Texas Statewide Rule

Texas Right to Farm Act Statewide Protection

Few RestrictionsApplies statewide across Texas (2026)

Key Facts

Statute: Ag Code Chapter 251
One Year Threshold: Nuisance immunity
2023 Update: HB 1750 & HB 2308
Fee Shifting: Yes, to prevailing farm

Last verified: September 5, 2026Source: Texas Statutes

Summary

The Texas Right to Farm Act, Agriculture Code Chapter 251, protects established agricultural operations from nuisance lawsuits and local regulations after one year of operation. HB 1750 and HB 2308 (2023) significantly strengthened protections, preempting municipal ordinances that restrict generally accepted agricultural practices.

Sec. 251.004. NUISANCE OR OTHER ACTIONS. (a) No nuisance action or other action to restrain an agricultural operation may be brought against an agricultural operation that has lawfully been in operation and substantially unchanged for one year or more prior to the date on which the action is brought. A person who brings a nuisance action or other action to restrain an agricultural operation that is not prohibited by this section must establish each element of the action by clear and convincing evidence. This subsection does not restrict or impede the authority of this state or a political subdivision to enforce state law, including an enforcement action by the Texas Commission on Environmental Quality. For the purposes of this subsection, a substantial change to an agricultural operation means a material alteration to the operation of or type of production at an agricultural operation that is substantially inconsistent with the operational practices since the established date of operation.

Source: Texas StatutesView official code

Full Breakdown

Agriculture Code Chapter 251 provides that no nuisance action may be brought against an agricultural operation in operation for one year or more if the conditions complained of did not exist when operations began. HB 1750 and HB 2308 (2023) expanded the act: new Section 251.0055 bars cities from requirements that prohibit generally accepted agricultural practices absent clear and convincing evidence of an imminent health or safety danger, protection now extends beyond nuisance suits to other actions to restrain operations, and unsuccessful plaintiffs pay the farm's costs and attorney fees under 251.004. Cities and counties cannot enforce ordinances that prohibit established farm operations from continuing or expanding within reasonable scope.

Violations & Penalties

Plaintiffs in failed nuisance suits must pay farm operator costs and reasonable attorney fees; municipalities enforcing preempted ordinances face injunctive relief.

Frequently Asked Questions

How long must a farm operate to qualify for protection?

One year of established operation under Agriculture Code 251.004. After this threshold, the farm is generally immune from nuisance suits based on conditions existing when operations began.

Can a city regulate odor, noise, or dust from farms?

Generally no for established operations using generally accepted agricultural practices. HB 1750 (2023) further restricted municipal authority to regulate such practices without clear and convincing health-and-safety findings.

Does protection extend to expansions and new technology?

Reasonable expansions and adoption of generally accepted practices typically remain protected, though changes that constitute fundamentally new operations may not retain prior immunity.

Sources

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