While Texas is known as a rural area, there are also great urban areas around the state that are growing and expanding the more people move here. With the urban sprawl taking effect, it is vital to preserve one of Texas’ top industries: agriculture.
The Texas Legislature has passed the Right To Farm Bill which will protect agricultural practices that have been in operation for at least a year or more from nuisance lawsuits. The original state law was created in 1981 to protect generally accepted agricultural practices. However, the law has not been updated since then, and there are many laws passed by local governments and the state that the old legislation has not kept up with. House Bill 2308 is set to make clear Texan’s right to farm without being pushed out of business by a nuisance lawsuit.
According to House Bill 2308, “It is the policy of this state to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. It is the purpose of this chapter to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be regulated or considered to be a nuisance.”
House Bill 2308 makes clear that “A person who brings a nuisance action or other action to restrain an agricultural operation that is not prohibited by this section must establish each element of the action by clear and convincing evidence.”
This law protects agricultural operations that have been in practice for at least a year or more. The exception is that the operation is not violating federal, state, and local laws that are designed to protect the health and safety of citizens. The operation cannot block water passages, air, and sunlight. If the operation makes significant changes to their practice, they must wait a whole year before they are protected by the law.
“It’s a historic day for Texas and for Texas agriculture,” Texas Agricultural Commissioner Sid Miller stated. “The proposed constitutional amendment will now go before the voters on November 7th where I believe it will pass comfortably, but we take nothing for granted.”
Original article can be found here.
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