture;
22	22	(E) horticulture;
23	23	(F) silviculture;
24	24	(G) wildlife management;
25	25	(H) raising or keeping livestock or poultry,
26	26	including veterinary services; and
27	27	(I) planting cover crops or leaving land idle for
28	28	the purpose of participating in any governmental program or normal
29	29	crop or livestock rotation procedure.
30	30	(2) "Governmental requirement" includes any rule,
31	31	regulation, ordinance, zoning, license or permit requirement, or
32	32	other requirement or restriction enacted or promulgated by a
33	33	county, city, or other municipal corporation that has the power to
34	34	enact or promulgate the requirement or restriction.
35	35	SECTION 3. Section 251.005(c), Agriculture Code, is amended
36	36	to read as follows:
37	37	(c) A governmental requirement of a city:
38	38	(1) does not apply to any agricultural operation
39	39	located [situated] outside the corporate boundaries of the city;
40	40	and
41	41	(2) applies to an agricultural operation located in
42	42	the corporate boundaries of the city only if the governmental
43	43	requirement complies with Section 251.0055 [on the effective date
44	44	of this chapter. If an agricultural operation so situated is
45	45	subsequently annexed or otherwise brought within the corporate
46	46	boundaries of the city, the governmental requirements of the city
47	47	do not apply to the agricultural operation unless the requirement
48	48	is reasonably necessary to protect persons who reside in the
49	49	immediate vicinity or persons on public property in the immediate
50	50	vicinity of the agricultural operation from the danger of:
51	51	[(1) explosion, flooding, vermin, insects, physical
52	52	injury, contagious disease, removal of lateral or subjacent
53	53	support, contamination of water supplies, radiation, storage of
54	54	toxic materials, or traffic hazards; or
55	55	[(2) discharge of firearms or other weapons, subject
56	56	to the restrictions in Section 229.002, Local Government Code].
57	57	SECTION 4. Chapter 251, Agriculture Code, is amended by
58	58	adding Section 251.0055 to read as follows:
59	59	Sec. 251.0055. LIMITATIONS ON CITY GOVERNMENTAL
60	60	REQUIREMENTS APPLICABLE WITHIN CORPORATE BOUNDARIES. (a) A city
61	61	may not impose a governmental requirement that applies to
62	62	agricultural operations located in the corporate boundaries of the
63	63	city unless:
64	64	(1) there is clear and convincing evidence that the
65	65	purposes of the requirement cannot be addressed through less
66	66	restrictive means and that the requirement is necessary to protect
67	67	persons who reside in the immediate vicinity or persons on public
68	68	property in the immediate vicinity of the agricultural operation
69	69	from the imminent danger of:
70	70	(A) explosion;
71	71	(B) flooding;
72	72	(C) an infestation of vermin or insects;
73	73	(D) physical injury;
74	74	(E) the spread of an identified contagious
75	75	disease that is directly attributable to the agricultural
76	76	operation;
77	77	(F) the removal of lateral or subjacent support;
78	78	(G) an identified source of contamination of
79	79	water supplies;
80	80	(H) radiation;
81	81	(I) improper storage of toxic materials;
82	82	(J) crops planted or vegetation grown in a manner
83	83	that will cause traffic hazards; or
84	84	(K) discharge of firearms or other weapons,
85	85	subject to the restrictions in Section 229.002, Local Government
86	86	Code;
87	87	(2) the governing body of the city makes a finding by
88	88	resolution, based on a report described by Subsection (b), that the
89	89	requirement is necessary to protect public health; and
90	90	(3) the requirement is not otherwise prohibited by
91	91	this section.
92	92	(b) Before making a finding described by Subsection (a)(2),
93	93	the governing body of the city must obtain and review a report
94	94	prepared by the city health officer or a consultant that:
95	95	(1) identifies evidence of the health hazards related
96	96	to agricultural operations;
97	97	(2) determines the necessity of regulation and the
98	98	manner in which agricultural operation should be regulated;
99	99	(3) states whether each manner of regulation under
100	100	Subdivision (2) will restrict or prohibit a generally accepted
101	101	agricultural practice listed in the manual prepared under Section
102	102	251.007; and
103	103	(4) if applicable, includes an explanation why the
104	104	report recommends a manner of regulation that will restrict the use
105	105	of a generally accepted agricultural practice that the manual
106	106	indicates does not pose a threat to public health.
