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{{DISPLAYTITLE:Article I, Section 36 of the Texas Constitution (''<small>"Right to Engage in Certain | {{DISPLAYTITLE:Article I, Section 36 of the Texas Constitution (''<small>"Right to Engage in Certain Agricultural Practices"</small>'')}}{{Texas Constitution|text=Added November 7, 2023: | ||
'''(a) The people have the right to engage in generally accepted farm, ranch, timber production, horticulture, or wildlife management practices on real property they own or lease.''' | '''(a) The people have the right to engage in generally accepted farm, ranch, timber production, horticulture, or wildlife management practices on real property they own or lease.''' | ||
'''(b) This section does not affect the authority of the Legislature to authorize by general law the regulation of generally accepted farm, ranch, timber production, horticulture, or wildlife management practices by: (1) a state agency or political subdivision when there is clear and convincing evidence that the law or regulation is necessary to protect the public health and safety from imminent danger; (2) a state agency to prevent a danger to animal health or crop production; or (3) a state agency or political subdivision to preserve or conserve the natural resources of this State under Section [[Texas Constitution:Article XVI, Section 59|59]], Article XVI, of this | '''(b) This section does not affect the authority of the Legislature to authorize by general law the regulation of generally accepted farm, ranch, timber production, horticulture, or wildlife management practices by: (1) a state agency or political subdivision when there is clear and convincing evidence that the law or regulation is necessary to protect the public health and safety from imminent danger; (2) a state agency to prevent a danger to animal health or crop production; or (3) a state agency or political subdivision to preserve or conserve the natural resources of this State under Section [[Texas Constitution:Article XVI, Section 59|59]], Article XVI, of this Constitution.''' | ||
'''(c) This section does not affect the authority of the Legislature to authorize by general law the use or acquisition of property for a public use, including the development of the natural resources of this State under Section [[Texas Constitution:Article XVI, Section 59|59]], Article XVI, of this | '''(c) This section does not affect the authority of the Legislature to authorize by general law the use or acquisition of property for a public use, including the development of the natural resources of this State under Section [[Texas Constitution:Article XVI, Section 59|59]], Article XVI, of this Constitution.''' | ||
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This section creates a limited constitutional right to engage in certain practices in the state. | This section creates a limited constitutional right to engage in certain practices in the state. | ||
Only two other states, Missouri and North Dakota, have a similar constitutional provision. | |||
As a result, both the substance and enforceability of the new Texas right are rather unclear. | |||
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None. | None. | ||
|seo_title=Article I, Section 36 of the Texas Constitution ("Right to Engage in Certain | |seo_title=Article I, Section 36 of the Texas Constitution ("Right to Engage in Certain Agricultural Practices") | ||
|seo_keywords=Article 1 Section 36, farm | |seo_keywords=Article 1 Section 36, farm practices, ranch practices | ||
|seo_description= | |seo_description=Texans have a constitutional right to engage in accepted farm, ranch, and wildlife management practices. | ||
|seo_published_time=2023-11-07T12:30:30Z | |||
|seo_image_alt=Texas Bill of Rights | |seo_image_alt=Texas Bill of Rights | ||
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[[Category:Texas Bill of Rights]] | [[Category:Texas Bill of Rights]] | ||
[[Category:Agriculture Law]] | |||
[[Category:TxCon ArtI Sec]] | [[Category:TxCon ArtI Sec]] | ||