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