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.