Sec. 61.009.  GERMINATION AND PURITY TESTING.  (a)  All agricultural or vegetable seed sold or offered, exposed, or transported for sale in this state shall be tested to determine the percentage of germination.
(b)  Except as otherwise provided by this subsection, the germination test shall be performed within nine months, not including the calendar month in which the test was completed, immediately prior to being sold or offered, exposed, or transported for sale.  The department by rule may designate a period of time longer than nine months if the department finds that the seed is packaged in a container or under conditions that will maintain the viability of the seed under ordinary conditions of handling during the longer period of time.
(c)  At the request of a farmer or dealer, the department may conduct or provide for the testing of seed for purity and germination.  The department may fix by rule and collect fees for tests made under this subsection.
Acts 1981, 67th Leg., p. 1129, ch. 388, Sec. 1, eff. Sept. 1, 1981.