Section 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: (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 5 .
(c-1)Repealed by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 319,Sec. 6, eff. 9/1/2023. (c-2)Repealed by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 319,Sec. 6, eff. 9/1/2023. (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.Tex. Agric. Code § 251.005
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 319,Sec. 6, eff. 9/1/2023.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 319,Sec. 3, eff. 9/1/2023, app. to a governmental requirement adopted before, on, or after the effective date of this Act.Amended by Acts 2009, 81st Leg., R.S., Ch. 506, Sec. 9.22, eff. 9/1/2009.Amended by Acts 2009, 81st Leg., R.S., Ch. 88, Sec. 1, eff. 5/23/2009.Amended by Acts 2005, 79th Leg., Ch. 18, Sec. 2, eff. 5/3/2005.Amended by Acts 1995, 74th Leg., ch. 450, Sec. 1, eff. 8/28/1995.Added by Acts 1981, 67th Leg., p. 2595, ch. 693, Sec. 21, eff. 8/31/1981.