Texas Agriculture Code

§ 251.006 — AGRICULTURAL IMPROVEMENTS

AG § 251.006Title 8. PROTECTION AND PRESERVATION OF AGRICULTURAL OPERATIONS · Ch. 251. EFFECT OF NUISANCE ACTIONS AND GOVERNMENTAL REQUIREMENTS ON CERTAIN AGRICULTURAL OPERATIONS

Statute text

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(a)An owner, lessee, or occupant of agricultural land is not liable to the state, a governmental unit, or the owner, lessee, or occupant of other agricultural land for the construction or maintenance on the land of an agricultural improvement if the construction is not expressly prohibited by statute or a governmental requirement adopted in accordance with Section 251.005 in effect at the time the improvement is constructed. Such an improvement does not constitute a nuisance and is not otherwise subject to suit or injunction.

(b)This section does not prevent the enforcement of a state or federal statute.

(c)In this section:

(1)"Agricultural land" includes:

(A)any land the use of which qualifies the land for appraisal based on agricultural use as defined under Subchapter D, Chapter 23, Tax Code; and

(B)any other land on which agricultural operations exist or may take place.

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Legislative history

Acts 2023, 88th Leg., R.S., Ch. 135 (H.B. 2308), Sec. 3, eff. September 1, 2023.