Bill Text: TX HB3582 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to agriculture, including the regulation of seed by a political subdivision and the abolition of certain entities associated with the Department of Agriculture.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2017-05-19 - Committee report printed and distributed [HB3582 Detail]
Download: Texas-2017-HB3582-Comm_Sub.html
| By: Paddie (Senate Sponsor - Buckingham) | H.B. No. 3582 | |
| (In the Senate - Received from the House May 5, 2017; | ||
| May 8, 2017, read first time and referred to Committee on | ||
| Agriculture, Water & Rural Affairs; May 19, 2017, reported | ||
| adversely, with favorable Committee Substitute by the following | ||
| vote: Yeas 7, Nays 0; May 19, 2017, sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR H.B. No. 3582 | By: Perry | |
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| relating to agriculture, including the regulation of seed by a | ||
| political subdivision and the abolition of certain entities | ||
| associated with the Department of Agriculture. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. LOCAL REGULATION OF SEED. (a) 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: | ||
| (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. | ||
| (b) Section 61.019(b), Agriculture Code, as added by this | ||
| section, applies to an order, ordinance, or other measure adopted | ||
| before, on, or after the effective date of this Act. | ||
| SECTION 2. AGRICULTURE POLICY BOARD. (a) The Agriculture | ||
| Policy Board is abolished. | ||
| (b) Section 2.004, Agriculture Code, is repealed. | ||
| SECTION 3. TEXAS BIOENERGY POLICY COUNCIL; TEXAS BIOENERGY | ||
| RESEARCH COMMITTEE. (a) The Texas Bioenergy Policy Council and the | ||
| Texas Bioenergy Research Committee are abolished. | ||
| (b) Chapter 50D, Agriculture Code, is repealed. | ||
| SECTION 4. PROPERTY, RECORDS, OR OTHER ASSETS. If an entity | ||
| that is abolished by this Act has property, records, or other | ||
| assets, including unspent and unobligated appropriations, the | ||
| Department of Agriculture shall take custody of the entity's | ||
| property, records, or other assets. | ||
| SECTION 5. EFFECTIVE DATE. This Act takes effect September | ||
| 1, 2017. | ||
| * * * * * | ||
