1-1     By:  Kuempel (Senate Sponsor - Armbrister)            H.B. No. 2945

 1-2           (In the Senate - Received from the House May 2, 1997;

 1-3     May 5, 1997, read first time and referred to Committee on Natural

 1-4     Resources; May 9, 1997, reported favorably by the following vote:

 1-5     Yeas 7, Nays 2; May 9, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to protection of agricultural improvements.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Chapter 251, Agriculture Code, is amended by

1-11     adding Section 251.006 to read as follows:

1-12           Sec. 251.006.  AGRICULTURAL IMPROVEMENTS.  (a)  An owner,

1-13     lessee, or occupant of agricultural land is not liable to the

1-14     state, a governmental unit, or the owner, lessee, or occupant of

1-15     other agricultural land for  the construction or maintenance on the

1-16     land of an agricultural improvement if the construction is not

1-17     expressly prohibited by statute or a governmental requirement in

1-18     effect at the time the improvement is constructed.  Such an

1-19     improvement does not constitute a nuisance.

1-20           (b)  This section does not apply to an improvement that

1-21     obstructs the flow of water, light, or air to other land.  This

1-22     section does not prevent the enforcement of a statute or

1-23     governmental requirement to protect public health or safety.

1-24           (c)  In this section:

1-25                 (1)  "Agricultural land" includes any land the use of

1-26     which qualifies the land for appraisal based on  agricultural use

1-27     as defined under Subchapter D, Chapter 23, Tax Code.

1-28                 (2)  "Agricultural improvement" includes pens, barns,

1-29     fences, and other improvements designed for the sheltering,

1-30     restriction, or feeding of animal or aquatic life,  for storage of

1-31     produce or feed, or for storage or maintenance of implements.

1-32           SECTION 2.  The importance of this legislation and the

1-33     crowded condition of the calendars in both houses create an

1-34     emergency and an imperative public necessity that the

1-35     constitutional rule requiring bills to be read on three several

1-36     days in each house be suspended, and this rule is hereby suspended,

1-37     and that this Act take effect and be in force from and after its

1-38     passage, and it is so enacted.

1-39                                  * * * * *