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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of seed by a political subdivision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 61, Agriculture Code, is amended by |
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adding Section 61.019 to read as follows: |
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Sec. 61.019. LOCAL REGULATION OF SEED PROHIBITED. (a) |
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Notwithstanding any other law and except as provided by Subsection |
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(c), a political subdivision may not adopt an order, ordinance, or |
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other measure that regulates agricultural seed, vegetable seed, |
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weed seed, or any other seed in any manner, including planting seed |
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or cultivating plants grown from seed. |
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(b) An order, ordinance, or other measure adopted by a |
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political subdivision that violates Subsection (a) is void. |
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(c) A political subdivision may take any action otherwise |
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prohibited by this section to: |
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(1) comply with any federal or state requirements; |
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(2) avoid a federal or state penalty or fine; |
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(3) attain or maintain compliance with federal or |
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state environmental standards, including state water quality |
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standards; or |
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(4) implement a voluntary program as part of a |
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conservation water management strategy included in the applicable |
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regional water plan or state water plan. |
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(d) Nothing in this section preempts or otherwise limits the |
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authority of any county or municipality to adopt and enforce zoning |
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regulations, fire codes, building codes, storm water regulations, |
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nuisance regulations as authorized by Section 342.004, Health and |
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Safety Code, or waste disposal restrictions. |
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SECTION 2. Section 61.019(b), Agriculture Code, as added by |
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this Act, applies to an order, ordinance, or other measure adopted |
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before, on, or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |