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What is Proposition 1?

What is
Proposition 1?

Proposition 1, also known as the Right to Farm and Ranch Amendment, is a proposed amendment to the Texas state constitution. Its purpose is to formally enshrine and protect the fundamental rights of landowners and lessees to participate in commonly accepted agricultural practices on their own properties.

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.

Proposition 1, also known as the Right to Farm and Ranch Amendment, is a proposed amendment to the Texas Constitution. It formally protects the rights of landowners and lessees to participate in commonly accepted agricultural practices on their own property. It also ensures that farmers and ranchers will protect the public safety, animal welfare, and the environment.

Read a quick explanation of Proposition 1.

Read the full language of Proposition 1.

This amendment is of particular importance now. As Texas’ urban communities grow, so does their proximity to some of our state’s most productive agricultural land. A number of (or Some) Texas municipalities have saddled farmers and ranchers with unjustified regulation, fines, and other restrictions that limit or prohibit agricultural activities when there is no real evidence it is a danger to the public. These restrictions threaten Texas’ agricultural production and the livelihoods of our farmers and ranchers. And, it threatens our food security.

Prop 1 stops this regulatory abuse by requiring state and local government to provide a higher standard of evidence to support their regulation.  Prop 1 will require “clear and convincing evidence” that a farm and ranch practice is an “imminent threat” to the public.

Proposition 1 protects these farmers and ranchers, and it does so responsibly. The amendment maintains the current authority of the legislature to prevent a bad actor from causing an imminent danger to public health and safety, endangering animal health or crop production, or harming Texas’ natural resources. The proposed ballot measure passed through the 88th Texas Legislature unanimously, without a single no vote!

By protecting the right to engage in farming, ranching, timber production, horticulture, and wildlife management, Proposition 1 ensures the continuity and prosperity of these essential Texas practices. It secures the livelihoods of hardworking farmers and ranchers, allowing them to continue contributing to the state’s economy, food production, and environmental preservation. Proposition 1 provides stability and certainty for the future of agricultural operations, promoting investment, innovation, and the passing down of agricultural traditions to future generations.

Ultimately, Proposition 1 is about preserving Texans’ access to safe and affordable food in the future. That’s important for all Texans, regardless of where you live.

On November 7th, 2023, support the Right to Farm and Ranch Amendment by voting YES on Proposition 1. Together, let’s protect the future of Texas agriculture!

Visit the additional resources page for more information on voting and volunteering.

The amendment, as stated in Section 36 of Article I of the Texas Constitution, ensures that individuals have the freedom to engage in various agricultural activities such as farming, ranching, timber production, horticulture, and wildlife management. This guarantees the continuation of these essential practices that have been integral to our state’s heritage and economy for generations.

This amendment is of particular importance now, as we see our state becomes increasingly urbanized with many local officials who may lack understanding of agriculture and who often prioritize tax revenue over agricultural needs. We have also seen certain municipalities enacting ordinances and zoning restrictions that limit or even prohibit the use of undeveloped land for agricultural purposes. Among other issues, these actions lead directly to a loss of open-space valuation as the required level of agricultural activity could not be sustained.

Election day is November 7, 2023, and Texas voters will have the opportunity to make their voices heard by casting their ballots in support of the Right to Farm and Ranch Amendment. Early voting will be available from Monday, October 23, 2023, through Friday, November 3, 2023, giving Texans ample time to exercise their right to vote and contribute to the future of agriculture in our great state.

We encourage all Texans to join us in securing the future of agriculture and preserving our rich agricultural traditions by voting in favor of Proposition 1. Together, let’s protect the right to engage in farming, ranching, timber production, horticulture, and wildlife management, ensuring a thriving agricultural future for Texas.

Please explore our website to learn more about the importance of Proposition 1, the benefits it brings to our state, and how you can actively support this important amendment. Remember to mark your calendars for November 7, 2023, and take advantage of the early voting period from October 23, 2023, to November 3, 2023. Your vote matters in securing the future of Texas agriculture.

Frequently Asked Questions

Food and fiber are two of our most basic daily needs. Those who produce that food and fiber need protection from regulatory overreach and the political agenda of activist groups. About 97% of farms and ranches in Texas — both large and small — are family operations. Prop 1 protects all of them. The state is expected to grow by another 18 million people over the next 20 years. It’s important to ensure the ability to provide the food and fiber this growing state and nation needs.

Small farmers and ranchers are the most vulnerable to regulatory overreach. Their operations can’t sustain the time or money it takes to challenge a bad regulation. Courts have set an extremely high standard to where it is almost impossible to overturn a regulation or be compensated for business losses caused by a regulation. This is why small farmers and ranchers need governmental entities to provide clear and convincing evidence a regulation is needed.

“Generally accepted” is a commonly used legal term and is used in the Penal Code to describe livestock practices that are not animal cruelty. In Prop 1, it simply means the normal day-to-day practices used by farmers and ranchers.

No. Environmental regulations enforced by state agencies are often based upon federal law, which supersedes state law, including the state constitution. Prop 1 recognizes the authority of the state or political subdivision to preserve or conserve the state’s natural resources. Prop 1 also does not affect regulation of chemicals because these chemicals are regulated by the U.S. Environmental Protection Agency under federal law, which trumps the Texas Constitution and other state laws.

No. Prop 1 only protects “generally accepted” practices. Under the Penal Code, only “generally accepted” livestock practices are not animal cruelty. Anything outside of generally accepted practices would be animal cruelty and could be prosecuted.

It sets a clear standard for regulating a farm or ranch practice when there is an actual threat to the public. “Clear and convincing evidence” means there is a “firm belief or conviction” the regulation is needed. “Imminent danger” is a situation reasonably expected to cause death or serious physical harm.

For example, not properly maintaining a fence may allow livestock to escape and cause an accident. It is “clear and convincing” that it is an “imminent danger” to the public to allow livestock to escape. So, fencing regulations would meet this standard.

Courts give great leeway to government regulations. You have to prove they had no basis to adopt the regulation, which is extremely difficult. Governmental entities almost always can produce some reason for a regulation. Prop 1 will require they provide clear and convincing evidence.

Disease, pests and potential misuse of chemicals would be harmful, and in some circumstances devastating, to agriculture. Therefore, it needs to be clear that the rights under this constitutional amendment do not allow someone to engage in practices that could jeopardize agriculture. It also ensures the state can prevent animal cruelty.

No. Wildlife are a public resource owned by the state. Prop 1 provides a right to generally accepted practices on property owned or leased by the person. No person in Texas owns the state’s wildlife. In addition, the state has clear authority to regulate the use of its natural resources under the state constitution, and Prop 1 recognizes that authority.

No. Prop 1 specifically recognizes the authority of a state agency or political subdivision to preserve or conserve the state’s natural resources under the Conservation Amendment of the state constitution. It is the basis of the authority to regulate the use of surface water and groundwater.

Want to learn more about how you can get involved?
Join the effort to protect the future of Texas agriculture!

Want to learn more about how you can get involved? Join the effort to protect the future of Texas agriculture!

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Right2Farm Texas PAC
1108 Lavaca St STE 110, PMB 310
Austin, TX 78701

Pol. Adv. Paid for by Right2Farm Texas PAC