Texas Agriculture Code Chapter 251 protects farms operating one year or longer from nuisance suits based on changed surrounding conditions. The state shield applies in Houston but mostly affects edge-of-city and Harris County agricultural parcels.
Texas Agriculture Code Chapter 251, the Right to Farm Act, shields agricultural operations that have run substantially the same way for at least one year from nuisance lawsuits arising from changed conditions in the area. The protection covers commercial farms, ranches, dairies, feedlots, orchards, and confined-animal facilities. A farm that was lawful when established cannot become a nuisance because new homes or businesses moved nearby. The 2023 amendments under HB 1750 strengthened the shield by requiring losing plaintiffs to pay defendant attorney fees and litigation costs. The Act applies citywide in Houston but rarely matters because most Houston land is already in residential, commercial, or industrial use rather than active agricultural operation.
Plaintiffs who lose nuisance suits against protected farms must pay defendant attorney fees and litigation costs under Tex. Agric. Code 251.004(d). Farms forfeit the shield if they violate environmental laws, run negligently, or substantially change operations.
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