Texas 2023 - 88th Regular

Texas Senate Bill SB1421 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Perry, et al. S.B. No. 1421
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the effect of nuisance actions, other actions, and
7	7	governmental requirements on certain agricultural operations.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Chapter 251, Agriculture Code, is
10	10	amended to read as follows:
11	11	CHAPTER 251. EFFECT OF NUISANCE ACTIONS, OTHER ACTIONS, AND
12	12	GOVERNMENTAL REQUIREMENTS ON CERTAIN [PREEXISTING] AGRICULTURAL
13	13	OPERATIONS
14	14	SECTION 2. Section 251.001, Agriculture Code, is amended to
15	15	read as follows:
16	16	Sec. 251.001. POLICY. Food security being essential, it
17	17	[It] is the policy of this state to conserve, protect, and encourage
18	18	the development and improvement of its agricultural land for the
19	19	production of food and other agricultural products. It is the
20	20	purpose of this chapter to reduce the loss to the state of its
21	21	agricultural resources by limiting the circumstances under which
22	22	agricultural operations may be legally threatened, subject to suit,
23	23	regulated, or otherwise declared [considered] to be a nuisance.
24	24	SECTION 3. Sections 251.002(1) and (2), Agriculture Code,
25	25	are amended to read as follows:
26	26	(1) "Agricultural operation" includes the following
27	27	activities:
28	28	(A) cultivating the soil;
29	29	(B) producing crops or growing vegetation for
30	30	human food, animal feed, including hay and other forages, planting
31	31	seed, or fiber;
32	32	(C) floriculture;
33	33	(D) viticulture;
34	34	(E) horticulture;
35	35	(F) silviculture;
36	36	(G) wildlife management;
37	37	(H) raising or keeping livestock or poultry,
38	38	including veterinary services; and
39	39	(I) planting cover crops or leaving land idle for
40	40	the purpose of participating in any governmental program or normal
41	41	crop or livestock rotation procedure.
42	42	(2) "Governmental requirement" includes any rule,
43	43	regulation, ordinance, zoning, license or permit requirement, or
44	44	other requirement or restriction enacted or promulgated by a
45	45	county, city, or other municipal corporation that has the power to
46	46	enact or promulgate the requirement or restriction.
47	47	SECTION 4. Sections 251.003 and 251.004, Agriculture Code,
48	48	are amended to read as follows:
49	49	Sec. 251.003. ESTABLISHED DATE OF OPERATION. For purposes
50	50	of this chapter, the established date of operation is the date on
51	51	which an agricultural operation commenced agricultural operations
52	52	[operation. If the physical facilities of the agricultural
53	53	operation are subsequently expanded, the established date of
54	54	operation for each expansion is a separate and independent
55	55	established date of operation established as of the date of
56	56	commencement of the expanded operation, and the commencement of
57	57	expanded operation does not divest the agricultural operation of a
58	58	previously established date of operation].
59	59	Sec. 251.004. NUISANCE OR OTHER ACTIONS. (a) No nuisance
60	60	action or other action to restrain an agricultural operation may be
61	61	brought against an agricultural operation that has lawfully been in
62	62	operation and substantially unchanged for one year or more prior to
63	63	the date on which the action is brought. A person who brings a
64	64	nuisance action or other action to restrain an agricultural
65	65	operation that is not prohibited by this section must establish
66	66	each element of the action by clear and convincing evidence[, if the
67	67	conditions or circumstances complained of as constituting the basis
68	68	for the nuisance action have existed substantially unchanged since
69	69	the established date of operation]. This subsection does not
70	70	restrict or impede the authority of this state to protect the public
71	71	health, safety, and welfare or [the authority of a municipality] to
72	72	enforce state law. For the purposes of this subsection, a
73	73	substantial change to an agricultural operation means a material
74	74	alteration to the operation of or type of production at an
75	75	agricultural operation that is substantially inconsistent with the
76	76	operational practices since the established date of operation.
77	77	(b) A person who brings a nuisance action or other action to
78	78	restrain an agricultural operation and seeks [for] damages or
79	79	injunctive relief against an agricultural operation that has
80	80	existed for one year or more prior to the date that the action is
81	81	instituted or who violates the provisions of Subsection (a) [of
82	82	this section] is liable to the agricultural operator for:
83	83	(1) all costs and expenses incurred in defense of the
84	84	action, including [but not limited to] attorney's fees, court
85	85	costs, travel, and other related incidental expenses incurred in
86	86	the defense; and
87	87	(2) any other damages found by the trier of fact.
