By Jennifer Whitlock
Field Editor

Texas lawmakers approved several bills during the 87th legislative session that will impact farmers, ranchers and rural Texans.

“Major progress was made in areas of importance to farmers, ranchers, private property owners and rural Texans. Particularly, we saw success in eminent domain reform,” Charlie Leal, Texas Farm Bureau (TFB) state legislative director, said. “That has been a goal of Texas Farm Bureau for several sessions. So, it’s good to have accomplished protections and to have a more fair and transparent process for landowners. We look forward to seeing how that will help in eminent domain transactions between landowners and private entities moving forward.”

Strengthening private property rights
Landowners deserve fair treatment when facing eminent domain proceedings. Too often, this doesn’t happen when they’re approached by condemning entities seeking easements for pipelines, transmission lines and other projects across their lands.

But the passage of HB 2730 brings meaningful changes that benefit private property owners.

“The bill makes the process more fair and transparent by requiring the landowner to get an initial offer that is clear whether or not it includes damages to the remainder. The legislation also requires the landowner to receive an easement agreement up front with standard terms. The bill also improves the landowner bill of rights that landowners will now get with or before the initial offer,” Leal said. “It creates a penalty for land agents that act unethically and provide lowball offers to landowners.”

Rep. DeWayne Burns and Sen. Lois Kolkhorst worked tirelessly on the issue for six years, and TFB is grateful for their dedication and drive to see their constituents receive a fairer eminent domain process, Leal said.

Feral hog control
An issue plaguing rural Texans—and quickly encroaching upon suburban and urban areas—is feral hog damage. The population of this invasive species has exploded in recent years with few viable control methods in place.

But a rider in the state budget now allocates funding to the Texas Department of Agriculture (TDA) and Texas A&M AgriLife Extension Service to research and develop further methods of feral hog control, including a feral hog toxicant that has been approved by the U.S. Environmental Protection Agency but is not yet available in Texas.

“The study of the use of warfarin-based feral hog toxicants and the proposed program and study by AgriLife will allow landowners to have access to these products if the study proves successful, which we believe will happen,” Leal said.

Improving rural Texans’ lives
Small towns and rural communities are not known for dependable, high-speed internet access.

Awareness of this issue was highlighted during the COVID-19 pandemic as families were forced to work and learn at home, often relying on subpar internet connections.

HB 5 seeks to help Texans by expanding broadband service to underserved areas, including rural settings that have long been overlooked by internet service providers.

“The bill will create a statewide broadband development office that would promote research and develop the expansion of access to broadband service throughout Texas,” Leal said. “It sets up a development council, as well, bringing in representatives from all sectors of Texas, including ambassadors for the rural and agricultural sectors. This will allow the state to set a statewide plan and bring down federal allocation funding when available.”

An additional bill, HB 3924, will improve the lives of many self-employed Texans through the offering of affordable, non-insurance health plans.

Under the new legislation, TFB can offer these health plans to members who may struggle to find affordable health care coverage.

“These plans are not insurance, but they offer extensive health coverage benefits,” Leal said. “We feel as though they’re a good option for people who don’t have access to health insurance through their employer and don’t receive subsidized coverage under the Affordable Care Act. Other state Farm Bureaus have offered similar programs for years, and their members have found them to be of great value.”

Protecting farmers and ranchers
TFB has long advocated for policies and laws that protect farmers and ranchers.

The Farm Animal Liability Act (FALA) expansion bill, HB 365, strengthens some of those protections by ensuring farmers and ranchers receive the same liability shields already in place for other agricultural activities.

The original Texas statute said people hosting agritourism events such as livestock shows, rodeos and other activities were protected against liability for “property damage or damages arising from the personal injury or death of a participant in a farm animal activity or livestock show” where people can reasonably expect to be around livestock.

But in a case that went before the Texas Supreme Court last year, the court determined FALA did not apply to farmers and ranchers doing normal ranching activities.

Thankfully, Leal said lawmakers saw the inherent inequality of the court’s application and drafted legislation to correct it.

Now, FALA is expanded to livestock owners on their private property, as well.

Another bill Leal noted will be beneficial to farmers and ranchers is HB 1480.

“This bill, known as the agriculture trespass bill, creates a criminal offense for anyone who damages or vandalizes or seeks to destroy or cause any kind of harm to any animal or crop facility and its contents,” he said. “This is an issue that we have seen with activist groups who have sought to utilize employment and trespass on these facilities in order to gain notoriety for themselves or their groups.”

Keeping Texas agriculture strong
Several bills were also passed this legislative session that will help keep Texas agriculture strong.

Sunset reviews of TDA, the Texas Animal Health Commission and the Texas Parks and Wildlife Department were completed with recommendations from the legislature to continue those agencies.

Continuation of TDA included funding for the Texas Boll Weevil Eradication Foundation and the Texas Prescribed Burning Board, two programs Leal said are crucial to Texas farmers and ranchers.

All three agencies received extensions until 2033, which is the maximum period (12 years) agencies can operate without undergoing another sunset review, according to Leal. He said it is a testament to the efficiency and importance of those agencies to have received the maximum extension period.

Another area which will strengthen Texas agriculture is a cooperative agreement between TDA, state universities and “interested parties” to research and develop methods of detection and mitigation of crop pests and diseases.

Under HB 2089, interested farming and ranching organizations like TFB and commodity-specific organizations may create partnerships with TDA and a state university to undertake research and development projects.

Those projects will prove beneficial to Texas agriculture as the participants work to eradicate plant pests and diseases, Leal added.

Bills that did not pass this session
“We can’t win them all, and that was the case for a few bills we were working on this session,” Leal said. “Unfortunately, there was no new legislation approved for protection of surface water and groundwater rights or truth in labeling. There was a hemp farming bill that would have aligned state regulations with those of the U.S. Department of Agriculture, but there were some disagreements between the House and Senate that ultimately failed the bill.”

These bills may not have passed this session, but Leal said TFB members who participated in the legislative process have much to be proud of.

“When I go into legislative offices, I want them to see the Farm Bureau pin on my lapel and remember our county leaders and members in their district who sent me to represent them. We had a phenomenal session and achieved many of our goals,” he said. “That’s directly attributable to the active involvement from our members and county leaders being so engaged with their lawmakers.”

TFB will continue the fight for rural and agricultural policy between now and the next legislative session.

“We remain engaged with lawmakers and their staff throughout the ‘off season’ to help them remain aware of issues that affect their constituents and our members,” Leal said. “Our grassroots policy development process ensures our members’ voices are heard, and we remain committed to bringing those voices to the legislative process.”

For more information on the various bills and a legislative overview, view previous issues of the Austin Newsletter at texasfarmbureau.org/advocacy/austin-newsletter.