Cultivating freedom: Texans must vote to strengthen the right to farm

Texas has long served as the backbone of American agriculture. With its abundant natural resources and hard-working populace, the state has been a stalwart in the production of food and other agricultural products—feeding and clothing not just Texans, but millions across the nation. For over four decades, the Texas Right to Farm statute has played a vital role in conserving, protecting and encouraging the development and improvement of our state’s agricultural land. Now, as Texas grapples with surging urban sprawl and its consequences, it is essential that we strengthen, update and support Texas right to farm law.

The Texas right to farm

The Right to Farm statute was originally enacted in 1981 to protect agricultural operations from undue regulation and frivolous litigation. It applies protections to a number of agricultural activities, such as soil cultivation, crop production, and livestock or poultry raising. This law safeguards agricultural operations against nuisance action while ensuring that operations annexed after 1981 are protected from new governmental restrictions.

Importantly, these protections are not absolute. They do not restrict the state’s authority to protect the public health, safety and welfare of its citizens, nor do they restrict the authority of municipalities to enforce the law. Existing right to farm protections do not protect agricultural operations from municipal regulations that cities deem necessary to protect public health, nor do they apply if an operation obstructs the flow of water, light or air to other lands.

As Texas experiences rapid population growth and urban encroachment into rural areas, the Texas Right to Farm statute is facing heightened pressure and scrutiny. Farmers and ranchers have expressed concerns that escalating local government regulations and city ordinances are jeopardizing the future of their operations. Some generally accepted agricultural practices are not protected under the current law. These operations have been heavily regulated without legal recourse for the farmer. Other operations have been regulated under existing public health provisions without requirement that municipalities demonstrate any need for such regulation.

Texas Legislature steps up for agriculture

Recognizing the limitations of the original 1981 Right to Farm statute, key Texas legislators have taken decisive action to safeguard the interests of our farmers and ranchers. Chairman DeWayne Burns and Rep. Trent Ashby, together with Chairman Charles Perry in the Senate, were instrumental in building a bipartisan coalition to successfully navigate the passage of three landmark pieces of legislation — HB 1750, HB 2308 and HJR 126.

HB 1750 will broaden the types of agricultural activities protected from municipal overregulation while requiring municipalities to demonstrate that regulations are necessary to protect the public health of its citizens. It protects agricultural producers from city requirements, regulations, and permits that prohibit or restrict farming and ranching when there is no real threat to public safety.

HB 2308 will restrict the circumstances under which agricultural operations may be declared a nuisance, offering an additional layer of protection to our farmers and ranchers whose operations are located outside a municipality’s jurisdiction.

Both HB 1750 and HB 2308 are on their way to Governor Greg Abbott’s desk to be signed into law. While passing these two bills is an important step in protecting the right to farm in Texas, it is just the first step.

Texas voters can protect Texas agriculture for future generations

Protecting the right to farm will ultimately hinge on a Texas popular vote this fall. HJR 126 proposes a Texas constitutional amendment to protect the right of all Texans to engage in generally accepted agricultural practices. If Texas is to protect its farmers and ranchers, and ensure a continued supply of safe and affordable food for future generations, it is critical that we vote to pass HJR 126 in November. Doing so will cement our state’s agricultural legacy at the highest legal level available.

The significance of this measure is highlighted by the strong endorsement it has garnered from leading organizations in the agricultural community. The Texas Farm Bureau, Texas and Southwestern Cattle Raisers Association and Texas Agriculture Connection have all expressed their steadfast support for the right to farm, underscoring its importance to our state's farming and ranching industry.

As Texas continues to grow, the importance of strengthening right to farm laws becomes increasingly urgent. These laws are essential for creating a legal environment in which Texas farmers and ranchers can continue their invaluable work on the land they own. It is important we support these laws — through both our votes and our voices.

We must ensure that as we grow and progress into the future, we do not leave behind the agricultural practices and traditions that have been a cornerstone of our state's identity and economy since its inception. This November, stand tall and make your voice heard. Preserve the future of Texas agriculture by voting yes on HJR 126.