Texas Proposition 1, Right to Farming, Ranching, Timber Production, Horticulture, and Wildlife Management Amendment (2023)

Texas Proposition 1
Election date November 7, 2023
Topic Constitutional rights and Food and agriculture
Status a Approved
Type Constitutional amendment	Origin State legislature

Texas Proposition 1, the Right to Farming, Ranching, Timber Production, Horticulture, and Wildlife Management Amendment, was on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023.The ballot measure was approved.

A "yes" vote supported establishing a right to farming, ranching, timber production, horticulture, and wildlife management in the Texas Constitution.

A "no" vote opposed establishing a right to farming, ranching, timber production, horticulture, and wildlife management in the Texas Constitution.

Election results

Texas Proposition 1
Result		Votes	Percentage
Yes		2,025,803	79.03%
No		537,666	20.97%

Results are officially certified.

Source

Overview

What did Proposition 1 do?

See also: Text of measure

Proposition 1 added a new section to Article I of the state constitution to establish a right to farming, ranching, timber production, horticulture, and wildlife management on owned or leased personal property. The amendment states that the right does not preclude the state legislature from passing laws to regulate farming, ranching, timber production, horticulture, or wildlife management practices to protect public health and safety, prevent danger to animals or crop production, or preserve the natural resources of the state. The amendment also states that it does not prevent the state legislature from acquiring property for public use including the development of natural resources.

Who supported and opposed the amendment?

See also: Support and Opposition

Texas Cattle Feeders Association, Texas Farm Bureau (AGFUND), Texas Forestry Association, Texas Landowners Council, Texas Poultry Federation, Texas Seed Trade Association, and Texas Wildlife Association registered in support of the amendment. State Reps. DeWayne Burns (R-58), Dustin Burrows (R-83), Mary Gonzalez (D-75), Trent Ashby (R-9), and Diego Bernal (D-123), who sponsored the amendment, said, "H.J.R. 126 seeks to address this issue and empower landowners in the state by constitutionally protecting their right to engage in certain generally accepted agricultural practices on their own property." James Lockridge, a farmer based outside of Dallas, testified in favor of the amendment arguing that it would protect local farmers from certain city ordinances. He said, "There are 52,000 farmers in the state of Texas, and [local governments have] been a nuisance for all of us."

The Farm and Ranch Freedom Alliance and the Humane Society registered in opposition to the amendment. Farm and Ranch Freedom Alliance said the amendment's language is too broad and could "be used to prevent not only local governments, but state agencies and even future state legislatures from taking action to rein in operations that truly harm their neighbors and communities." You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.

Do other states have similar provisions in their state constitutions?

At the time of the election, two other states — Missouri and North Dakota — had adopted right-to-farm constitutional amendments in 2014 and 2012, respectively. In 2016, Oklahomans defeated a similar amendment placed on the ballot by the legislature by a vote of 60.29% to 39.71%.

In 2021, Maine was the first state to adopt an amendment to establish a state right to growing, raising, harvesting, and producing food, as long as an individual does not commit trespassing, theft, poaching, or abuses to private land, public land, or natural resources.

Text of measure

Ballot title

The ballot title was as follows:

“

The constitutional amendment protecting the right to engage in farming, ranching, timber production, horticulture, and wildlife management.

”

Constitutional changes

See also: Article 1, Texas Constitution

The measure added a new section to Article I of the state constitution. The following underlined text was added

Sec. 36. (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 Section 59, Article XVI, of this constitution. (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 Section 59, Article XVI, of this constitution.

Readability score

See also: Ballot measure readability scores, 2023

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 17, and the FRE is 6. The word count for the ballot title is 17.

Support

Right 2 Farm Texas led the campaign in support of Proposition 1.

Supporters

Officials

• Texas Commissioner of Agriculture Sid Miller (R)

Organizations

• South Texans Property Rights Association
• Texans for Fiscal Responsibility
• Texas Cattle Feeders Association
• Texas Farm Bureau (AGFUND)
• Texas Forestry Association
• Texas Landowners Council
• Texas Nursery & Landscape Association
• Texas Poultry Federation
• Texas Realtors
• Texas Seed Trade Association
• Texas Sheep and Goat Raisers Association
• Texas Wildlife Association
• Travis County Farm Bureau

Arguments

• Texas Farm Bureau President Russell Boening: "Prop 1 isn’t about protecting the past. It’s about ensuring Texans’ access to safe and affordable food in the future. ... The amendment protects all farmers and ranchers—large and small. Only responsible, normal day-to-day agricultural practices are protected, not practices employed by bad actors."
• Reps. DeWayne Burns (R-58), Dustin Burrows (R-83), Mary Gonzalez (D-75), Trent Ashby (R-9), and Diego Bernal (D-123): "Farmers and ranchers who engage in production agriculture within municipal boundaries are being subjected to broad overregulation by municipal ordinances that prohibit and greatly restrict normal practices of agricultural operations, such as the raising and keeping of livestock, the production of hay, and the cultivation of certain row crops. H.J.R. 126 seeks to address this issue and empower landowners in the state by constitutionally protecting their right to engage in certain generally accepted agricultural practices on their own property."
• Texas Commissioner of Agriculture Sid Miller (R): "Proposition 1 would protect the right to farm and ranch in our Constitution, yet still allow for justifiable regulations that protect health and safety, prevent danger to animal health or crop production and conserve our natural resources."

