88R5819 MLH-F
 
  By: Hefner H.B. No. 3006
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the treatment for ad valorem tax purposes of land and
  equipment used for hydroponic farming.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.161, Tax Code, is amended by adding
  Subsection (c) to read as follows:
         (c)  For purposes of Subsection (a), farm or ranch products
  may be produced by hydroponic farming.
         SECTION 2.  Section 23.42(d)(1), Tax Code, is amended to
  read as follows:
               (1)  "Agriculture" means the use of land to produce
  plant or animal products, including fish or poultry products, under
  natural conditions, including hydroponic farming, but does not
  include the processing of plant or animal products after harvesting
  or the production of timber or forest products.
         SECTION 3.  Section 23.51(2), Tax Code, is amended to read as
  follows:
               (2)  "Agricultural use" includes but is not limited to
  the following activities: cultivating the soil, producing crops
  for human food, animal feed, or planting seed or for the production
  of fibers; floriculture, viticulture, and horticulture; raising or
  keeping livestock; raising or keeping exotic animals for the
  production of human food or of fiber, leather, pelts, or other
  tangible products having a commercial value; planting cover crops
  or leaving land idle for the purpose of participating in a
  governmental program, provided the land is not used for residential
  purposes or a purpose inconsistent with agricultural use; and
  planting cover crops or leaving land idle in conjunction with
  normal crop or livestock rotation procedure.  The term also
  includes the use of land to produce or harvest logs and posts for
  the use in constructing or repairing fences, pens, barns, or other
  agricultural improvements on adjacent qualified open-space land
  having the same owner and devoted to a different agricultural use.  
  The term also includes the use of land for wildlife management.  The
  term also includes the use of land to raise or keep bees for
  pollination or for the production of human food or other tangible
  products having a commercial value, provided that the land used is
  not less than 5 or more than 20 acres. The term also includes the
  use of land for hydroponic farming.
         SECTION 4.  This Act applies only to ad valorem taxes imposed
  for an ad valorem tax year that begins on or after the effective
  date of this Act.
         SECTION 5.  This Act takes effect January 1, 2024.