Legislative Blog

J.B. Williams, J.D.

4 bills that modify the Agriculture Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

HB 1750 - Applicability of city requirements to agricultural operations.

HB 1761 - Period for pesticide registration

HB 2308 - Nuisance actions against agricultural operations

HB 3257 - Confidentiality of some biosecurity and sensitive information shared with Texas Animal Health Commission

4 bills that modify the Agriculture Code

Published: 2024-09-04

HB 1750

Limiting cities in restricting agricultural operations

The term agricultural operation was modified to include growing vegetation for livestock forage, forage for wildlife management.

The rules regarding when the city requirements apply has been modified to only include if the government entity complies with Section 251.0055 of the Agriculture Code. There use to be a laundry list of items at this part of the code. It has now been moved to it's own section, I'm sure for clarity as it has been expanded.

A city must do the following to require an agricultural operation to comply with its rules.

1. show there is clear and convincing evidence that the purpose cannot be addressed through a less restrictive means, and that it is necessary to protect people who reside in the immediate vicinity or those on public property from imminent danger of:
   1. explosion;
   2. flooding;
   3. infestation of vermin or insects;
   4. physical injury;
   5. spread of identified contagious disease directly attributable to the agricultural operation;
   6. removal of lateral or subjacent support;
   7. identified source of water contamination;
   8. radiation;
   9. improper storage of toxic materials;
   10. crops planted or grown so as to cause traffic hazards;
   11. discharge of firearms or other weapons;
2. the governing body by resolution, based upon a report, that the requirement is necessary to protect public health; and
3. the requirement is not otherwise prohibited by the Agricultural code;

The report must be prepared by a city health officer or consultant that:

1. identifies the evidence of health hazards;
2. determines the necessity of regulation and the manner of the regulation;
3. states whether the regulation will restrict or prohibit a generally accepted agricultural practice;
4. it it restricts or prohibits a generally accepted agricutural practice, why it is recommended

A city may not prohibit the following:

1. use of generally accepted agricultural practice except as provided;
2. prohibits or restricts growing/harvesting of vegetation for animal feed, livestock forage, or forage for wildlife management, except as provided;
3. prohibits the use of pesticides or other measures to control vermin or disease-bearing insects as necessary;
4. require an agricultural operation be designated for use under the Texas Constitution;

The city may impose height restrictions if the maximum height is at least 12 inches and the requirement applies to only a portion that is no more than 10 foot from a property boundary that is adjacent to:

1. a public sidewalk, street, or highway; or
2. property that is owned by a person other than the owner of the ag operation and has a structure that is inhabited

Restraint of a dog does not apply to onw used and working to protect livestock on the property.

Texas A&M AgriLife Extension Service will develop a manual for generally accepted agricultural practices. It will indicate which of these to not pose a threat to public health.

HB 1761

When pesticides must be registered

A pesticide must continue to be registered until the sooner of either the second anniversary of the end of distribution of the pesticide or when no pesticide remains in the channels of trade of Texas. However is a pesticide is recalled, there is no requirement for continued registration.

HB 2308

Nuisance actions against agricultural operations

Since food security is deemed essential, the state of Texas is limiting the circumstances for when an agricultural operation may be legally threatened, subject to suit, regulated, or otherwise declared a nuisance.

A nuisance action or other action restraining an agricultural operation may not be brought more than 1 year after it has lawfully been in operation and has been substantially unchanged. If a case is filed, there must be clear and convincing evidence. This does not mean that a political subdivision or the state may not enforce state law. A substantial change would mean a material alteration to the operation or the type of production being used.

If the action is determined to be a nuisance action, the person bringing it is liable for all costs and expenses in defense, as well as other damages found by the trier of fact.

HB 3257

Confidentiality of some biosecurity and sensitive information shared with Texas Animal Health Commission

There are limited exceptions to the confidentiality of the information provided by the commission. This is true if the information consists of or is related to a biosecurity plan, secure food supply plan, emergency preparedness plan, or biosecurity data. The following are exceptions to the confidentiality:

1. for purpose of law enforcement, release of information to the attorney general's office;
2. for the purpose of animal health protection, release of information to the secretary of the US Department of Agriculture;
3. for the purpose of homeland security, release of information to the secretary of the Department of Homeland Security (while I understand this requirement, I personally think the Department of Homeland Security should be abolished);
4. for the purpose of protecting public health, release of information to the Department of State Health Services;
5. if required by court order;
6. for the purpose of management or response to natural/man-made disasters, release of information to federal, state, municipal, or county emergency authority;
7. if the executive director determines that livestock may be threatened by disease, agent, or pest; and releasing the information is related then the commission may release the information;

The release of information does not affect the confidentiality of the information. It is not an offense under the Government code. And it must not be a voluntary disclosure as defined in the Government Code, Section 552.007.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.