By: Sparks, Flores, Perry S.B. No. 1035
(In the Senate - Filed January 31, 2025; February 24, 2025,
read first time and referred to Committee on Water, Agriculture and
Rural Affairs; March 31, 2025, reported favorably by the following
vote: Yeas 8, Nays 1; March 31, 2025, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to equitable relief from the enforcement of certain
governmental requirements that affect agricultural operations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 251, Agriculture Code, is amended by
adding Section 251.009 to read as follows:
Sec. 251.009. RIGHT OF ACTION. (a) If a political
subdivision enforces a governmental requirement in violation of
this chapter, a person aggrieved by the violation may bring an
action against the political subdivision to obtain declaratory or
injunctive relief to block the enforcement of the governmental
requirement.
(b) A person who prevails in an action under this section
may recover court costs and reasonable attorney's fees.
SECTION 2. Section 251.009, Agriculture Code, as added by
this Act, applies only to a cause of action that accrues on or after
the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.
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