Article I, Section 36 of the Texas Constitution ("Right to Engage in Certain Agricultural Practices")

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

Online Resources