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89(R) SB 1035 - Enrolled version - Bill Text
S.B. No. 1035
AN ACT
relating to equitable relief from the enforcement of certain
governmental requirements that affect agricultural operations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 251, Agriculture Code, is amended by
adding Section 251.009 to read as follows:
Sec.
251.009.
RIGHT OF ACTION. (a) In this section,
"person" means the owner, operator, or lessee of an agricultural
operation.
(b)
If a political subdivision enforces a governmental
requirement in violation of this chapter or Section 36, Article I,
Texas Constitution, a person aggrieved by the violation may bring
an action against the political subdivision to obtain declaratory
and injunctive relief to block the enforcement of the governmental
requirement.
(c)
A person who prevails in an action under this section
may seek and the court shall award court costs and reasonable
attorney's fees.
SECTION 2. Section 251.009, Agriculture Code, as added by
this Act, applies only to a cause of action that accrues on or after
the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 1035 passed the Senate on
April 7, 2025, by the following vote: Yeas 28, Nays 1, one present
not voting; and that the Senate concurred in House amendments on
May 5, 2025, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1035 passed the House, with
amendments, on April 30, 2025, by the following vote: Yeas 140,
Nays 2, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor