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 * * * * *