88	88	(c) This section does not affect or defeat the right of any
89	89	person to recover for injuries or damages sustained because of an
90	90	agricultural operation or portion of an agricultural operation that
91	91	is conducted in violation of a federal, state, or local statute or
92	92	governmental requirement that applies to the agricultural
93	93	operation or portion of an agricultural operation.
94	94	SECTION 5. Section 251.005(c), Agriculture Code, is amended
95	95	to read as follows:
96	96	(c) A governmental requirement of a city:
97	97	(1) does not apply to any agricultural operation
98	98	located [situated] outside the corporate boundaries of the city;
99	99	and
100	100	(2) applies to an agricultural operation located in
101	101	the corporate boundaries of the city only if the governmental
102	102	requirement complies with Section 251.0055 [on the effective date
103	103	of this chapter. If an agricultural operation so situated is
104	104	subsequently annexed or otherwise brought within the corporate
105	105	boundaries of the city, the governmental requirements of the city
106	106	do not apply to the agricultural operation unless the requirement
107	107	is reasonably necessary to protect persons who reside in the
108	108	immediate vicinity or persons on public property in the immediate
109	109	vicinity of the agricultural operation from the danger of:
110	110	[(1) explosion, flooding, vermin, insects, physical
111	111	injury, contagious disease, removal of lateral or subjacent
112	112	support, contamination of water supplies, radiation, storage of
113	113	toxic materials, or traffic hazards; or
114	114	[(2) discharge of firearms or other weapons, subject
115	115	to the restrictions in Section 229.002, Local Government Code].
116	116	SECTION 6. Chapter 251, Agriculture Code, is amended by
117	117	adding Section 251.0055 to read as follows:
118	118	Sec. 251.0055. LIMITATIONS ON CITY GOVERNMENTAL
119	119	REQUIREMENTS APPLICABLE WITHIN CORPORATE BOUNDARIES. (a) A city
120	120	may not impose a governmental requirement that applies to
121	121	agricultural operations located in the corporate boundaries of the
122	122	city unless:
123	123	(1) there is evidence that the purposes of the
124	124	requirement cannot be addressed through less restrictive means and
125	125	the requirement is reasonably necessary to protect persons who
126	126	reside in the immediate vicinity or persons on public property in
127	127	the immediate vicinity of the agricultural operation from the
128	128	imminent danger of:
129	129	(A) explosion;
130	130	(B) flooding;
131	131	(C) an infestation of vermin or insects;
132	132	(D) physical injury;
133	133	(E) the significant spread of an identified
134	134	contagious disease that is directly attributable to the
135	135	agricultural operation;
136	136	(F) the removal of lateral or subjacent support;
137	137	(G) an identified source of contamination of
138	138	water supplies;
139	139	(H) radiation;
140	140	(I) improper storage of toxic materials;
141	141	(J) crops planted or vegetation grown in a manner
142	142	that will cause traffic hazards; or
143	143	(K) discharge of firearms or other weapons,
144	144	subject to the restrictions in Section 229.002, Local Government
145	145	Code;
146	146	(2) the governing body of the city makes a finding by
147	147	resolution, based on a report described by Subsection (b), that the
148	148	requirement is necessary to protect public health; and
149	149	(3) the requirement is not otherwise prohibited by
150	150	this section.
151	151	(b) Before making a finding described by Subsection (a)(2),
152	152	the governing body of the city must obtain and review a report
153	153	prepared by the city health officer or a consultant that:
154	154	(1) identifies evidence of the health hazards related
155	155	to agricultural operations;
156	156	(2) determines the necessity of regulation and the
157	157	manner in which agricultural operation should be regulated;
158	158	(3) states whether each manner of regulation under
159	159	Subdivision (2) will restrict or prohibit a generally accepted
160	160	agricultural practice listed in the manual prepared under Section
161	161	251.007; and
162	162	(4) if applicable, includes an explanation why the
163	163	report recommends a manner of regulation that will restrict or
164	164	prohibit the use of a generally accepted agricultural practice that
165	165	the manual indicates does not pose a threat to public health.
