| 1 | 1 | | 88R12243 KBB-D |
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| 2 | 2 | | By: Cain H.B. No. 5161 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the applicability of certain municipal and county |
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| 8 | 8 | | regulations affecting agricultural operations. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 1, Agriculture Code, is amended by |
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| 11 | 11 | | adding Section 1.004 to read as follows: |
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| 12 | 12 | | Sec. 1.004. FIELD PREEMPTION. The provisions of this code |
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| 13 | 13 | | preclude municipalities or counties from adopting or enforcing an |
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| 14 | 14 | | ordinance, order, rule, or policy in a field occupied by a provision |
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| 15 | 15 | | of this code unless explicitly authorized by statute. A municipal |
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| 16 | 16 | | or county ordinance, order, rule, or policy that violates this |
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| 17 | 17 | | section is void and unenforceable. |
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| 18 | 18 | | SECTION 2. Section 251.005, Agriculture Code, is amended by |
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| 19 | 19 | | adding Subsection (c-3) to read as follows: |
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| 20 | 20 | | (c-3) A governmental requirement of a city relating to the |
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| 21 | 21 | | height or maintenance of vegetation does not apply to an |
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| 22 | 22 | | agricultural operation. |
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| 23 | 23 | | SECTION 3. This Act takes effect September 1, 2023. |
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