Texas Right to Farm Act Statewide Protection

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.

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