| 1 | | - | H.J.R. No. 126 |
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| 1 | + | By: Burns, et al. (Senate Sponsor - Perry) H.J.R. No. 126 |
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| 2 | + | (In the Senate - Received from the House April 11, 2023; |
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| 3 | + | April 20, 2023, read first time and referred to Committee on Water, |
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| 4 | + | Agriculture & Rural Affairs; May 2, 2023, reported favorably by the |
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| 5 | + | following vote: Yeas 8, Nays 0; May 2, 2023, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 5 | 21 | | proposing a constitutional amendment protecting the right to engage |
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| 6 | 22 | | in farming, ranching, timber production, horticulture, and |
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| 7 | 23 | | wildlife management. |
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| 8 | 24 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 25 | | SECTION 1. Article I, Texas Constitution, is amended by |
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| 10 | 26 | | adding Section 36 to read as follows: |
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| 11 | 27 | | Sec. 36. (a) The people have the right to engage in |
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| 12 | 28 | | generally accepted farm, ranch, timber production, horticulture, |
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| 13 | 29 | | or wildlife management practices on real property they own or |
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| 14 | 30 | | lease. |
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| 15 | 31 | | (b) This section does not affect the authority of the |
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| 16 | 32 | | legislature to authorize by general law the regulation of generally |
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| 17 | 33 | | accepted farm, ranch, timber production, horticulture, or wildlife |
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| 18 | 34 | | management practices by: |
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| 19 | 35 | | (1) a state agency or political subdivision when there |
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| 20 | 36 | | is clear and convincing evidence that the law or regulation is |
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| 21 | 37 | | necessary to protect the public health and safety from imminent |
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| 22 | 38 | | danger; |
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| 23 | 39 | | (2) a state agency to prevent a danger to animal health |
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| 24 | 40 | | or crop production; or |
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| 25 | 41 | | (3) a state agency or political subdivision to |
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| 26 | 42 | | preserve or conserve the natural resources of this state under |
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| 27 | 43 | | Section 59, Article XVI, of this constitution. |
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| 28 | 44 | | (c) This section does not affect the authority of the |
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| 29 | 45 | | legislature to authorize by general law the use or acquisition of |
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| 30 | 46 | | property for a public use, including the development of the natural |
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| 31 | 47 | | resources of this state under Section 59, Article XVI, of this |
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| 32 | 48 | | constitution. |
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| 33 | 49 | | SECTION 2. This proposed constitutional amendment shall be |
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| 34 | 50 | | submitted to the voters at an election to be held November 7, 2023. |
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| 35 | 51 | | The ballot shall be printed to provide for voting for or against the |
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| 36 | 52 | | proposition: "The constitutional amendment protecting the right to |
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| 37 | 53 | | engage in farming, ranching, timber production, horticulture, and |
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| 38 | 54 | | wildlife management." |
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| 39 | | - | ______________________________ ______________________________ |
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| 40 | | - | President of the Senate Speaker of the House |
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| 41 | | - | I certify that H.J.R. No. 126 was passed by the House on April |
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| 42 | | - | 10, 2023, by the following vote: Yeas 144, Nays 0, 1 present, not |
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| 43 | | - | voting. |
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| 44 | | - | ______________________________ |
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| 45 | | - | Chief Clerk of the House |
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| 46 | | - | I certify that H.J.R. No. 126 was passed by the Senate on May |
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| 47 | | - | 4, 2023, by the following vote: Yeas 31, Nays 0. |
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| 48 | | - | ______________________________ |
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| 49 | | - | Secretary of the Senate |
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| 50 | | - | RECEIVED: _____________________ |
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| 51 | | - | Date |
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| 52 | | - | _____________________ |
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| 53 | | - | Secretary of State |
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| 55 | + | * * * * * |
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