Texas Constitution Art. 1 sec. 36 – Right to Engage in Certain Agricultural Practices
(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 § 59, Article XVI, of this constitution.
Terms Used In Texas Constitution Art. 1 sec. 36
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(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 § 59, Article XVI, of this constitution.