SRC-SLL H.B. 2945 75(R)    BILL ANALYSIS


Senate Research CenterH.B. 2945
By: Kuempel (Armbrister)
Natural Resources
5-8-97
Engrossed


DIGEST 

Currently, the law does not provide regulations regarding the liability of
an owner, lessee, or occupant of agricultural land for certain
improvements.  This bill will provide that an owner, lessee, or occupant
of agricultural land is not liable to certain persons for certain
agricultural improvements. 

PURPOSE

As proposed, H.B. 2945 provides that an owner, lessee, or occupant of
agricultural land is not liable to certain persons for certain
agricultural improvements. 

RULEMAKING AUTHORITY

This bill does not 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
251.006, as follows: 

Sec.  251.006.  AGRICULTURAL IMPROVEMENTS.  Provides that an owner,
lessee, or occupant of agricultural land is not liable to certain persons
for the construction or maintenance on the land of an agricultural
improvement if the construction is not expressly prohibited by statute or
a governmental requirement in effect at the time the improvement is
constructed.  Provides that such an improvement does not constitute a
nuisance.  Provides that this section does not apply to an improvement
that obstructs the flow of water, light, or air to other land.  Provides
that this section does not prevent the enforcement of a statute or
governmental requirement to protect public health and safety.  Defines
"agricultural land" and "agricultural improvement."  

SECTION 2. Emergency clause.
  Effective date: upon passage.