Opposition

Opponents

Organizations

• Farm and Ranch Freedom Alliance
• Humane Society
• Texas Eagle Forum
• True Texas Project

Arguments

• Farm and Ranch Freedom Alliance: "While it sounds good and it will help some farmers who are struggling with unfair government regulations, the amendment goes much too far and will end up hurting both farmers and communities. ... It uses broad language and sets standards that can be used to prevent not only local governments, but state agencies and even future state legislatures from taking action to rein in operations that truly harm their neighbors and communities."
• Texas Eagle Forum: "Texas already has a Right to Farm Statute. Prop. 1 may offer a little more protection to the few farmers located inside an overreaching city’s boundaries, but it also offers Big Agriculture (like Big Pharma and Big Tobacco) the right to harm. America is losing her family farmers as farmland is being gobbled up by a few giant producers. Prop. 1’s biggest proponent touts their support of sustainability, reducing admissions, renewable fuels, and 'climate-smart' efforts (while admitting that they purposely avoid the term “climate change.) This is not bill about small farms – it could serve to support the WEF’s efforts to control YOUR food and their 2030 Agenda. Oklahoma rejected this amendment a few years ago by 60+ %."

Campaign finance

See also: Campaign finance requirements for Texas ballot measures

The campaign finance information on this page reflects the most recently scheduled reports processed by Ballotpedia, which covered through October 31, 2023. The deadline for the next scheduled reports is January 16, 2024.

One committee was registered to support Proposition 1: Right2Farm PAC. The committee reported $1.2 million in contributions. If you are aware of a committee registered to oppose this amendment, please email editor@ballotpedia.org.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$940,759.89	$267,660.75	$1,208,420.64	$763,077.12	$1,030,737.87
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00

Support

The following table includes contribution and expenditure totals for the committee in support of the ballot measure.

Committees in support of Proposition 1
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Right2Farm Texas PAC	$940,759.89	$267,660.75	$1,208,420.64	$763,077.12	$1,030,737.87
Total	$940,759.89	$267,660.75	$1,208,420.64	$763,077.12	$1,030,737.87

Donors

The following table shows the top donors to the committee registered in support of the ballot measure.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Texas Farm Bureau	$100,000.00	$216,141.13	$316,141.13
Texas Nursery & Landscape Association	$118,500.00	$0.00	$118,500.00
Texas Association of Dairyman	$100,000.00	$0.00	$100,000.00
Texas Cattle Feeders Association	$50,000.00	$0.00	$50,000.00
Curtis Ford	$0.00	$36,915.00	$36,915.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Media editorials

See also: 2023 ballot measure media endorsements

Ballotpedia identified the following media editorial boards as taking positions on the proposition.

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.

Support

• San Antonio Express-News Editorial Board: "Proposition 1: This would enshrine farming rights in the state's constitution, offering protection from state and local regulations for generally accepted farming and ranching practices. It would require state and local governments to provide evidence that a regulation is necessary to protect public health from imminent danger. ... Our view: For."
• The Dallas Morning News Editorial Board: "This constitutional amendment would protect the “right to farm” for Texas landowners by raising the bar for state and local regulation of generally accepted farming and ranching practices. It would require municipalities to provide evidence that the regulation is needed to protect the public from danger. RECOMMENDATION: Yes."

Opposition

• Houston Chronicle Editorial Board: "The new language would protect a broad array of operations, including timber, horticulture and wildlife management as well as ranching and farming. The amendment still ensures the state can protect animals and crops from danger. But while the amendment doesn't preclude regulation, it does specify that those regulations have to meet a relatively high legal threshold: 'clear and convincing evidence' that they protect the public from 'imminent danger.' We think that's a step too far. ... Vote 'no' on Proposition 1."
• Fort Worth Star-Telegram Editorial Board: "This would enshrine Texans’ rights to farm, ranch and otherwise productively use land they own. Private property rights are sacred here, but elevating this to the constitution could make it harder to adjudicate disputes around urban growth or protect wildlife. The Legislature and local governments can regulate as needed while still protecting landowners’ rights. Recommendation: Vote against."
• The Austin Chronicle Editorial Board: "Protecting Bad Neighbor Farmers: No. Texas already has a broad Right to Farm statute, which was further broadened in the last legislative session anyway. Adding a constitutional amendment on top of that is not only unnecessary, it also gives an unprecedented level of protection for agricultural businesses that are bad neighbors, creating unreasonably high standards for cities to sue over threats to public health like overuse of pesticides."
• Austin American-Statesman Editorial Board: "Where is the need for Proposition 1 to effectively deregulate these industries? We see no reason to change the current regulatory landscape that balances the interests of farmers as well as their neighbors and the environment. Vote 'No.'"

