By: Burns, Bell of Kaufman, H.B. No. 1750
      Harris of Anderson, Metcalf, Burrows,
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the applicability of certain city requirements to
  agricultural operations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 251, Agriculture Code, is
  amended to read as follows:
  CHAPTER 251.  EFFECT OF NUISANCE ACTIONS AND GOVERNMENTAL
  REQUIREMENTS ON CERTAIN [PREEXISTING] AGRICULTURAL OPERATIONS
         SECTION 2.  Sections 251.002(1) and (2), Agriculture Code,
  are amended to read as follows:
               (1)  "Agricultural operation" includes the following
  activities:
                     (A)  cultivating the soil;
                     (B)  producing crops or growing vegetation for
  human food, animal feed, livestock forage, forage for wildlife
  management, planting seed, or fiber;
                     (C)  floriculture;
                     (D)  viticulture;
                     (E)  horticulture;
                     (F)  silviculture;
                     (G)  wildlife management;
                     (H)  raising or keeping livestock or poultry,
  including veterinary services; and
                     (I)  planting cover crops or leaving land idle for
  the purpose of participating in any governmental program or normal
  crop or livestock rotation procedure.
               (2)  "Governmental requirement" includes any rule,
  regulation, ordinance, zoning, license or permit requirement, or
  other requirement or restriction enacted or promulgated by a
  county, city, or other municipal corporation that has the power to
  enact or promulgate the requirement or restriction.
         SECTION 3.  Section 251.005(c), Agriculture Code, is amended
  to read as follows:
         (c)  A governmental requirement of a city:
               (1)  does not apply to any agricultural operation
  located [situated] outside the corporate boundaries of the city;
  and
               (2)  applies to an agricultural operation located in
  the corporate boundaries of the city only if the governmental
  requirement complies with Section 251.0055 [on the effective date
  of this chapter.  If an agricultural operation so situated is
  subsequently annexed or otherwise brought within the corporate
  boundaries of the city, the governmental requirements of the city
  do not apply to the agricultural operation unless the requirement
  is reasonably necessary to protect persons who reside in the
  immediate vicinity or persons on public property in the immediate
  vicinity of the agricultural operation from the danger of:
               [(1)  explosion, flooding, vermin, insects, physical
  injury, contagious disease, removal of lateral or subjacent
  support, contamination of water supplies, radiation, storage of
  toxic materials, or traffic hazards; or
               [(2)  discharge of firearms or other weapons, subject
  to the restrictions in Section 229.002, Local Government Code].
         SECTION 4.  Chapter 251, Agriculture Code, is amended by
  adding Section 251.0055 to read as follows:
         Sec. 251.0055.  LIMITATIONS ON CITY GOVERNMENTAL
  REQUIREMENTS APPLICABLE WITHIN CORPORATE BOUNDARIES. (a) A city
  may not impose a governmental requirement that applies to
  agricultural operations located in the corporate boundaries of the
  city unless:
               (1)  there is clear and convincing evidence that the
  purposes of the requirement cannot be addressed through less
  restrictive means and that the requirement is necessary to protect
  persons who reside in the immediate vicinity or persons on public
  property in the immediate vicinity of the agricultural operation
  from the imminent danger of:
                     (A)  explosion;
                     (B)  flooding;
                     (C)  an infestation of vermin or insects;
                     (D)  physical injury;
                     (E)  the spread of an identified contagious
  disease that is directly attributable to the agricultural
  operation;
                     (F)  the removal of lateral or subjacent support;
                     (G)  an identified source of contamination of
  water supplies;
                     (H)  radiation;
                     (I)  improper storage of toxic materials;
                     (J)  crops planted or vegetation grown in a manner
  that will cause traffic hazards; or
                     (K)  discharge of firearms or other weapons,
  subject to the restrictions in Section 229.002, Local Government
  Code;
               (2)  the governing body of the city makes a finding by
  resolution, based on a report described by Subsection (b), that the
  requirement is necessary to protect public health; and
               (3)  the requirement is not otherwise prohibited by
  this section.
         (b)  Before making a finding described by Subsection (a)(2),
  the governing body of the city must obtain and review a report
  prepared by the city health officer or a consultant that:
               (1)  identifies evidence of the health hazards related
  to agricultural operations;
               (2)  determines the necessity of regulation and the
  manner in which agricultural operation should be regulated;
               (3)  states whether each manner of regulation under
  Subdivision (2) will restrict or prohibit a generally accepted
  agricultural practice listed in the manual prepared under Section
  251.007; and
               (4)  if applicable, includes an explanation why the
  report recommends a manner of regulation that will restrict the use
  of a generally accepted agricultural practice that the manual
  indicates does not pose a threat to public health.
         (c)  A city may not impose a governmental requirement that
  directly or indirectly:
               (1)  prohibits the use of a generally accepted
  agricultural practice listed in the manual prepared under Section
  251.007, except as provided by Subsections (a) and (b);
               (2)  prohibits or restricts the growing or harvesting
  of vegetation for animal feed, livestock forage, or forage for
  wildlife management, except as provided by Subsection (d);
               (3)  prohibits the use of pesticides or other measures
  to control vermin or disease-bearing insects to the extent
  necessary to prevent an infestation; or
               (4)  requires an agricultural operation be designated
  for:
                     (A)  agricultural use under Section 1-d, Article
  VIII, Texas Constitution; or
                     (B)  farm, ranch, wildlife management, or timber
  production use under Section 1-d-1, Article VIII, Texas
  Constitution.
         (d)  A city may impose a maximum height for vegetation that
  applies to agricultural operations only if:
               (1)  the maximum vegetation height is at least 12
  inches; and
               (2)  the requirement applies only to portions of an
  agricultural operation located no more than 10 feet from a property
  boundary that is adjacent to:
                     (A)  a public sidewalk, street, or highway; or
                     (B)  a property that:
                           (i)  is owned by a person other than the
  owner of the agricultural operation; and
                           (ii)  has a structure that is inhabited.
         (e)  A governmental requirement of a city relating to the
  restraint of a dog that would apply to an agricultural operation
  does not apply to a dog used to protect livestock on property
  controlled by the property owner while the dog is being used on such
  property for that purpose.
         (f)  A city may require a person to provide a written
  management plan that meets the specifications described by Section
  23.521(c), Tax Code, to establish that activities constitute an
  agricultural operation on the basis of being wildlife management
  activities.
         SECTION 5.  Chapter 251, Agriculture Code, is amended by
  adding Sections 251.007 and 251.008 to read as follows:
         Sec. 251.007.  GENERALLY ACCEPTED AGRICULTURAL PRACTICES.
  The Texas A&M AgriLife Extension Service shall develop a manual
  that identifies generally accepted agricultural practices and
  indicates which of those practices do not pose a threat to public
  health, including a threat to public health posed by a danger listed
  in Section 251.0055(a)(1).
         Sec. 251.008.  CONFLICT WITH OTHER LAW. If there is a
  conflict between this chapter and other law, this chapter prevails.
         SECTION 6.  Sections 251.005(c-1) and (c-2), Agriculture
  Code, are repealed.
         SECTION 7.  As soon as practicable after the effective date
  of this Act, the Texas A&M AgriLife Extension Service shall develop
  the manual described by Section 251.007, Agriculture Code, as added
  by this Act.
         SECTION 8.  Sections 251.002 and 251.005, Agriculture Code,
  as amended by this Act, and Section 251.0055, Agriculture Code, as
  added by this Act, apply to a governmental requirement adopted
  before, on, or after the effective date of this Act.
         SECTION 9.  This Act takes effect September 1, 2023.