2023 Texas Statutes › Agriculture Code › Title 8 - Protection and Preservation of Agricultural Operations › Chapter 251 - Effect of Nuisance Actions and Governmental Requirements on Certain Agricultural Operations › Section 251.0055. Limitations on City Governmental Requirements Applicable Within Corporate Boundaries

Sec. 251.0055.  LIMITATIONS ON CITY GOVERNMENTAL REQUIREMENTS APPLICABLE WITHIN CORPORATE BOUNDARIES.  (a) A city may not impose a governmental requirement that applies to agricultural operations located in the corporate boundaries of the city unless:
(1)  there is clear and convincing evidence that the purposes of the requirement cannot be addressed through less restrictive means and that the requirement is necessary to protect persons who reside in the immediate vicinity or persons on public property in the immediate vicinity of the agricultural operation from the imminent danger of:
(A)  explosion;
(B)  flooding;
(C)  an infestation of vermin or insects;
(D)  physical injury;
(E)  the spread of an identified contagious disease that is directly attributable to the agricultural operation;
(F)  the removal of lateral or subjacent support;
(G)  an identified source of contamination of water supplies;
(H)  radiation;
(I)  improper storage of toxic materials;
(J)  crops planted or vegetation grown in a manner that will cause traffic hazards; or
(K)  discharge of firearms or other weapons, subject to the restrictions in Section 229.002, Local Government Code;
(2)  the governing body of the city makes a finding by resolution, based on a report described by Subsection (b), that the requirement is necessary to protect public health; and
(3)  the requirement is not otherwise prohibited by this section.
(b)  Before making a finding described by Subsection (a)(2), the governing body of the city must obtain and review a report prepared by the city health officer or a consultant that:
(1)  identifies evidence of the health hazards related to agricultural operations;
(2)  determines the necessity of regulation and the manner in which agricultural operation should be regulated;
(3)  states whether each manner of regulation under Subdivision (2) will restrict or prohibit a generally accepted agricultural practice listed in the manual prepared under Section 251.007; and
(4)  if applicable, includes an explanation why the report recommends a manner of regulation that will restrict the use of a generally accepted agricultural practice that the manual indicates does not pose a threat to public health.
(c)  A city may not impose a governmental requirement that directly or indirectly:
(1)  prohibits the use of a generally accepted agricultural practice listed in the manual prepared under Section 251.007, except as provided by Subsections (a) and (b);
(2)  prohibits or restricts the growing or harvesting of vegetation for animal feed, livestock forage, or forage for wildlife management, except as provided by Subsection (d);
(3)  prohibits the use of pesticides or other measures to control vermin or disease-bearing insects to the extent necessary to prevent an infestation; or
(4)  requires an agricultural operation be designated for:
(A)  agricultural use under Section 1-d, Article VIII, Texas Constitution; or
(B)  farm, ranch, wildlife management, or timber production use under Section 1-d-1, Article VIII, Texas Constitution.
(d)  A city may impose a maximum height for vegetation that applies to agricultural operations only if:
(1)  the maximum vegetation height is at least 12 inches; and
(2)  the requirement applies only to portions of an agricultural operation located no more than 10 feet from a property boundary that is adjacent to:
(A)  a public sidewalk, street, or highway; or
(B)  a property that:
(i)  is owned by a person other than the owner of the agricultural operation; and
(ii)  has a structure that is inhabited.
(e)  A governmental requirement of a city relating to the restraint of a dog that would apply to an agricultural operation does not apply to a dog used to protect livestock on property controlled by the property owner while the dog is being used on such property for that purpose.
(f)  A city may require a person to provide a written management plan that meets the specifications described by Section 23.521(c), Tax Code, to establish that activities constitute an agricultural operation on the basis of being wildlife management activities.
Added by Acts 2023, 88th Leg., R.S., Ch. 319 (H.B. 1750), Sec. 4, eff. September 1, 2023.