88R19817 KBB-D
By: Burns, Burrows, González of El Paso, H.J.R. No. 126
Ashby, Bernal, et al.
A JOINT RESOLUTION
proposing a constitutional amendment protecting the right to engage
in farming, ranching, timber production, horticulture, and
wildlife management.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article I, Texas Constitution, is amended by
adding Section 36 to read as follows:
Sec. 36. (a) The people have the right to engage in
generally accepted farm, ranch, timber production, horticulture,
or wildlife management practices on real property they own or
lease.
(b) This section does not affect the authority of the
legislature to authorize by general law the regulation of generally
accepted farm, ranch, timber production, horticulture, or wildlife
management practices by:
(1) a state agency or political subdivision when there
is clear and convincing evidence that the law or regulation is
necessary to protect the public health and safety from imminent
danger;
(2) a state agency to prevent a danger to animal health
or crop production; or
(3) a state agency or political subdivision to
preserve or conserve the natural resources of this state under
Section 59, Article XVI, of this constitution.
(c) This section does not affect the authority of the
legislature to authorize by general law the use or acquisition of
property for a public use, including the development of the natural
resources of this state under Section 59, Article XVI, of this
constitution.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 7, 2023.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment protecting the right to
engage in farming, ranching, timber production, horticulture, and
wildlife management."