TITLE 8.  PROTECTION AND PRESERVATION OF AGRICULTURAL OPERATIONS
   CHAPTER 251.  EFFECT OF NUISANCE ACTIONS AND GOVERNMENTAL
                          REQUIREMENTS
             ON PREEXISTING AGRICULTURAL OPERATIONS
                                
                     Sec. 251.001.  Policy.
                                
    It is the policy of this state to conserve, protect, and
 encourage the development and improvement of its agricultural
land for the production of food and other agricultural products. 
It is the purpose of this chapter to reduce the loss to the state
of its agricultural resources by limiting the circumstances under
which agricultural operations may be regulated or considered to
                         be a nuisance.
                                
Added by Acts 1981, 67th Leg., p. 2595, ch. 693, Sec. 21, eff.
Aug. 31, 1981.

Sec. 251.002.  Definitions.

         In this chapter:

                       (1) "Agricultural operation" includes but is not limited to
         the following activities:  cultivating the soil; producing
         crops for human food, animal feed, planting seed, or fiber;
         floriculture; viticulture; horticulture; raising or keeping
         livestock or poultry; and planting cover crops or leaving land
         idle for the purpose of participating in any governmental
         program or normal crop or livestock rotation procedure.

                       (2) "Governmental requirement" includes any rule,
         regulation, ordinance, zoning, or other requirement or
         restriction enacted or promulgated by a county, city, or other
         municipal corporation that has the power to enact or promulgate
         the requirement or restriction.

Added by Acts 1981, 67th Leg., p. 2595, ch. 693, Sec. 21, eff.
Aug. 31, 1981.

Sec. 251.003.  Established Date of Operation.

         For purposes of this chapter, the established date of operation
is the date on which an agricultural operation commenced
operation.  If the physical facilities of the agricultural
operation are subsequently expanded, the established date of
operation for each expansion is a separate and independent
established date of operation established as of the date of
commencement of the expanded operation, and the commencement of
expanded operation does not divest the agricultural operation of
a previously established date of operation.

Added by Acts 1981, 67th Leg., p. 2595, ch. 693, Sec. 21, eff.
Aug. 31, 1981.

Sec. 251.004.  Nuisance Actions.

         (a) No nuisance action may be brought against an agricultural
operation that has lawfully been in operation for one year or
more prior to the date on which the action is brought, if the
conditions or circumstances complained of as constituting the
basis for the nuisance action have existed substantially
unchanged since the established date of operation.  This
subsection does not restrict or impede the authority of this
state to protect the public health, safety, and welfare or the
authority of a municipality to enforce state law.

         (b) A person who brings a nuisance action for damages or
injunctive relief against an agricultural operation that has
existed for one year or more prior to the date that the action is
instituted or who violates the provisions of Subsection (a) of
this section is liable to the agricultural operator for all costs
and expenses incurred in defense of the action, including but not
limited to attorney's fees, court costs, travel, and other
related incidental expenses incurred in the defense.

         (c) This section does not affect or defeat the right of any
person to recover for injuries or damages sustained because of an
agricultural operation or portion of an agricultural operation
that is conducted in violation of a federal, state, or local
statute or governmental requirement that applies to the
agricultural operation or portion of an agricultural operation.

Added by Acts 1981, 67th Leg., p. 2595, ch. 693, Sec. 21, eff.
Aug. 31, 1981.

Sec. 251.005.  Effect of Governmental Requirements.

         (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 does not apply to any
agricultural operation situated outside the corporate boundaries
of the city on the effective date of this chapter.  If an
agricultural operation so situated is subsequently annexed or
otherwise brought within the corporate boundaries of the city,
the governmental requirements of the city do not apply to the
agricultural operation unless the requirement is reasonably
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 danger of explosion, flooding,
vermin, insects, physical injury, contagious disease, removal of
lateral or subjacent support, contamination of water supplies,
radiation, storage of toxic materials, discharge of firearms, or
traffic hazards.  A governmental requirement may be imposed under
this subsection only after the governing body of the city makes
findings by resolution that the requirement is necessary to
protect public health.  Before making findings as to the
necessity of the requirement, the governing body of the city must
use the services of the city health officer or employ a
consultant to prepare a report to identify the health hazards
related to agricultural operations and determine the necessity of
regulation and manner in which agricultural operations should be
regulated.

         (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.

Added by Acts 1981, 67th Leg., p. 2595, ch. 693, Sec. 21, eff.
Aug. 31, 1981.

Amended by Acts 1995, 74th Leg., ch. 450, Sec. 1, eff. Aug. 28,
1995.

Sec. 251.006.  Agricultural Improvements.

         (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 in effect at the time the improvement is
constructed.  Such an improvement does not constitute a nuisance.

         (b) This section does not apply to an improvement that
obstructs the flow of water, light, or air to other land.  This
section does not prevent the enforcement of a statute or
governmental requirement to protect public health or safety.

         (c) In this section:

                       (1) "Agricultural land" includes any land the use of which
         qualifies the land for appraisal based on agricultural use as
         defined under Subchapter D, Chapter 23, Tax Code.

                       (2) "Agricultural improvement" includes pens, barns, fences,
         and other improvements designed for the sheltering,
         restriction, or feeding of animal or aquatic life, for storage
         of produce or feed, or for storage or maintenance of
         implements.

Added by Acts 1997, 75th Leg., ch. 332, Sec. 1, eff. Sept. 1,
1997