SB1035

Regular Session

Relating to equitable relief from the enforcement of certain governmental requirements that affect agricultural operations.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Civil Courts (via private right of action) • Political Subdivisions (Municipalities/Counties as defendants)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: Immediate. While the law takes effect in September, you must update lease agreements and operational protocols now to prepare for potential disputes.
Agency Rulemaking: None. This statute is self-executing through the judicial system. There will be no guidance documents from the TDA or TCEQ; the "rules" will be defined by civil court rulings.

Immediate Action Plan

1. Audit Active Disputes: Identify any current friction with local governments. Determine if it is strategic to delay formal legal challenges until after September 1, 2025.
2. Revise Lease Templates: Insert language controlling the tenant's right to sue political subdivisions under this statute.
3. Establish Evidence Lockers: Compile historical aerials, affidavits of commencement, and production records to bulletproof your "Right to Farm" status.
4. Brief Local Counsel: Ensure your external litigation counsel is aware of this fee-shifting provision; it changes the settlement leverage significantly.

Operational Changes Required

Contracts

Mandatory Lease Updates: Because the law grants standing to "lessees," tenants can sue municipalities independently of landowners.

Litigation Control Clauses: Landowners must amend agricultural leases to define who has the authority to initiate litigation against a political subdivision.
Fee Allocation: Clauses must specify that recovered attorney's fees belong to the party that actually funded the litigation.
Indemnification: Landlords should require indemnification if a tenant’s independent lawsuit triggers a counterclaim or regulatory retaliation from a municipality.

Hiring/Training

Protocol Shift for Site Managers:

"Stop and Escalate" Training: Operational staff must be trained *never* to simply pay a municipal fine or agree to a Cease-and-Desist order regarding noise, odor, or vegetation.
Immediate Legal Trigger: Any notice of violation from a city or county must be routed to Legal Counsel immediately to assess if it violates Chapter 251 (Right to Farm).

Reporting & Record-Keeping

Litigation Readiness:

Historical Usage Logs: You must maintain proof of exactly when agricultural operations commenced. Fee recovery depends on winning the suit, and winning often depends on proving your operation preceded the encroaching non-agricultural land use.
Segregated Billing: Legal departments must implement specific billing codes for "SB 1035 Defense." To recover fees, you must present the court with clean, itemized records distinct from general corporate counsel work.

Fees & Costs

Budgetary Impact:

Litigation Reserves: While fees are recoverable if you win, you must have the capital to fund the litigation upfront.
Insurance Review: Review business defense policies. Ensure your coverage includes suits for declaratory judgment, not just defense against damages.

Strategic Ambiguities & Considerations

Definition of "Prevails": The statute mandates fees if the plaintiff "prevails," but does not define if a partial victory (e.g., the court strikes down one restriction but upholds another) triggers full or partial fee recovery.
Scope of "Governmental Requirement": It is unclear if this applies strictly to formal ordinances or extends to administrative delays, permit denials, or informal guidance by city staff. We anticipate early litigation will focus on defining this scope.
The Accrual Trap: The law only applies to causes of action accruing on or after Sept 1, 2025. A dispute that "accrues" in August 2025 may not be eligible for fee recovery, creating a strategic incentive to delay formal legal action until September.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

Legislative Timeline

This bill's path through the Texas Legislature

TopicsAgriculture City Government City Government--land Use & Zoning Civil Remedies & Liabilities Attorney's Fees

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 1035
89R4596 MP-D	By: Sparks; Perry
	Water, Agriculture and Rural Affairs
	3/27/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In 2023, H.B. 1750 (Perry) was introduced to amend state law to preserve the right to farm and ranch in Texas and to provide stronger protections against municipal overreach. Almost one year after voters in Texas overwhelmingly supported the constitutional amendment protecting the right to farm, farmers and ranchers continue to report issues with municipalities infringing on their ability to carry out agricultural practices. S.B. 1035 amends Chapter 251 of the Agriculture Code with the addition of Section 251.009 that allows for farmers and ranchers to initiate legal action by obtaining declaratory or injunctive relief against the political subdivision that enforces a governmental requirement in violation of this chapter. Furthermore, this bill also allows a person who prevails in an action to recover court costs and reasonable attorney's fees.

As proposed, S.B. 1035 amends current law relating to equitable relief from the enforcement of certain governmental requirements that affect agricultural operations.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 251, Agriculture Code, by adding Section 251.009, as follows:

Sec. 251.009. RIGHT OF ACTION. (a) Provides that, if a political subdivision enforces the governmental requirement in violation of Chapter 251 (Effect of Nuisance Actions and Governmental Requirements on Certain Agricultural Operations), a person aggrieved by the violation is authorized to bring an action against the political subdivision to obtain declaratory or injunctive relief to block the enforcement of the governmental requirement.

(b) Authorizes a person who prevails in an action under this section to recover court costs and reasonable attorney's fees.

SECTION 2. Makes application of Section 251.009, Agriculture Code, as added by this Act, prospective.

SECTION 3. Effective date: upon passage or September 1, 2025.

Senate Authors

Sen. Kevin SparksRepublican · Primary Author

Joint Authors

Charles Perry (R)

Coauthors (3)

House Sponsors

Rep. David SpillerRepublican · Primary Sponsor

Joint Sponsors

Cosponsors (8)

Bill Text(with markup)

S.B. No. 1035

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to equitable relief from the enforcement of certain
	governmental requirements that affect agricultural operations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 251, Agriculture Code, is amended by
	adding Section 251.009 to read as follows:
	Sec. 251.009. RIGHT OF ACTION. (a) In this section,
	"person" means the owner, operator, or lessee of an agricultural
	operation.
	(b) If a political subdivision enforces a governmental
	requirement in violation of this chapter or Section 36, Article I,
	Texas Constitution, a person aggrieved by the violation may bring
	an action against the political subdivision to obtain declaratory
	and injunctive relief to block the enforcement of the governmental
	requirement.
	(c) A person who prevails in an action under this section
	may seek and the court shall award court costs and reasonable
	attorney's fees.
	SECTION 2. Section 251.009, Agriculture Code, as added by
	this Act, applies only to a cause of action that accrues on or after
	the effective date of this Act.
	SECTION 3. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 27, 2025

TO:	Honorable Charles Perry, Chair, Senate Committee on Water, Agriculture and Rural Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB1035 by Sparks (Relating to equitable relief from the enforcement of certain governmental requirements that affect agricultural operations.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JMc, FV, BC, CWi

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Frequently Asked Questions

Common questions about SB1035

What does Texas SB1035 do?

SB 1035 fundamentally alters the litigation risk profile for agricultural operations by mandating that courts award attorney’s fees and costs to any owner, operator, or lessee who successfully sues a political subdivision for enforcing regulations that violate the Texas "Right to Farm" statute. This legislation converts the Right to Farm from a defensive shield into a financially viable offensive tool against municipal overreach, effective September 1, 2025. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: Immediate.

Who authored SB1035?

SB1035 was authored by Texas Senator Kevin Sparks during the Regular Session.

When was SB1035 signed into law?

SB1035 was signed into law by Governor Greg Abbott on May 19, 2025.

Which agencies enforce SB1035?

SB1035 is enforced by Texas Civil Courts (via private right of action) and Political Subdivisions (Municipalities/Counties as defendants).

How urgent is compliance with SB1035?

The compliance urgency for SB1035 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB1035?

The cost impact of SB1035 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB1035 address?

SB1035 addresses topics including agriculture, city government, city government--land use & zoning, civil remedies & liabilities and attorney's fees.

Legislative data provided by LegiScanLast updated: November 25, 2025

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