SB 1035

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
SB 1035 seeks to fortify protections for agricultural operations in Texas by creating a statutory cause of action for individuals or entities adversely affected by local government actions that conflict with the state's "Right to Farm" provisions under Chapter 251 of the Texas Agriculture Code. Specifically, the bill adds Section 251.009, which authorizes any aggrieved party to file suit against a political subdivision enforcing a governmental requirement in violation of the chapter. Through this civil action, plaintiffs may seek declaratory or injunctive relief aimed at halting the enforcement of such regulations.

A key feature of SB 1035 is its allowance for prevailing parties to recover court costs and reasonable attorney’s fees, which aims to reduce the financial burden on agricultural operators pursuing legal redress. This provision serves as a deterrent against local governmental overreach by making it more feasible for affected individuals to challenge enforcement actions that may hinder lawful agricultural practices.

The bill explicitly limits its application to causes of action accruing on or after the bill’s effective date. SB 1035 reflects a broader policy effort to protect rural landowners and farming interests from inconsistent or burdensome local regulations that undermine state-recognized agricultural rights.
Author (2)
Kevin Sparks
Charles Perry
Co-Author (3)
Cesar Blanco
Peter Flores
Adam Hinojosa
Sponsor (4)
David Spiller
Cody Harris
Trent Ashby
Briscoe Cain
Co-Sponsor (8)
Richard Hayes
Helen Kerwin
Stan Lambert
Terri Leo-Wilson
Janie Lopez
Eddie Morales
Angelia Orr
Trey Wharton
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1035 is not expected to have a significant fiscal impact on the state budget. The analysis indicates that any costs arising from the bill’s implementation could be absorbed within the existing resources of relevant state agencies, such as the Office of Court Administration. This suggests the judiciary and associated administrative bodies would not require additional appropriations or staffing to accommodate potential increases in caseload stemming from litigation authorized by the bill.

Furthermore, SB 1035 is anticipated to have no significant fiscal implications for local governments. Although the bill authorizes lawsuits against political subdivisions that violate Chapter 251 of the Agriculture Code, the volume and nature of such lawsuits are expected to be limited enough not to create meaningful financial burdens. Local entities may face litigation-related costs, including court appearances and potential attorney's fees, but these are not projected to be frequent or extensive enough to necessitate budgetary changes or new funding streams.

Overall, the fiscal impact of SB 1035 is deemed minimal, with state and local government operations able to continue under current financial frameworks without the need for additional expenditure.

Vote Recommendation Notes

SB 1035 advances the goal of protecting agricultural operators from encroaching local governmental regulations that may conflict with state-level protections. Building on the momentum of HB 1750 (2023) and the passage of a constitutional amendment safeguarding the right to farm, SB 1035 gives teeth to those protections by allowing farmers and ranchers to pursue equitable legal remedies—including declaratory and injunctive relief—against local political subdivisions that violate Chapter 251 of the Texas Agriculture Code. The bill’s provision for recovery of court costs and attorney’s fees further empowers individuals to assert their rights without being dissuaded by legal expenses.

From a liberty-oriented perspective, the legislation aligns strongly with principles of Individual Liberty, Free Enterprise, and Private Property Rights. It helps shield private landowners from regulatory overreach, enabling them to manage their agricultural operations without undue interference. Furthermore, it underscores Limited Government by reinforcing the primacy of state protections over inconsistent local mandates and limiting municipal authority where it conflicts with state law.

The fiscal impact is minimal, with both state and local governments expected to absorb any incidental costs without significant financial strain​. The legislative intent, as explained in the bill analysis, reflects a response to continued reports of municipal intrusion into agricultural affairs despite existing legal protections. Given this context, Texas Policy Research recommends that lawmakers vote YES on SB 1035 as it serves as a practical and principled extension of voter-supported reforms.

  • Individual Liberty: The bill empowers individuals—specifically farmers and ranchers—to defend their legally protected rights against local government regulations that may infringe upon their freedom to operate. By providing a clear legal remedy, the bill strengthens the autonomy of agricultural operators and affirms their right to challenge policies that interfere with their livelihood. This enhances individual liberty by reinforcing legal recourse when governmental action oversteps bounds.
  • Personal Responsibility: The bill supports this principle by placing the responsibility on aggrieved individuals to initiate legal action if they believe their rights have been violated. Rather than automatically nullifying governmental actions, the bill requires individuals to take proactive steps through the courts, thus maintaining the expectation that citizens play an active role in defending their rights within the legal system.
  • Free Enterprise: By offering relief from local regulations that conflict with Chapter 251 of the Agriculture Code, the bill fosters a more predictable and less burdensome regulatory environment for agricultural businesses. This promotes a freer market by reducing the barriers that political subdivisions may impose, especially those that could be economically damaging or inconsistent with state policy. It encourages business sustainability and investment in agriculture—key elements of a thriving free enterprise system.
  • Private Property Rights: At its core, the bill defends the ability of property owners to use their land for lawful agricultural purposes. It directly counters efforts by local governments to impose requirements that could impede farming or ranching operations. By affirming the legal avenue for challenging such interference, the bill reinforces the sanctity of private property rights and land-use freedom.
  • Limited Government: This bill epitomizes the principle of limited government by restraining the scope of local political subdivisions when they act in ways that conflict with state protections for agriculture. It upholds the notion that governmental authority should be clearly bounded and not arbitrarily expand into areas that stifle constitutionally or statutorily recognized rights.
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