107	107	(c) A city may not impose a governmental requirement that
108	108	directly or indirectly:
109	109	(1) prohibits the use of a generally accepted
110	110	agricultural practice listed in the manual prepared under Section
111	111	251.007, except as provided by Subsections (a) and (b);
112	112	(2) prohibits or restricts the growing or harvesting
113	113	of vegetation for animal feed, livestock forage, or forage for
114	114	wildlife management, except as provided by Subsection (d);
115	115	(3) prohibits the use of pesticides or other measures
116	116	to control vermin or disease-bearing insects to the extent
117	117	necessary to prevent an infestation; or
118	118	(4) requires an agricultural operation be designated
119	119	for:
120	120	(A) agricultural use under Section 1-d, Article
121	121	VIII, Texas Constitution; or
122	122	(B) farm, ranch, wildlife management, or timber
123	123	production use under Section 1-d-1, Article VIII, Texas
124	124	Constitution.
125	125	(d) A city may impose a maximum height for vegetation that
126	126	applies to agricultural operations only if:
127	127	(1) the maximum vegetation height is at least 12
128	128	inches; and
129	129	(2) the requirement applies only to portions of an
130	130	agricultural operation located no more than 10 feet from a property
131	131	boundary that is adjacent to:
132	132	(A) a public sidewalk, street, or highway; or
133	133	(B) a property that:
134	134	(i) is owned by a person other than the
135	135	owner of the agricultural operation; and
136	136	(ii) has a structure that is inhabited.
137	137	(e) A governmental requirement of a city relating to the
138	138	restraint of a dog that would apply to an agricultural operation
139	139	does not apply to a dog used to protect livestock on property
140	140	controlled by the property owner while the dog is being used on such
141	141	property for that purpose.
142	142	(f) A city may require a person to provide a written
143	143	management plan that meets the specifications described by Section
144	144	23.521(c), Tax Code, to establish that activities constitute an
145	145	agricultural operation on the basis of being wildlife management
146	146	activities.
147	147	SECTION 5. Chapter 251, Agriculture Code, is amended by
148	148	adding Sections 251.007 and 251.008 to read as follows:
149	149	Sec. 251.007. GENERALLY ACCEPTED AGRICULTURAL PRACTICES.
150	150	The Texas A&M AgriLife Extension Service shall develop a manual
151	151	that identifies generally accepted agricultural practices and
152	152	indicates which of those practices do not pose a threat to public
153	153	health, including a threat to public health posed by a danger listed
154	154	in Section 251.0055(a)(1).
155	155	Sec. 251.008. CONFLICT WITH OTHER LAW. If there is a
156	156	conflict between this chapter and other law, this chapter prevails.
157	157	SECTION 6. Sections 251.005(c-1) and (c-2), Agriculture
158	158	Code, are repealed.
159	159	SECTION 7. As soon as practicable after the effective date
160	160	of this Act, the Texas A&M AgriLife Extension Service shall develop
161	161	the manual described by Section 251.007, Agriculture Code, as added
162	162	by this Act.
163	163	SECTION 8. Sections 251.002 and 251.005, Agriculture Code,
164	164	as amended by this Act, and Section 251.0055, Agriculture Code, as
165	165	added by this Act, apply to a governmental requirement adopted
166	166	before, on, or after the effective date of this Act.
167	167	SECTION 9. This Act takes effect September 1, 2023.
168	168	______________________________ ______________________________
169	169	President of the Senate Speaker of the House
170	170	I certify that H.B. No. 1750 was passed by the House on April
171	171	11, 2023, by the following vote: Yeas 143, Nays 3, 1 present, not
172	172	voting.
173	173	______________________________
174	174	Chief Clerk of the House
175	175	I certify that H.B. No. 1750 was passed by the Senate on May
176	176	15, 2023, by the following vote: Yeas 31, Nays 0.
177	177	______________________________
178	178	Secretary of the Senate
179	179	APPROVED: _____________________
180	180	Date
181	181	_____________________
182	182	Governor