Bill > SB1035

This bill adds a new section to the Texas Agriculture Code that provides legal protections for agricultural operators against potentially overreaching local government regulations. Specifically, the bill allows owners, operators, or lessees of agricultural operations to bring a legal action against a political subdivision if they believe the subdivision is enforcing a governmental requirement that violates state law or the Texas Constitution. If such a person successfully brings a lawsuit, the court must award them court costs and reasonable attorney's fees. The law defines a "person" as the owner, operator, or lessee of an agricultural operation and provides them with the right to seek declaratory and injunctive relief to block the enforcement of the disputed governmental requirement. The new legal provision will only apply to causes of action that accrue on or after the bill's effective date, which is either immediately upon receiving a two-thirds vote in the legislature or September 1, 2025, if that threshold is not met. This bill appears designed to protect agricultural businesses from what might be perceived as excessive or inappropriate local regulatory actions.

Agriculture and Natural Resources

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB1035