By: Paddie (Senate Sponsor - Buckingham) H.B. No. 3582
(In the Senate - Received from the House May 5, 2017;
May 8, 2017, read first time and referred to Committee on
Agriculture, Water & Rural Affairs; May 19, 2017, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 7, Nays 0; May 19, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 3582 By: Perry
A BILL TO BE ENTITLED
AN ACT
relating to agriculture, including the regulation of seed by a
political subdivision and the abolition of certain entities
associated with the Department of Agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. LOCAL REGULATION OF SEED. (a) Chapter 61,
Agriculture Code, is amended by adding Section 61.019 to read as
follows:
Sec. 61.019. LOCAL REGULATION OF SEED PROHIBITED. (a)
Notwithstanding any other law and except as provided by Subsection
(c), a political subdivision may not adopt an order, ordinance, or
other measure that regulates agricultural seed, vegetable seed,
weed seed, or any other seed in any manner, including planting seed
or cultivating plants grown from seed.
(b) An order, ordinance, or other measure adopted by a
political subdivision that violates Subsection (a) is void.
(c) A political subdivision may take any action otherwise
prohibited by this section to:
(1) comply with any federal or state requirements;
(2) avoid a federal or state penalty or fine;
(3) attain or maintain compliance with federal or
state environmental standards, including state water quality
standards; or
(4) implement a:
(A) water conservation plan;
(B) drought contingency plan; or
(C) voluntary program as part of a conservation
water management strategy included in the applicable regional water
plan or state water plan.
(d) Nothing in this section preempts or otherwise limits the
authority of any county or municipality to adopt and enforce zoning
regulations, fire codes, building codes, storm water regulations,
nuisance regulations as authorized by Section 342.004, Health and
Safety Code, or waste disposal restrictions.
(b) Section 61.019(b), Agriculture Code, as added by this
section, applies to an order, ordinance, or other measure adopted
before, on, or after the effective date of this Act.
SECTION 2. AGRICULTURE POLICY BOARD. (a) The Agriculture
Policy Board is abolished.
(b) Section 2.004, Agriculture Code, is repealed.
SECTION 3. TEXAS BIOENERGY POLICY COUNCIL; TEXAS BIOENERGY
RESEARCH COMMITTEE. (a) The Texas Bioenergy Policy Council and the
Texas Bioenergy Research Committee are abolished.
(b) Chapter 50D, Agriculture Code, is repealed.
SECTION 4. PROPERTY, RECORDS, OR OTHER ASSETS. If an entity
that is abolished by this Act has property, records, or other
assets, including unspent and unobligated appropriations, the
Department of Agriculture shall take custody of the entity's
property, records, or other assets.
SECTION 5. EFFECTIVE DATE. This Act takes effect September
1, 2017.
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