| 1 | | - | By: Sparks, et al. S.B. No. 1035 |
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| 1 | + | By: Sparks, Flores, Perry S.B. No. 1035 |
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| 2 | + | (In the Senate - Filed January 31, 2025; February 24, 2025, |
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| 3 | + | read first time and referred to Committee on Water, Agriculture and |
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| 4 | + | Rural Affairs; March 31, 2025, reported favorably by the following |
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| 5 | + | vote: Yeas 8, Nays 1; March 31, 2025, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 7 | | |
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| 5 | 8 | | |
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| 6 | 9 | | A BILL TO BE ENTITLED |
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| 7 | 10 | | AN ACT |
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| 8 | 11 | | relating to equitable relief from the enforcement of certain |
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| 9 | 12 | | governmental requirements that affect agricultural operations. |
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| 10 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 14 | | SECTION 1. Chapter 251, Agriculture Code, is amended by |
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| 12 | 15 | | adding Section 251.009 to read as follows: |
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| 13 | 16 | | Sec. 251.009. RIGHT OF ACTION. (a) If a political |
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| 14 | 17 | | subdivision enforces a governmental requirement in violation of |
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| 15 | 18 | | this chapter, a person aggrieved by the violation may bring an |
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| 16 | 19 | | action against the political subdivision to obtain declaratory or |
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| 17 | 20 | | injunctive relief to block the enforcement of the governmental |
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| 18 | 21 | | requirement. |
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| 19 | 22 | | (b) A person who prevails in an action under this section |
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| 20 | 23 | | may recover court costs and reasonable attorney's fees. |
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| 21 | 24 | | SECTION 2. Section 251.009, Agriculture Code, as added by |
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| 22 | 25 | | this Act, applies only to a cause of action that accrues on or after |
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| 23 | 26 | | the effective date of this Act. |
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| 24 | 27 | | SECTION 3. This Act takes effect immediately if it receives |
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| 25 | 28 | | a vote of two-thirds of all the members elected to each house, as |
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| 26 | 29 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 27 | 30 | | Act does not receive the vote necessary for immediate effect, this |
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| 28 | 31 | | Act takes effect September 1, 2025. |
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