Texas Constitution:Article I, Section 36

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 agricultural practices in the state.

Apparently only two other states, Missouri and North Dakota, have a similar constitutional provision.

Due to that and its vague text, 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)