86R24405 NC-D
By: Springer H.B. No. 969
Substitute the following for H.B. No. 969:
By: Burns C.S.H.B. No. 969
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a political subdivision to regulate
the removal by a landowner of noxious or invasive plant species or
brush species detrimental to water conservation from the
landowner's property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 71.153(a), Agriculture Code, is amended
to read as follows:
(a) A political subdivision may not adopt an ordinance or
rule that:
(1) restricts the planting, sale, or distribution of
noxious or invasive plant species; or
(2) prohibits or limits the removal by a landowner of a
noxious or invasive plant species located on the landowner's
property if the property is:
(A) a homestead;
(B) designated for agricultural use under
Chapter 23, Tax Code; or
(C) a single family residential property.
SECTION 2. Subchapter C, Chapter 203, Agriculture Code, is
amended by adding Section 203.0555 to read as follows:
Sec. 203.0555. LOCAL REGULATION OF NOXIOUS BRUSH. (a) In
this section, "noxious brush" means brush designated by the board
as an eligible brush species detrimental to water conservation for
purposes of implementing the state water supply enhancement plan.
(b) Notwithstanding any other law, a municipality or county
may not adopt or enforce an ordinance, order, rule, or other
regulation that prohibits or limits the removal by a landowner of
any noxious brush located on the landowner's property if the
property is:
(A) a homestead;
(B) designated for agricultural use under
Chapter 23, Tax Code; or
(C) a single family residential property.
SECTION 3. This Act takes effect September 1, 2019.