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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a political subdivision to regulate |
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the removal by a landowner of noxious or invasive plant species or |
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brush species detrimental to water conservation from the |
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landowner's property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 71.153(a), Agriculture Code, is amended |
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to read as follows: |
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(a) A political subdivision may not adopt an ordinance or |
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rule that: |
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(1) restricts the planting, sale, or distribution of |
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noxious or invasive plant species; or |
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(2) prohibits or limits the removal by a landowner of a |
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noxious or invasive plant species located on the landowner's |
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property if the property is: |
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(A) a homestead; |
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(B) designated for agricultural use under |
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Chapter 23, Tax Code; or |
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(C) a single family residential property. |
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SECTION 2. Subchapter C, Chapter 203, Agriculture Code, is |
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amended by adding Section 203.0555 to read as follows: |
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Sec. 203.0555. LOCAL REGULATION OF NOXIOUS BRUSH. (a) In |
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this section, "noxious brush" means brush designated by the board |
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as an eligible brush species detrimental to water conservation for |
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purposes of implementing the state water supply enhancement plan. |
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(b) Notwithstanding any other law, a municipality or county |
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may not adopt or enforce an ordinance, order, rule, or other |
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regulation that prohibits or limits the removal by a landowner of |
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any noxious brush located on the landowner's property if the |
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property is: |
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(A) a homestead; |
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(B) designated for agricultural use under |
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Chapter 23, Tax Code; or |
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(C) a single family residential property. |
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SECTION 3. This Act takes effect September 1, 2019. |