Texas § AG.251.004 - NUISANCE OR OTHER ACTIONS

§ AG.251.004. NUISANCE OR OTHER ACTIONS

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. (b) A person who brings a nuisance action or other action to restrain an agricultural operation and seeks damages or injunctive relief against an agricultural operation that has existed for one year or more prior to the date that the action is instituted or who violates the provisions of Subsection (a) is liable to the agricultural operator for: (1) all costs and expenses incurred in defense of the action, including attorney's fees, court costs, travel, and other related incidental expenses incurred in the defense; and (2) any other damages found by the trier of fact. (c) This section does not affect or defeat the right of any person to recover for injuries or damages sustained because of an agricultural operation or portion of an agricultural operation that is conducted in violation of a federal, state, or local statute or governmental requirement that applies to the agricultural operation or portion of an agricultural operation. Added by Acts 1981, 67th Leg., p. 2595, ch. 693, Sec. 21, eff. Aug. 31, 1981. Amended by: Acts 2023, 88th Leg., R.S., Ch. 135 (H.B. 2308 ), Sec. 3, eff. September 1, 2023.