On Nov. 7, Texas voters will have the opportunity to decide on Proposition 1, an amendment to the state constitution protecting the right to farm, ranch and harvest timber in the Lone Star state.
The amendment enables people to engage in agriculture and wildlife management activities on land they own or lease. It does not eliminate municipal governments from regulating “generally accepted” agriculture practices. Still, it says there must be “clear and convincing evidence” to protect public health and safety and to prevent a danger to animal health or crop production.
The amendment does not define what generally accepted agriculture practices are, but Texas A&M AgriLife Extension is in the process of developing a manual detailing accepted practices.
Dalton Moore, chief of staff for state Rep. DeWayne Burns (R-TX-35), told the Waco Tribune the amendment arose after municipalities enacted laws against agriculture on the outskirts of cities.
“We just felt that this was something that needed to be taken to the next level, because farming and ranching is the backbone of the economy in Texas,” Moore said.
Burns was one of the sponsors of House Joint Resolution (HJR) 126, which would put the amendment on the ballot. Additionally, Burns sponsored House Bill (HB) 1750, which imposed limits on municipalities to pass regulations on agricultural practices unless there is a clear and present danger to the community. A health official or equivalent must present a report with clear and convincing evidence that the laws are required to prevent any imminent danger posed by the agriculture operation. The bill also sets restrictions on the growing or harvesting of vegetation or height restrictions on vegetation.
HB 1750 went into effect on Sept. 1 and expanded the state’s Right to Farm statute passed in 1991.
Texas A&M Natural Resources Institute reported in 2020, the state lost 2.2 million acres of farmland between 1997-2017, and the rate has accelerated in the last five years with over 1.2 million acres lost. According to the Texas Demographic Center, the conversion is expected to continue as the population is projected to be 40 million people in the state in 2050.
While other business sectors have grown in the state, agriculture cash receipts contribute over $24.7 billion to the economy, according to an economic impact of agriculture study by the University of Arkansas Division of Agriculture. The study states there are approximately 247,000 farms encompassing 75% of the state, or 126,000,000 acres.
Proposition 1 has a long list of supporters, including the Texas Farm Bureau. President Russell Boening said the amendment is about “ensuring Texans’ access to safe and affordable food in the future.”
According to the Right to Farm Texas website, other supporters include Feeding Texas, Texas Restaurant Association, Texas Forestry Association and cattle and agricultural groups.
However, the Farm and Ranch Freedom Alliance (FARFA) opposes the amendment. In a statement, FARFA said it supports reigning in overburdensome regulations from the government, but it feels the amendment goes too far and will end up hurting both farmers and communities.
“If passed, HJR 126 would take the existing Texas Right to Farm law and put it on steroids,” FARFA said. “It would limit both local governments and future State Legislatures to regulating based on ‘clear and convincing’ evidence—a high standard usually reserved for issues like fraud or whether to take someone off life support.”
The Houston Chronicle editorial board agreed that agriculture is essential for the state, but “what’s best for cities and farmers today might not be best in 50 years.” The board said the amendment is a step too far and lawmakers could change the current laws. — Charles Wallace, WLJ contributing editor
