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.