By Kuempel H.B. No. 2945 75R8936 SRC-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to protection of agricultural improvements. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 251, Agriculture Code, is amended by 1-5 adding Section 251.006 to read as follows: 1-6 Sec. 251.006. AGRICULTURAL IMPROVEMENTS. (a) An owner, 1-7 lessee, or occupant of agricultural land is not liable to the 1-8 state, a governmental unit, or the owner, lessee, or occupant of 1-9 other agricultural land for the construction or maintenance on the 1-10 land of an agricultural improvement if the construction is not 1-11 expressly prohibited by statute or a governmental requirement in 1-12 effect at the time the improvement is constructed. Such an 1-13 improvement does not constitute a nuisance. 1-14 (b) This section does not apply to an improvement that 1-15 obstructs the flow of water, light, or air to other agricultural 1-16 land. This section does not prevent the enforcement of a statute 1-17 or governmental requirement to protect public health or safety. 1-18 (c) In this section: 1-19 (1) "Agricultural land" includes any land the use of 1-20 which qualifies the land for appraisal based on agricultural use 1-21 as defined under Subchapter D, Chapter 23, Tax Code. 1-22 (2) "Agricultural improvement" includes pens, barns, 1-23 fences, and other improvements designed for the sheltering, 1-24 restriction, or feeding of animal or aquatic life, for storage of 2-1 produce or feed, or for storage or maintenance of implements. 2-2 SECTION 2. The importance of this legislation and the 2-3 crowded condition of the calendars in both houses create an 2-4 emergency and an imperative public necessity that the 2-5 constitutional rule requiring bills to be read on three several 2-6 days in each house be suspended, and this rule is hereby suspended, 2-7 and that this Act take effect and be in force from and after its 2-8 passage, and it is so enacted.