By Lauren Fairbanks and J Pete Laney
TAD governmental relations
As legislators prepare for the 90th legislative session, the Texas Association of Dairymen governmental relations team continues to monitor pressing issues and legislative developments impacting Texas. Interim hearings are slowing down as the general election comes into view. Early voting is right around the corner, when polls open Monday, Oct. 19, followed closely by Election Day on Nov. 3. To review the candidates on the upcoming ballot, see here. We’ll have a full breakdown of the election outcome and what it means going into the 90th Legislature in next month’s report.
Dyed Diesel Proclamation
On Sept. 28, Gov. Greg Abbott waived restrictions and penalties on the use of dyed diesel on public highways and suspended weight limits for fuel, crop and timber loads, allowing for gross vehicle weights of up to 95,000 pounds. This proclamation gives farmers and truckers the ability to use dyed diesel, an off-road diesel fuel dyed red and typically used in agricultural operations, to help offset record-high fuel prices. Because dyed diesel is intended for off-road use, it is exempt from state motor fuel taxes and typically prohibited on public highways.
This emergency proclamation temporarily allows its use on public roads without altering the fuel-tax laws and waives the penalties that would normally apply. This proclamation also suspends Texas Low Emission Diesel rules on low-emission diesel fuel. In addition, the governor sent a letter to the U.S. Environmental Protection Agency requesting federal regulations, including requirements related to ultra-low sulfur diesel, would be temporarily adjusted to provide additional relief during the fuel shortage.
On Oct. 5, U.S. Secretary of Agriculture Brooke Rollins issued a statement regarding President Trump’s order to lift taxes on dyed diesel. According to the statement, this executive order is expected to represent around $640 million in combined federal and state fuel tax savings across 224.6 million harvested acres. This tax relief is a projection of the money that diesel consumers would save from the temporary removal of federal fuel tax payments and the postponed fuel tax at the state-level where it applies.
Also on Oct. 5, the EPA, in consultation with U.S. Department of Energy, issued a temporary waiver in response to the state’s request. The waiver temporarily lifts federal State Implementation Plan TX-Low Emissions Diesel standards and ultra-low sulfur diesel requirements to allow the use of higher sulfur diesel in certain older diesel vehicles and nonroad equipment. The waiver will be effective through Oct. 24, the maximum 20 days allowed under the Clean Air Act. EPA will continue monitoring supply conditions with state and industry partners and stands ready to extend the waiver if warranted. The Texas waiver letter is available here.
New World Screwworm (NWS) Update
As NWS remains an imminent threat to the state’s livestock industry, Gov. Abbott announced on Sept. 2 a proclamation extending the disaster declaration to all Texas counties. Reports of new cases have been slowing and, as of this writing, there are only three active cases in Texas.
The USDA and Texas Animal Health Commission (TAHC) both continue to work to combat NWS. TAHC established new NWS requirements for animals moving from affected states into Texas, while the USDA recently confirmed the first successful trapping of a wild NWS fly in Brewster County and reported a release of over one billion sterile flies.
While Texas remains vigilant, the lack of new cases has led the TAHC to release a number of infestation zones in recent weeks, lifting animal movement restrictions. To stay up to date with the latest released Infested Zones, view all orders here under the “Released Area Executive Director Orders” tab.
The Santa Teresa International Livestock Crossing in New Mexico, the largest cattle port of entry in the U.S., reopened on Sept. 24 after being closed since May 2025. On the first day of the reopening, around 400 head of cattle crossed, with the goal of increasing to 3,000 head per day. Among the safety protocols put in place, inspections also include newly trained dogs that can detect screwworms present in cattle. According to the USDA Import Report, around 8,450 head of cattle were imported from Mexico into the U.S. as of the week of Oct. 5.
Data Center Update
Gov. Abbott has directed the Texas Water Development Board (TWDB) to order data center developers to disclose their water usage to the state. In his letter, he indicated major water users have failed to provide the TWDB information regarding water usage and lists the penalty code for failure to comply. Companies who fail to comply will be prohibited from being granted an operating permit. The Texas Commission on Environmental Quality (TCEQ) also was directed by the governor to halt approval of all data center permits until the Electric Reliability Council of Texas (ERCOT) completes its audit. PUC, ERCOT and the TWDB all require audits for informed decision making. In the governor’s letter, TCEQ is required to inform his office of this directive by Oct. 19.
TAHC Cattle Fever Tick Quarantine Zones
As of Oct. 9, cattle fever tick zones are established in eight counties in South Texas. For more information on zoning and moving requirements, see here.
Around the Capitol
Comptroller Don Huffines (R) signed an executive order, abolishing double taxation of marketplace and platform fees. This rule ends taxes on fees tied to products sold on online platforms, ride-share and transportation services, and many other personal or errand-running services.
The House Committee on Agriculture and Livestock, chaired by Rep. Ryan Guillen (R-Rio Grande) met on Oct. 2 to review the detection and management of invasive species impacting Texas agriculture and Texas agricultural marketing programs such as Go Texan and producer checkoff programs. The committee also heard testimony on the risks posed by feral hogs, crop pests, pasture mealybug, ticks and NWS and the need for continued research, response, monitoring and solutions.
Feral hogs, present in 250 of Texas’ 254 counties and causing hundreds of millions of dollars in annual agricultural damage, highlight the need for stronger movement enforcement and expanded use of technology and private markets for removal. Texas Parks and Wildlife described feral hogs as a major threat to water, habitat, wildlife and biodiversity, as they also harbor several diseases.
Cattle fever ticks and Asian longhorn ticks pose serious threats to U.S. cattle herds, prompting discussion of prevention and eradication strategies such as treated feed, quarantine incentives, and improved diagnostics.
The pasture mealybug, first documented in Texas in 2025 and now present in over 110 counties, poses a potential multibillion-dollar threat to forage and livestock.
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