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Texas Agriculture Code - AGRIC § 251.005. Effect of Governmental Requirements

Current as of January 01, 2024 | Updated by FindLaw Staff

(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(c-1) Repealed by Acts 2023, 88th Leg., ch. 319 (H.B. 1750), § 6.

(c-2) Repealed by Acts 2023, 88th Leg., ch. 319 (H.B. 1750), § 6.

(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.

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Cite this article: FindLaw.com - Texas Agriculture Code - AGRIC § 251.005. Effect of Governmental Requirements - last updated January 01, 2024 | https://codes.findlaw.com/tx/agriculture-code/agric-sect-251-005/

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