166	166	(c) A city may not impose a governmental requirement that
167	167	directly or indirectly:
168	168	(1) prohibits the use of a generally accepted
169	169	agricultural practice listed in the manual prepared under Section
170	170	251.007, except as provided by Subsections (a) and (b);
171	171	(2) prohibits or restricts the growing or harvesting
172	172	of vegetation for animal feed or forage, except as provided by
173	173	Subsection (d);
174	174	(3) prohibits the use of pesticides or other measures
175	175	to control vermin or disease-bearing insects to the extent
176	176	necessary to prevent an infestation; or
177	177	(4) requires an agricultural operation be designated
178	178	for:
179	179	(A) agricultural use under Section 1-d, Article
180	180	VIII, Texas Constitution; or
181	181	(B) farm, ranch, wildlife management, or timber
182	182	production use under Section 1-d-1, Article VIII, Texas
183	183	Constitution.
184	184	(d) A city may impose a maximum height for vegetation that
185	185	applies to agricultural operations only if:
186	186	(1) the maximum vegetation height is at least 12
187	187	inches; and
188	188	(2) the requirement applies only to portions of an
189	189	agricultural operation located no more than 10 feet from a property
190	190	boundary that is adjacent to a public sidewalk, street, or highway.
191	191	(e) A governmental requirement of a city relating to the
192	192	restraint of a dog that would apply to an agricultural operation
193	193	does not apply to a dog used to protect livestock on property
194	194	controlled by the property owner while the dog is being used on such
195	195	property for that purpose.
196	196	SECTION 7. Section 251.006, Agriculture Code, is amended to
197	197	read as follows:
198	198	Sec. 251.006. AGRICULTURAL IMPROVEMENTS. (a) An owner,
199	199	lessee, or occupant of agricultural land is not liable to the state,
200	200	a governmental unit, or the owner, lessee, or occupant of other
201	201	agricultural land for the construction or maintenance on the land
202	202	of an agricultural improvement if the construction is not expressly
203	203	prohibited by statute [or a governmental requirement] in effect at
204	204	the time the improvement is constructed. Such an improvement does
205	205	not constitute a nuisance and is not otherwise subject to suit or
206	206	injunction.
207	207	(b) [This section does not apply to an improvement that
208	208	obstructs the flow of water, light, or air to other land.] This
209	209	section does not prevent the enforcement of a state or federal
210	210	statute [or governmental requirement to protect public health or
211	211	safety].
212	212	(c) In this section:
213	213	(1) "Agricultural land" includes:
214	214	(A) any land the use of which qualifies the land
215	215	for appraisal based on agricultural use as defined under Subchapter
216	216	D, Chapter 23, Tax Code; and
217	217	(B) any other land on which agricultural
218	218	operations exist or may take place.
219	219	(2) "Agricultural improvement" includes pens, barns,
220	220	fences, arenas, and other improvements designed for:
221	221	(A) the sheltering, restriction, or feeding of
222	222	animal or aquatic life;
223	223	(B) [, for] storage of produce or feed;[,] or
224	224	(C) [for] storage or maintenance of:
225	225	(i) implements used for management
226	226	functions; or
227	227	(ii) equipment necessary to carry out
228	228	agricultural operations.
229	229	SECTION 8. Chapter 251, Agriculture Code, is amended by
230	230	adding Sections 251.007 and 251.008 to read as follows:
231	231	Sec. 251.007. GENERALLY ACCEPTED AGRICULTURAL PRACTICES.
232	232	The Texas A&M AgriLife Extension Service shall develop a manual
233	233	that identifies generally accepted agricultural practices and
234	234	indicates which of those practices do not pose a threat to public
235	235	health, including a threat to public health posed by a danger listed
236	236	in Section 251.0055(a)(1).
237	237	Sec. 251.008. CONFLICT WITH OTHER LAW. If there is a
238	238	conflict between this chapter and other law, this chapter prevails.
239	239	SECTION 9. Sections 251.005(c-1) and (c-2), Agriculture
240	240	Code, are repealed.
241	241	SECTION 10. As soon as practicable after the effective date
242	242	of this Act, the Texas A&M AgriLife Extension Service shall develop
243	243	the manual described by Section 251.007, Agriculture Code, as added
244	244	by this Act.
245	245	SECTION 11. Sections 251.002 and 251.005, Agriculture Code,
246	246	as amended by this Act, and Section 251.0055, Agriculture Code, as
247	247	added by this Act, apply to a governmental requirement adopted
248	248	before, on, or after the effective date of this Act.
249	249	SECTION 12. The changes in law made by this Act apply only
250	250	to a cause of action that accrues on or after the effective date of
251	251	this Act. A cause of action that accrued before the effective date
252	252	of this Act is governed by the law applicable to the cause of action
253	253	immediately before the effective date of this Act, and that law is
254	254	continued in effect for that purpose.
255	255	SECTION 13. This Act takes effect September 1, 2023.