SB1035

The original and Senate-passed bill allowed declaratory or injunctive relief for a chapter 251 violation and said a prevailing person “may recover” costs and fees. The House committee substitute changed “or” to “and.” Representative Spiller’s sole indexed floor amendment, adopted April 29, defined the eligible plaintiff as an owner, operator or lessee, added constitutional violations, and changed the fee language to “may seek and the court shall award.” The Senate concurred May 5; all these changes survive in the enrolled text. Text versions; Amendment index; Spiller amendment; Final law.

The law adds an enforcement remedy; it does not newly exempt every farm activity from regulation. Chapter 251 already defined agricultural operations and governmental requirements and limited local regulation, with different rules for cities and other subdivisions. It also preserved specified state-law enforcement and injury claims involving unlawful operations. The constitutional right covers generally accepted farm, ranch, timber, horticultural and wildlife-management practices on land a person owns or leases, while preserving legislative authority for specified public-safety, animal-health, crop-protection, natural-resource and public-use measures. Agriculture Code 251.002 (pre-act); Agriculture Code 251.004 (pre-act); Agriculture Code 251.005 (pre-act); Agriculture Code 251.0055 (pre-act); Texas Constitution, Article I, section 36.

Compare the published text versions in the official text index. A change is not attributed to a specific amendment here without a verified record.

Eligible agricultural owners, operators and tenants can ask a court to stop enforcement that violates the existing statutory or constitutional protections, with a required award of reasonable fees and court costs if they prevail and seek them. Political subdivisions may face defense expenses and an adverse fee award; the outcome still depends on the facts and governing protections and exceptions. Neighbors and communities do not lose every health, safety or environmental protection through this act. Final law; Agriculture Code 251.004 (pre-act); Agriculture Code 251.0055 (pre-act); Texas Constitution, Article I, section 36.

The March 27, April 25 and May 1 fiscal notes anticipate no significant state or local fiscal implication and assume costs can be absorbed with existing resources. The May 1 House-passed note is also posted under the enrolled listing. Those estimates are not a promise of zero litigation expense or an estimate of a particular plaintiff’s recovery. Introduced note; House-substitute note; House-passed note; Note under enrolled listing.