Background

Texas Protection and Preservation of Agricultural Operations Statute

In 1981, the Texas State Legislature passed the Protection and Preservation of Agricultural Operations Statute which limits the circumstances under which an agricultural operation may be considered a nuisance. Agricultural operations include soil cultivation, farming, animal feed, planting seeds, floriculture, viticulture, horticulture, silviculture, wildlife management, raising livestock, and grain storage facilities.

Constitutional amendments on food, farming, and harvesting

Right to farm amendments

At the time of the election, two other states — Missouri and North Dakota — had adopted right-to-farm constitutional amendments. North Dakotans adopted a citizen-initiated amendment in 2012 by a vote of 66.89% to 33.11%. The measure, sponsored by the North Dakota Farm Bureau, called for a constitutional amendment that would block any law "which abridges the right of farmers and ranchers to employ agricultural technology, modern livestock production and ranching practices."

Voters in Missouri adopted the legislatively referred constitutional amendment in Aug. 2014 by a vote of 50.12% to 49.88%. The measure explicitly guarantees farmers and ranchers the right to engage in farming and ranching practices. The right to farm was protected from nuisance suits by Section 537.295 of the Missouri Revised Statutes at the time of the election.

In 2016, Oklahomans defeated a similar amendment placed on the ballot by the legislature by a vote of 60.29% to 39.71%. State Question 777 was designed to require the courts to apply strict scrutiny—the same standard used in cases concerning free speech, gun ownership, and religious freedom—to lawsuits concerning agriculture and livestock.

Right to produce and harvest amendment

In 2021, Maine was the first state to adopt an amendment to establish a state right to growing, raising, harvesting, and producing food, as long as an individual does not commit trespassing, theft, poaching, or abuses to private land, public land, or natural resources. It was approved with 60.84% of the vote.

Right to sell produce

In 1906, voters in Minnesota approved a constitutional amendment that created a right for persons to "sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefore." The amendment was approved with 84.85% of the vote.

Right to hunt and fish amendments

See also: Right to hunt and fish constitutional amendments

As of January 2023, 23 states had constitutional provisions providing for the right to hunt and fish. Vermont was the first state to constitutionalize such a right in 1777. The other 22 states had all adopted right to hunt and fish amendments since 1996. The following is a list of states with constitutional amendments establishing the right to hunt and fish:

• 1777: Vermont
• 1996: Alabama
• 1998: Minnesota
• 2000: North Dakota
• 2000: Virginia
• 2003: Wisconsin
• 2004: Louisiana
• 2004: Montana
• 2006: Georgia
• 2008: Oklahoma
• 2010: Arkansas
• 2010: South Carolina
• 2010: Tennessee
• 2012: Idaho
• 2012: Kentucky
• 2012: Nebraska
• 2012: Wyoming
• 2014: Mississippi
• 2015: Texas
• 2016: Indiana
• 2016: Kansas
• 2018: North Carolina
• 2020: Utah

The state constitutions of California and Rhode Island included amendments guaranteeing the right to fish, but not to hunt.

Referred measures on the Texas ballot

See also: List of Texas ballot measures

In Texas, a total of 281 ballot measures appeared on statewide ballots between 1985 and 2022. Two hundred forty-eight ballot measures were approved, and 33 ballot measures were defeated.

Texas statewide ballot measures, 1985-2022
Total number	Annual average	Annual minimum	Annual maximum	Approved		Defeated
				#	%	#	%
281	6.39	0	22	248	88.26	33	11.74

Texas ballot measures in odd-numbered years

Between 1995 and 2021, Texans decided on 175 statewide ballot measures appearing on odd-numbered year ballots. Voters approved 160 measures and defeated 15.

Path to the ballot

See also: Amending the Texas Constitution

To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the Texas State Senate and the Texas House of Representatives.

This amendment was introduced as House Joint Resolution 126 on February 24, 2023. On April 10, 2023, the state House passed HJR 126 by a vote of 144-0 with six not voting. On May 4, 2023, the state Senate passed HJR 126 by a vote of 31-0.

