DME H.B. 2945 75(R)BILL ANALYSIS AGRICULTURE & LIVESTOCK H.B. 2945 By: Kuempel 4-15-97 Committee Report (Unamended) BACKGROUND The rights of private property owners to make agricultural improvements are sometimes diminished as governments and other entities attempt to enforce certain restrictions. Some say legislation is necessary to ensure the right of agricultural landowners to make improvements, such as pens, equipment sheds and fences on their property if the improvements do not interfere with the flow of water, light or air to other agricultural land. PURPOSE This legislation would allow agricultural landowners, lessees, or occupants to construct agricultural improvements under certain conditions without liability to other landowners. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 251, Agriculture Code, by adding Section 251.006 to protect the owner, lessee or occupant of agricultural land from liability for the construction or maintenance of an agricultural improvement if: -the construction is not prohibited by statute or governmental requirement, and -the improvement does not obstruct the flow of water, air or light to other agricultural land. This section does not prevent enforcement of public health or safety requirements. Defines "agricultural land" and "agricultural improvement" for purposes of this section. SECTION 2. Emergency clause. Effective upon passage.