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