Vote in the Texas House of Representatives April 10, 2023
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 100  a
	Yes	No	Not voting
Total	144	0	6
Total percent	96.0%	0.0%	4.0%
Democrat	61	0	3
Republican	83	0	3

Vote in the Texas State Senate May 4, 2023
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 21  a
	Yes	No	Not voting
Total	31	0	0
Total percent	100.0%	0.0%	0.0%
Democrat	12	0	0
Republican	19	0	0

See also

2023 measures

• 2023 ballot measures
• Natural resources on the ballot
• Constitutional rights on the ballot
• 2023 legislative sessions

Texas

• Texas ballot measures
• Texas ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

How to cast a vote

See also: Voting in Texas

Click "Show" to learn more about voter registration, identification requirements, and poll times in Texas.

How to cast a vote in Texas

Poll times In Texas, all polling places are open from 7 a.m. to 7 p.m. Central Time. An individual who is in line at the time polls close must be allowed to vote. Texas is divided between Central and Mountain time zones. Registration Check your voter registration status here. To register to vote in Texas, an applicant must be a United States citizen, a resident of the county in which he or she is registering, and at least 17 years and 10 months old. The deadline to register to vote is 30 days before the election. Prospective voters can request a postage-paid voter registration form online or complete the form online and return it to the county voter registrar. Applications are also available at a variety of locations including the county voter registrar’s office, the secretary of state’s office, libraries, and high schools. Voter registration certificates are mailed to newly registered voters. Automatic registration Texas does not practice automatic voter registration. Online registration See also: Online voter registration Texas does not permit online voter registration. Same-day registration Texas does not allow same-day voter registration. Residency requirements Prospective voters must reside in the county in which they are registering to vote. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Texas does not require proof of citizenship for voter registration. Section 18.068 of the Texas Election Code says the following: “ The secretary of state shall quarterly compare the information received under Section 16.001 of this code and Section 62.113, Government Code, to the statewide computerized voter registration list. If the secretary determines that a voter on the registration list is deceased or has been excused or disqualified from jury service because the voter is not a citizen, the secretary shall send notice of the determination to the voter registrar of the counties considered appropriate by the secretary. ” —Section 18.068, Texas Election Code In January 2019, the Texas secretary of state’s office announced that it would be providing local election officials with a list of registered voters who obtained driver’s licenses or IDs with documentation such as work visas or green cards. Counties would then be able to require voters on the list to provide proof of citizenship within 30 days. The review was halted by a federal judge in February 2019, and Secretary of State David Whitley rescinded the advisory in April. A news release from Whitley’s office stated that “... going forward, the Texas Secretary of State's office will send to county voter registrars only the matching records of individuals who registered to vote before identifying themselves as non-U.S. citizens to DPS when applying for a driver's license or personal identification card. This will ensure that naturalized U.S. citizens who lawfully registered to vote are not impacted by this voter registration list maintenance process.” Verifying your registration The Texas Secretary of State’s office allows residents to check their voter registration status online by visiting this website. Voter ID requirements Texas requires voters to present photo identification while voting. The following list of accepted ID was current as of February 2023. Click here for the Texas Secretary of State's page on accepted ID to ensure you have the most current information. Texas driver’s license issued by the Texas Department of Public Safety (DPS) Texas Election Identification Certificate issued by DPS Texas Personal Identification Card issued by DPS Texas handgun license issued by DPS United States Military Identification Card containing the person’s photograph United States Citizenship Certificate containing the person’s photograph United States passport (book or card) Identification provided by voters aged 18-69 may be expired for no more than four years before the election date. Voters aged 70 and older can use an expired ID card regardless of how long ago the ID expired. Voters who are unable to provide one of the ID options listed above can sign a Reasonable Impediment Declaration and provide one of the following supporting documents: Copy or original of a government document that shows the voter’s name and an address, including the voter’s voter registration certificate Copy of or original current utility bill Copy of or original bank statement Copy of or original government check Copy of or original paycheck Copy of or original of (a) a certified domestic (from a U.S. state or territory) birth certificate or (b) a document confirming birth admissible in a court of law which establishes the voter’s identity (which may include a foreign birth document) The following voters are exempt from showing photo ID: Voters with a disability Voters with a disability "may apply with the county voter registrar for a permanent exemption to presenting an acceptable photo identification or following the Reasonable Impediment Declaration procedure in the county." Voters who have a religious objection to being photographed Voters who do not have a photo ID can obtain a Texas Election Identification Certificate (EIC) at any Texas driver’s license office during regular business hours. Voters can also obtain an Election Identification Certificate from a mobile station. Locations are listed here.

External links

• Texas House Joint Resolution 126