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Tex. Agriculture Code § 251.005

This is the official text of Tex. Agriculture Code § 251.005, part of Texas’s Agriculture Code — regulates farming, livestock, and agricultural commerce.

Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.

§ 251.005. EFFECT OF GOVERNMENTAL REQUIREMENTS.

Official statutory text

(a) For purposes of this section, the effective date of a governmental requirement is the date on which the requirement requires or attempts to require compliance as to the geographic area encompassed by the agricultural operation. The recodification of a municipal ordinance does not change the original effective date to the extent of the original requirements.

(b) A governmental requirement of a political subdivision of the state other than a city:

(1) applies to an agricultural operation with an established date of operation subsequent to the effective date of the requirement;

(2) does not apply to an agricultural operation with an established date of operation prior to the effective date of the requirement; and

(3) applies to an agricultural operation if the governmental requirement was in effect and was applicable to the operation prior to the effective date of this chapter.

(c) A governmental requirement of a city:

(1) does not apply to any agricultural operation located outside the corporate boundaries of the city; and

(2) applies to an agricultural operation located in the corporate boundaries of the city only if the governmental requirement complies with Section 251.0055.

(c-1) Repealed by Acts 2023, 88th Leg., R.S., Ch. 319 (H.B. 1750), Sec. 6, eff. September 1, 2023.

(c-2) Repealed by Acts 2023, 88th Leg., R.S., Ch. 319 (H.B. 1750), Sec. 6, eff. September 1, 2023.

(d) This section shall be construed to maintain, to the limited degree set forth in this section, the authority of a political subdivision under prior law over nonconforming uses but may not be construed to expand that authority.

(e) A governmental requirement of a political subdivision of the state does not apply to conduct described by Section 42.09(f), Penal Code, on an agricultural operation.

Status: repealed · Read it on the official government site

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