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AN ACT
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relating to equitable relief from the enforcement of certain |
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governmental requirements that affect agricultural operations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 251, Agriculture Code, is amended by |
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adding Section 251.009 to read as follows: |
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Sec. 251.009. RIGHT OF ACTION. (a) In this section, |
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"person" means the owner, operator, or lessee of an agricultural |
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operation. |
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(b) If a political subdivision enforces a governmental |
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requirement in violation of this chapter or Section 36, Article I, |
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Texas Constitution, a person aggrieved by the violation may bring |
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an action against the political subdivision to obtain declaratory |
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and injunctive relief to block the enforcement of the governmental |
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requirement. |
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(c) A person who prevails in an action under this section |
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may seek and the court shall award court costs and reasonable |
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attorney's fees. |
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SECTION 2. Section 251.009, Agriculture Code, as added by |
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this Act, applies only to a cause of action that accrues on or after |
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the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1035 passed the Senate on |
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April 7, 2025, by the following vote: Yeas 28, Nays 1, one present |
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not voting; and that the Senate concurred in House amendments on |
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May 5, 2025, by the following vote: Yeas 29, Nays 2. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1035 passed the House, with |
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amendments, on April 30, 2025, by the following vote: Yeas 140, |
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Nays 2, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |