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.