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:
(A) water conservation plan;
(B) drought contingency plan; or
(C) 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, storm water regulations, nuisance regulations as authorized by Section 342.004, Health and Safety Code, or waste disposal restrictions.
Added by Acts 2017, 85th Leg., R.S., Ch. 736 (S.B. 1172), Sec. 1, eff. September 1, 2017.
Structure Texas Statutes
Title 5 - Production, Processing, and Sale of Horticultural Products
Subtitle A - Seed and Fertilizer
Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed
Section 61.002. Administration; Rules
Section 61.003. Classification of Seeds
Section 61.004. Labeling of Agricultural Seed
Section 61.005. Labeling of Vegetable Seed
Section 61.006. Labeling of Treated Seed
Section 61.007. Certified Seed
Section 61.008. Noxious Weed Content
Section 61.009. Germination and Purity Testing
Section 61.010. Inspection of Seed
Section 61.011. Agricultural Seed Inspection Fee and Permit
Section 61.012. Cancellation or Revocation of Agricultural Seed Permit
Section 61.013. Vegetable Seed License
Section 61.0135. Revocation, Modification, or Suspension of License
Section 61.014. Stop-Sale Order