Texas 2023 - 88th Regular

Texas Senate Bill SB1421

Filed
3/1/23  
Out of Senate Committee
3/28/23  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the effect of nuisance actions, other actions, and governmental requirements on certain agricultural operations.

Impact

If enacted, SB1421 would modify how cities enforce laws relating to agricultural operations, effectively placing constraints on local governmental authority. For example, cities would be prevented from imposing restrictions on generally accepted agricultural practices unless there is a demonstrated and necessary public health concern. This would, in theory, provide a stronger legal footing for farmers and ranchers against local rules that might impede their operations. Agricultural operations that have been unaltered for over a year would also gain added protections from nuisance lawsuits, making it more difficult for individuals or entities to challenge established practices.

Summary

SB1421 aims to amend the Agriculture Code regarding the effects of nuisance actions and governmental requirements on agricultural operations in Texas. The bill's primary goal is to give farmers and agricultural operators more protection against city ordinances and regulatory measures that may disrupt farming activities. It sets out to define agricultural operations and outlines the circumstances under which nuisance lawsuits can be brought against farms, essentially trying to create a legal environment that supports agricultural practices amidst growing urban pressures.

Sentiment

The discussions surrounding SB1421 demonstrate a largely supportive sentiment from agricultural stakeholders. Organizations such as the Texas Farm Bureau have advocated for this bill, emphasizing that many city regulations are unjustifiably restrictive to normal farming practices. However, there are concerns raised by some groups, including the Farm and Ranch Freedom Alliance, about the potential for certain nuisance protections to be insufficient. These opposing views point to a divide between the agricultural community’s push for operational freedoms and the regulatory oversight that some advocate is necessary to protect public health and safety.

Contention

Notable points of contention include the balance between supporting agricultural operations and ensuring community health standards are upheld. Critics worry that the bill could undermine local authorities' ability to respond to legitimate public health threats posed by agricultural practices that may arise as urban areas expand. There is also ongoing debate about the adequacy of the proposed provisions in addressing potential environmental impacts linked to agricultural practices. Overall, SB1421 highlights the tension between facilitating agricultural success in Texas and protecting the interests of communities living near these operations.

Texas Constitutional Statutes Affected

Agriculture Code

  • Chapter 251. Effect Of Nuisance Actions And Governmental Requirements On Certain Agricultural Operations
    • Section: New Section
    • Section: 0055
    • Section: New Section
    • Section: 0055
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

TX HB1750

Relating to the applicability of certain city requirements to agricultural operations.

LA HB134

Provides relative to the regulation of fuel used in agricultural machinery and fishery equipment

TX HB2308

Relating to nuisance actions and other actions against agricultural operations.