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A BILL TO BE ENTITLED
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AN ACT
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relating to nuisance actions and other actions against agricultural |
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operations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.001, Agriculture Code, is amended to |
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read as follows: |
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Sec. 251.001. POLICY. Food security being essential, it |
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[It] is the policy of this state to conserve, protect, and encourage |
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the development and improvement of its agricultural land for the |
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production of food and other agricultural products. It is the |
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purpose of this chapter to reduce the loss to the state of its |
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agricultural resources by limiting the circumstances under which |
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agricultural operations may be legally threatened, subject to suit, |
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regulated, or otherwise declared [considered] to be a nuisance. |
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SECTION 2. Section 251.002(1), Agriculture Code, is amended |
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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 for human food, animal feed |
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including hay and other forages, 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, |
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including veterinary services; 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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SECTION 3. Sections 251.003, 251.004, and 251.006, |
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Agriculture Code, are amended to read as follows: |
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Sec. 251.003. ESTABLISHED DATE OF OPERATION. For purposes |
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of this chapter, the established date of operation is the date on |
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which an agricultural operation commenced agricultural operations |
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[operation. If the physical facilities of the agricultural |
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operation are subsequently expanded, the established date of |
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operation for each expansion is a separate and independent |
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established date of operation established as of the date of |
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commencement of the expanded operation, and the commencement of |
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expanded operation does not divest the agricultural operation of a |
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previously established date of operation]. |
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Sec. 251.004. NUISANCE OR OTHER ACTIONS. (a) No nuisance |
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action or other action to restrain an agricultural operation may be |
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brought against an agricultural operation that has lawfully been in |
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operation and substantially unchanged for one year or more prior to |
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the date on which the action is brought. A person who brings a |
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nuisance action or other action to restrain an agricultural |
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operation that is not prohibited by this section must establish |
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each element of the action by clear and convincing evidence [, if |
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the conditions or circumstances complained of as constituting the |
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basis for the nuisance action have existed substantially unchanged |
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since the established date of operation]. This subsection does not |
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restrict or impede the authority of this state or a political |
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subdivision to [protect the public health, safety, and welfare or |
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the authority of a municipality to] enforce state law, including an |
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enforcement action by the Texas Commission on Environmental |
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Quality. For the purposes of this subsection, a substantial change |
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to an agricultural operation means a material alteration to the |
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operation of or type of production at an agricultural operation |
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that is substantially inconsistent with the operational practices |
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since the established date of operation. |
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(b) A person who brings a nuisance action or other action to |
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restrain an agricultural operation and seeks [for] damages or |
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injunctive relief against an agricultural operation that has |
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existed for one year or more prior to the date that the action is |
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instituted or who violates the provisions of Subsection (a) [of |
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this section] is liable to the agricultural operator for: |
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(1) all costs and expenses incurred in defense of the |
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action, including [but not limited to] attorney's fees, court |
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costs, travel, and other related incidental expenses incurred in |
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the defense; and |
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(2) any other damages found by the trier of fact. |
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(c) This section does not affect or defeat the right of any |
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person to recover for injuries or damages sustained because of an |
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agricultural operation or portion of an agricultural operation that |
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is conducted in violation of a federal, state, or local statute or |
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governmental requirement that applies to the agricultural |
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operation or portion of an agricultural operation. |
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Sec. 251.006. AGRICULTURAL IMPROVEMENTS. (a) An owner, |
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lessee, or occupant of agricultural land is not liable to the state, |
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a governmental unit, or the owner, lessee, or occupant of other |
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agricultural land for the construction or maintenance on the land |
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of an agricultural improvement if the construction is not expressly |
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prohibited by statute or a governmental requirement adopted in |
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accordance with Section 251.005 in effect at the time the |
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improvement is constructed. Such an improvement does not |
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constitute a nuisance and is not otherwise subject to suit or |
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injunction. |
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(b) [This section does not apply to an improvement that |
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obstructs the flow of water, light, or air to other land.] This |
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section does not prevent the enforcement of a state or federal |
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statute [or governmental requirement to protect public health or |
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safety]. |
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(c) In this section: |
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(1) "Agricultural land" includes: |
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(A) any land the use of which qualifies the land |
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for appraisal based on agricultural use as defined under Subchapter |
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D, Chapter 23, Tax Code; and |
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(B) any other land on which agricultural |
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operations exist or may take place. |
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(2) "Agricultural improvement" includes pens, barns, |
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fences, arenas, and other improvements designed for: |
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(A) the sheltering, restriction, or feeding of |
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animal or aquatic life; |
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(B) [, for] storage of produce or feed; [,] or |
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(C) [for] storage or maintenance of: |
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(i) implements used for management |
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functions; or |
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(ii) equipment necessary to carry out |
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agricultural operations. |
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SECTION 4. 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. CONFLICT WITH OTHER STATUTES. If there is a |
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conflict between this chapter and other law, this chapter prevails. |
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SECTION 5. The changes in law made by this Act apply only to |
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a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrued before the effective date |
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of this Act is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2023. |