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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. |
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(a) Notwithstanding any other law and except as provided by |
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Subsection (c), a political subdivision may not adopt an order, |
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ordinance, or other measure that regulates agricultural seed, |
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vegetable seed, weed seed, or any other seed in any manner, |
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including planting seed 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: |
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(A) water conservation plan; |
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(B) drought contingency plan; or |
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(C) voluntary program as part of a conservation |
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water management strategy included in the applicable regional water |
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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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1172 passed the Senate on |
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April 3, 2017, by the following vote: Yeas 30, Nays 1; |
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May 25, 2017, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 26, 2017, House |
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granted request of the Senate; May 28, 2017, Senate adopted |
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Conference Committee Report by the following vote: Yeas 27, |
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Nays 3. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1172 passed the House, with |
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amendments, on May 22, 2017, by the following vote: Yeas 135, |
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Nays 10, two present not voting; May 26, 2017, House granted |
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request of the Senate for appointment of Conference Committee; |
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May 28, 2017, House adopted Conference Committee Report by the |
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following vote: Yeas 145, Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |