By Shelby Shank
Field Editor

Texas farmers and ranchers want to see stronger right to farm protections passed by the state legislature.

Jarod Root echoed those sentiments when he testified March 27 on behalf of Texas Farm Bureau (TFB) before the Texas Senate Water, Agriculture and Rural Affairs Committee in support of SB 1421.

The right to farm bill, authored by Sen. Charles Perry, would prevent unjustified city ordinances and zoning that prohibit and restrict normal agricultural practices. This legislation will protect Texas farmers and ranchers from frivolous nuisance claims, Root said.

Cities and local municipalities are enacting ordinances to regulate farms and ranches as nuisance or threat to public health and safety. As Texas becomes increasingly urban, strengthening right to farm legislation will help preserve statutory protections to ensure farms and ranches can continue operating within city limits.

Root is a first-generation rancher in Denton County where he raises cattle and produces honey within Flower Mound city limits. He shared his concerns with committee members.

“My home place is about six acres, and I lease an additional three acres from my neighbor to feed out our steers before processing,” he said. “Right now, I don’t have any issues, but I could get new neighbors in the future that don’t want livestock near them.”

In addition, Root shared an example of offering local FFA and 4-H students, whose families reside in subdivisions, the use of his land to keep and care for their show animals. However, the city quickly shut down the idea. Root explained a complicated permit was required and enforced an unjustified discriminatory ordinance prohibiting any swine within the city limits, except for pot-bellied pigs.

Other examples were shared with the committee, including one about a farmer who was approached by local law enforcement to stop harvesting due to the dust it was creating. Often, agricultural activities—like harvesting—are temporary and not a nuisance or threat to public health, Root said.

This bill limits city governmental requirements on operations situated within the corporate boundaries unless there is imminent danger to the public in the immediate vicinity of the operation.

Under this right to farm bill, Texas A&M AgriLife Extension Service is directed to develop a manual detailing generally accepted agricultural practices cities would be required to consult when adopting any restriction on agricultural operations.

The proposal was left pending by the committee.

For more information on SB 1421, click here.

Companion legislation was introduced in the House by Rep. DeWayne Burns.