By: Perry S.B. No. 1172
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of seed by a political subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 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, nuisance regulations as
authorized by Section 342.004, Health and Safety Code, or waste
disposal restrictions.
SECTION 2. Section 61.019(b), Agriculture Code, as added by
this Act, applies to an order, ordinance, or other measure adopted
before, on, or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2017.