Texas Constitution:Article I, Section 36: Difference between revisions

Latest revision as of 10:53, June 17, 2024

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.

(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 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 59, Article XVI, of this Constitution.

Editor Comments

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.

—Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

None.

Library Resources

Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)

The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)

The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)

Online Resources

Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)

Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)

Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)

@@ Line 1: / Line 1: @@
-{{DISPLAYTITLE:Article I, Section 34 of the Texas Constitution (''<small>"Right to Hunt, Fish, and Harvest Wildlife"</small>'')}}{{Texas Constitution|text=Added November 3, 2015:
+{{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 hunt, fish, and harvest wildlife, including by the use of traditional methods, subject to laws or regulations to conserve and manage wildlife and preserve the future of hunting and fishing.'''
+'''(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) Hunting and fishing are preferred methods of managing and controlling wildlife.'''
+'''(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 any provision of law relating to trespass, property rights, or eminent domain.'''
+'''(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.'''
-'''(d) This section does not affect the power of the Legislature to authorize a municipality to regulate the discharge of a weapon in a populated area in the interest of public safety.'''
 |editor=
-This section creates a limited constitutional right to hunt, fish, and harvest wildlife in the state.
+This section creates a limited constitutional right to engage in certain practices in the state.
-More than twenty other states have adopted similar constitutional provisions since 1995.
+Only two other states, Missouri and North Dakota, have a similar constitutional provision.
-Nonetheless, both the substance and enforceability of the new Texas right are rather unclear.
+As a result, both the substance and enforceability of the new Texas right are rather unclear.
 |recent=
@@ Line 25: / Line 23: @@
 None.
-|seo_title=Article I, Section 34 of the Texas Constitution ("Right to Hunt, Fish, and Harvest Wildlife")
+|seo_title=Article I, Section 36 of the Texas Constitution ("Right to Engage in Certain Agricultural Practices")
-|seo_keywords=Article 1 Section 34, right to hunt, right to fish
+|seo_keywords=Article 1 Section 36, farm practices, ranch practices
-|seo_description=The people have the right to hunt, fish and harvest wildlife, including by the use of traditional methods.
+|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
@@ Line 33: / Line 32: @@
 [[Category:Texas Bill of Rights]]
-[[Category:Parks and Wildlife Law]]
+[[Category:Agriculture Law]]
 [[Category:TxCon ArtI Sec]]