3 | 5 | | |
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4 | 6 | | |
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5 | 7 | | A BILL TO BE ENTITLED |
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6 | 8 | | AN ACT |
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7 | 9 | | relating to equitable relief from the enforcement of certain |
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8 | 10 | | governmental requirements that affect agricultural operations. |
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9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 12 | | SECTION 1. Chapter 251, Agriculture Code, is amended by |
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11 | 13 | | adding Section 251.009 to read as follows: |
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12 | 14 | | Sec. 251.009. RIGHT OF ACTION. (a) If a political |
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13 | 15 | | subdivision enforces a governmental requirement in violation of |
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14 | 16 | | this chapter, a person aggrieved by the violation may bring an |
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15 | 17 | | action against the political subdivision to obtain declaratory or |
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16 | 18 | | injunctive relief to block the enforcement of the governmental |
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17 | 19 | | requirement. |
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18 | 20 | | (b) A person who prevails in an action under this section |
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19 | 21 | | may recover court costs and reasonable attorney's fees. |
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20 | 22 | | SECTION 2. Section 251.009, Agriculture Code, as added by |
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21 | 23 | | this Act, applies only to a cause of action that accrues on or after |
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22 | 24 | | the effective date of this Act. |
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23 | 25 | | SECTION 3. This Act takes effect immediately if it receives |
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24 | 26 | | a vote of two-thirds of all the members elected to each house, as |
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25 | 27 | | provided by Section 39, Article III, Texas Constitution. If this |
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26 | 28 | | Act does not receive the vote necessary for immediate effect, this |
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27 | 29 | | Act takes effect September 1, 2025. |
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