S.B. No. 1035 introduces a new section, Section 251.009, to the Agriculture Code, which establishes a right of action for individuals involved in agricultural operations against political subdivisions that enforce governmental requirements in violation of the chapter or the Texas Constitution. The bill defines "person" as the owner, operator, or lessee of an agricultural operation and allows aggrieved individuals to seek declaratory and injunctive relief to prevent the enforcement of such requirements. Additionally, it stipulates that those who prevail in these actions may be awarded court costs and reasonable attorney's fees.
The provisions of this new section will only apply to causes of action that accrue on or after the effective date of the Act. The Act is set to take effect immediately if it receives a two-thirds vote from both houses of the legislature; otherwise, it will take effect on September 1, 2025.
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