FORT WORTH, Texas — Voters Tuesday will decide whether the Texas constitution should include the "right to farm," which would make it harder for local governments to regulate agricultural land.
Polls open at 7 a.m. and close at 7 p.m.
Some farmers contend the Proposition 1 would protect their operations from rapidly-growing cities that are annexing land historically used for agricultural purposes.
"It's just going to allow farmers and ranchers to continue to do what they do," Texas Farm Bureau President Russell Boening told WFAA.
The "right to farm" already exists in state law. Enshrining the concept in the constitution would make the language harder to amend or delete.
Boening said the proposal would protect farmers from "burdensome" regulations. For example, a city ordinance restricting grass height could not apply to a hay farmer who needs a tall crop.
"That just doesn't work in today's world," said Boening.
Cities could still bar agricultural practices that are not "generally accepted," a broad definition that concerns some of the proposal's opponents.
"There is a very real problem with cities over-regulating farms based on things they shouldn't," Farm and Ranch Freedom Alliance Executive Director Judith McGeary said. "But this swings it too far in the opposite direction."
Municipalities could only regulate agricultural activity that presents "imminent danger" to public health and safety. Cities would have to present "clear and convincing evidence," a high legal bar often used in fraud cases, to support their argument.
If the amendment passes, "there will be farmers who need the help, who should be helped, who get helped," McGeary predicted.
"But there will also be, quite possibly, neighbors and communities who find they are facing serious problems with large feed lots or over-spraying and are left powerless to address it," she continued.
The amendment would not supersede state or federal regulations, including rules on chemical treatments and animal cruelty.
"It comes down to, 'What is a threat to human health and public safety?'" Boening said. "If there's an imminent threat to public health and public safety then, of course, there needs to be an ordinance."
Boening argues approving the amendment is a key step toward protecting Texas's food supply.
"As long as we can keep this land in ag production, we can continue to feed ourselves," he said. "We can continue to clothe ourselves."