BILL ANALYSIS Senate Research Center S.B. 1035 89R4596 MP-D By: Sparks; Perry Water, Agriculture and Rural Affairs 3/27/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In 2023, H.B. 1750 (Perry) was introduced to amend state law to preserve the right to farm and ranch in Texas and to provide stronger protections against municipal overreach. Almost one year after voters in Texas overwhelmingly supported the constitutional amendment protecting the right to farm, farmers and ranchers continue to report issues with municipalities infringing on their ability to carry out agricultural practices. S.B. 1035 amends Chapter 251 of the Agriculture Code with the addition of Section 251.009 that allows for farmers and ranchers to initiate legal action by obtaining declaratory or injunctive relief against the political subdivision that enforces a governmental requirement in violation of this chapter. Furthermore, this bill also allows a person who prevails in an action to recover court costs and reasonable attorney's fees. As proposed, S.B. 1035 amends current law relating to equitable relief from the enforcement of certain governmental requirements that affect agricultural operations. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 251, Agriculture Code, by adding Section 251.009, as follows: Sec. 251.009. RIGHT OF ACTION. (a) Provides that, if a political subdivision enforces the governmental requirement in violation of Chapter 251 (Effect of Nuisance Actions and Governmental Requirements on Certain Agricultural Operations), a person aggrieved by the violation is authorized to bring an action against the political subdivision to obtain declaratory or injunctive relief to block the enforcement of the governmental requirement. (b) Authorizes a person who prevails in an action under this section to recover court costs and reasonable attorney's fees. SECTION 2. Makes application of Section 251.009, Agriculture Code, as added by this Act, prospective. SECTION 3. Effective date: upon passage or September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1035
89R4596 MP-D By: Sparks; Perry
Water, Agriculture and Rural Affairs
3/27/2025
As Filed
Senate Research Center
S.B. 1035
89R4596 MP-D
By: Sparks; Perry
Water, Agriculture and Rural Affairs
3/27/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In 2023, H.B. 1750 (Perry) was introduced to amend state law to preserve the right to farm and ranch in Texas and to provide stronger protections against municipal overreach. Almost one year after voters in Texas overwhelmingly supported the constitutional amendment protecting the right to farm, farmers and ranchers continue to report issues with municipalities infringing on their ability to carry out agricultural practices. S.B. 1035 amends Chapter 251 of the Agriculture Code with the addition of Section 251.009 that allows for farmers and ranchers to initiate legal action by obtaining declaratory or injunctive relief against the political subdivision that enforces a governmental requirement in violation of this chapter. Furthermore, this bill also allows a person who prevails in an action to recover court costs and reasonable attorney's fees.
As proposed, S.B. 1035 amends current law relating to equitable relief from the enforcement of certain governmental requirements that affect agricultural operations.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 251, Agriculture Code, by adding Section 251.009, as follows:
Sec. 251.009. RIGHT OF ACTION. (a) Provides that, if a political subdivision enforces the governmental requirement in violation of Chapter 251 (Effect of Nuisance Actions and Governmental Requirements on Certain Agricultural Operations), a person aggrieved by the violation is authorized to bring an action against the political subdivision to obtain declaratory or injunctive relief to block the enforcement of the governmental requirement.
(b) Authorizes a person who prevails in an action under this section to recover court costs and reasonable attorney's fees.
SECTION 2. Makes application of Section 251.009, Agriculture Code, as added by this Act, prospective.
SECTION 3. Effective date: upon passage or September 1, 2025.