Tex. Agric. Code Section 251.005
Effect of Governmental Requirements

Mentioned in

Right-To-Farm: Typical Provisions

National Agricultural Law Center, August 21, 2023

“All fifty states have enacted right-to-farm laws… The primary aim of this compilation is to provide the researcher with a way to recognize and distinguish specific provisions…”
 
Bibliographic info

(a)

For purposes of this section, the effective date of a governmental requirement is the date on which the requirement requires or attempts to require compliance as to the geographic area encompassed by the agricultural operation. The recodification of a municipal ordinance does not change the original effective date to the extent of the original requirements.

(b)

A governmental requirement of a political subdivision of the state other than a city:

(1)

applies to an agricultural operation with an established date of operation subsequent to the effective date of the requirement;

(2)

does not apply to an agricultural operation with an established date of operation prior to the effective date of the requirement; and

(3)

applies to an agricultural operation if the governmental requirement was in effect and was applicable to the operation prior to the effective date of this chapter.

(c)

A governmental requirement of a city:

(1)

does not apply to any agricultural operation located 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 (Limitations on City Governmental Requirements Applicable Within Corporate Boundaries).

(c-1)

Repealed by Acts 2023, 88th Leg., R.S., Ch. 319 (H.B. 1750), Sec. 6, eff. September 1, 2023.

(c-2)

Repealed by Acts 2023, 88th Leg., R.S., Ch. 319 (H.B. 1750), Sec. 6, eff. September 1, 2023.

(d)

This section shall be construed to maintain, to the limited degree set forth in this section, the authority of a political subdivision under prior law over nonconforming uses but may not be construed to expand that authority.

(e)

A governmental requirement of a political subdivision of the state does not apply to conduct described by Section 42.09 (Cruelty to Livestock Animals)(f), Penal Code, on an agricultural operation.
Added by Acts 1981, 67th Leg., p. 2595, ch. 693, Sec. 21, eff. Aug. 31, 1981. Amended by Acts 1995, 74th Leg., ch. 450, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 18 (S.B. 734), Sec. 2, eff. May 3, 2005.
Acts 2009, 81st Leg., R.S., Ch. 88 (H.B. 205), Sec. 1, eff. May 23, 2009.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 9.22, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 319 (H.B. 1750), Sec. 3, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 319 (H.B. 1750), Sec. 6, eff. September 1, 2023.

Source: Section 251.005 — Effect of Governmental Requirements, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­251.­htm#251.­005 (accessed Apr. 29, 2024).

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Accessed:
Apr. 29, 2024

§ 251.005’s source at texas​.gov