Texas Right-to-Farm Protections: SB 1035 & HB 4163
Two 2025 laws strengthened Chapter 251 of the Agriculture Code: SB 1035 gave agricultural owners, operators, and lessees a court remedy — with mandatory costs and attorney’s fees for a prevailing claimant — against unlawful local enforcement, and HB 4163 barred cities from requiring them to mow, bale, shred, or hoe the adjacent public right-of-way.
The foundation: Chapter 251 and the constitutional right to farm
Texas’s “right to farm” law lives in Chapter 251 of the Agriculture Code (“Effect of Nuisance Actions and Governmental Requirements on Certain Agricultural Operations”). Among its protections, Section 251.004 limits nuisance and similar actions against an agricultural operation that has lawfully existed for a year or more and makes an unsuccessful claimant liable for the operation’s defense costs — while expressly preserving claims against an operation conducted in violation of applicable law. In 2023, HB 1750 strengthened the chapter, including Section 251.0055’s limits on city requirements applied to agricultural operations inside city limits, and Texas voters approved a constitutional amendment adding Article I, Section 36 — the right to engage in generally accepted farm, ranch, timber production, horticulture, and wildlife management practices — to the Texas Bill of Rights in November 2023.
SB 1035: a court remedy with teeth
SB 1035 (author Sen. Kevin Sparks; House sponsor Rep. David Spiller per the official record) became law and took effect immediately on May 19, 2025. It added Agriculture Code Section 251.009, which provides, per the enrolled text:
- Who may sue: a “person” — defined as the owner, operator, or lessee of an agricultural operation — aggrieved by the violation.
- When: if a political subdivision (a city, county, or other local government) enforces a governmental requirement in violation of Chapter 251 or Article I, Section 36 of the Texas Constitution.
- What relief: declaratory and injunctive relief to block the enforcement.
- Fees: a person who prevails may seek — and the court shall award — court costs and reasonable attorney’s fees.
- Timing: the section applies only to a cause of action that accrues on or after the effective date.
What SB 1035 is not
Section 251.009 is a court-enforcement mechanism, not blanket immunity. It creates no automatic damages award, no right to ignore an ordinance, and no new claim against private neighbors, and a local requirement is not automatically invalid the moment a landowner believes it violates Chapter 251 — whether a particular requirement violates the statute or the Constitution is a determination a court makes. The mandatory fee award applies to a claimant who actually prevails; an unsuccessful suit carries its own costs and risks. Anyone facing local enforcement should obtain the requirement in writing and seek advice from a qualified Texas attorney before acting.
HB 4163: no forced right-of-way maintenance by cities
HB 4163 (authors Reps. Ryan Guillen and Briscoe Cain; Senate sponsor Sen. Charles Perry) became law effective September 1, 2025. It amended Section 251.0055(c) to prohibit a city from imposing a governmental requirement that directly or indirectly requires the owner or lessee of an agricultural operation to mow, bale, shred, or hoe material on the right-of-way of a public road adjacent to the agricultural operation. By its terms, the change applies to governmental requirements adopted before, on, or after the effective date.
Before relying on HB 4163
- Confirm whether the property is inside a municipality — Section 251.0055 addresses city requirements.
- Verify the property and right-of-way boundaries; not every roadside strip is a public right-of-way.
- Obtain the applicable ordinance or written city requirement.
- Determine whether the activity qualifies as an “agricultural operation” under Chapter 251.
- Review the official enrolled bill and the current Agriculture Code text.
- Seek legal guidance before refusing a governmental directive or citation — separate safety, access, drainage, nuisance, or public-health laws may still apply, and contracts, easements, or deed restrictions can impose duties no city ordinance created.
How the two laws fit together
HB 4163 defines one specific thing a city may not require; SB 1035 supplies the enforcement route when any political subdivision enforces a requirement in violation of Chapter 251 or Article I, §36. Together they narrow what local governments can demand of qualifying agricultural operations and lower the financial barrier to challenging unlawful enforcement — without erasing all local authority over agriculture, and without relieving operations of laws that validly apply to them.
The takeaway
Since 2025, a Texas agricultural owner, operator, or lessee facing local enforcement that violates the right-to-farm chapter or Article I, §36 can ask a court for declaratory and injunctive relief and, on prevailing, must be awarded costs and reasonable attorney’s fees (SB 1035, eff. May 19, 2025) — and a city cannot require the operation to mow, bale, shred, or hoe the adjacent public road right-of-way (HB 4163, eff. September 1, 2025). Courts, not landowners or cities, decide whether a given requirement crosses the line.
Official sources
- Texas Legislature Online — SB 1035 (89R): history and official analyses
- SB 1035 — final enrolled text (Agriculture Code §251.009)
- Texas Legislature Online — HB 4163 (89R): history and official analyses
- HB 4163 — bill text (Agriculture Code §251.0055(c))
- Texas Agriculture Code, Chapter 251 (current text)
- Texas Constitution, Article I, Section 36
Last reviewed July 22, 2026 against the official Texas Legislature Online records, the enrolled bill texts, and the current statutes. Laws and their interpretation change; verify current text and consult a qualified Texas attorney about a specific dispute. Educational information only — not legal advice.