A major focus of this year’s advocacy effort was support for the proposed “Certified Seasonal Employer” language currently being discussed in federal appropriations negotiations. 

The Certified Seasonal Employer proposal is designed to reward businesses that have consistently followed the rules and responsibly used the H-2B program over multiple years. Under the proposal, employers that have received H-2B labor certifications for the past five years would be allowed to maintain access to the highest number of seasonal workers they were previously certified for without those workers counting against the annual H-2B cap. 

One way to think about it is this: businesses that have proven year after year they are compliant, dependable, and operating legally would no longer have to “re-enter the lottery” every season just to maintain the same workforce levels they have historically relied upon. 

Currently, the H-2B program has an annual visa cap of 66,000 per fiscal year that has not been updated in decades despite major economic growth and increased workforce demand. The proposed language would reward long-time, compliant employers (certified for the last five years) instead of forcing them to compete under the same uncertainty each season. These workers would not be included in the cap. ​

The Certified Seasonal Employer language is currently being discussed as part of the Fiscal Year 2027 Department of Homeland Security (DHS) Appropriations process in Congress. 

Rather than moving as a standalone immigration bill, the proposal is being pursued through the federal appropriations process because Congress frequently uses annual funding legislation to address operational H-2B issues and cap relief measures. In this case, industry groups are advocating for the language to be included in the baseline DHS Appropriations bill because DHS oversees key parts of the H-2B program, including visa allocation and administration. 

The proposal has already gained significant attention in Washington. According to industry briefings shared during the fly-in, the White House previously supported inclusion of the Certified Seasonal Employer language during earlier federal funding negotiations, and advocates are continuing to push for its inclusion in the final FY27 DHS funding package. 

This means the current focus is on educating Congressional offices, appropriations staff, and committee leadership about why workforce certainty is critical for seasonal employers and why long-time, compliant businesses should receive more predictability within the H-2B process. 
​
For TNLA members, the issue is not simply about increasing workforce numbers; it is about creating a more stable and predictable system that allows responsible employers to better plan projects, retain year-round employees, and continue supporting Texas’ growing economy. ​

For TNLA members, success would mean: 

• More workforce certainty for seasonal employers 

• Better project planning and scheduling 

• Reduced operational disruptions during peak seasons 

• Greater ability to retain and hire year-round American workers 

• Continued support for Texas’ growing economy and infrastructure needs 

Most importantly, members wanted policymakers to hear directly from businesses experiencing these workforce challenges every day. 

​TNLA appreciates the members who traveled to Washington to ensure the voice of Texas’ green industry was represented on Capitol Hill. ​

Landscape & Irrigation Best Practices (Master Valves) 
A recommendation was approved to require installation of master valves on all new landscape irrigation systems. These devices help prevent water loss from leaks and system failures and are considered a low-cost, high-impact conservation tool when installed upfront. 
 
Member impact: Contractors and irrigation professionals may see increased demand for master valve installation and should be aware of evolving expectations. 
 
Statewide Evapotranspiration (ET) Network 
 
WCAC is recommending that the Legislature provide additional funding to the Texas Water Development Board (TWDB) to expand and support a statewide evapotranspiration (ET) network within the TexMesonet program. 
 
Evapotranspiration (ET) is a measurement of how much water is lost from soil and plants to the atmosphere through evaporation and plant use, and it is a key tool for determining how much and when to irrigate. 
The recommendation includes increasing appropriations (approximately $1.2 million for the biennium) to support: 
 

• Expansion and upgrading of weather stations to collect ET data 

• Additional staff and technical assistance 

• Studies to improve accuracy and placement of ET monitoring stations 

 
This builds on the existing TexMesonet network, which was established to provide statewide weather and water data but currently lacks sufficient resources to fully incorporate ET data. 
 
Member impact: Expanded ET data access could support more precise irrigation practices and strengthen the case for smart irrigation technologies. This may create opportunities for members offering advanced irrigation solutions. 
 
Irrigation Requirements for Single-Family Rental Properties (Still Under Development) 
 
WCAC is examining a proposal to update Public Utility Commission rules to extend existing tenant water-use protections to single-family rental properties. 
 
Currently, tenants in apartments, condominiums, and manufactured housing have protections related to water billing and responsibility under submetering rules. However, these protections do not apply to single-family rentals. 
  
In some cases, landlords require tenants to irrigate landscapes to maintain the property, even during periods when local water restrictions are in place. This can result in tenants facing fines, penalties, or higher water bills for actions required under their lease.  

The proposal would align all rental property types by extending these protections to single-family rentals, helping ensure tenants are not penalized for irrigation requirements outside their control. 
 
Member impact: Could affect how irrigation services are directed and who is responsible for compliance on rental properties, requiring landscape professionals to follow local water restrictions regardless of lease requirements. 
 
Agricultural Water Conservation Funding 
 
WCAC is recommending that water conservation projects, such as irrigation efficiency improvements and drought-resilience measures be clearly recognized as eligible for financial assistance through the Texas Agricultural Finance Authority (TAFA). 
 
While TAFA already provides low-interest loans and other financial tools for agricultural production, water conservation is not explicitly identified in statute. WCAC’s recommendation is to highlight and reinforce that these activities qualify under existing authority. 
 
This recommendation does not create new funding or prioritize water conservation over other uses but instead increases awareness of existing financing options. 
 
Member impact: Increased visibility of funding opportunities could benefit selected growers engaged in water-efficient practices, particularly those eligible for conservation-related financial assistance. 
 
Municipal Water Use Transparency 
WCAC is recommending stronger reporting and visibility of: 

• Water conservation savings (BMPs)  

• Water reuse data  

 
The goal is to improve accountability and encourage better performance through clearer, more accessible data. This would include a full-time employee assisting utilities, review submitting data, and posting the conservation/reuse BMP volumes. Their path is for Texas utilities and water planning regions to better understand the progress and effectiveness of implementing water conservation and reuse strategies. 
 
Member impact: Increased transparency may lead to heightened scrutiny of outdoor water use and irrigation practices, particularly in municipal or commercial settings. This could influence local regulations, customer expectations, and how water use is tracked and reported. ​

These recommendations signal a continued focus on: 

• Conservation tools  

• Improved data transparency  

• Smarter irrigation practices across sectors  

 
TNLA will continue monitoring as recommendations are finalized and assessing potential impacts on the green industry. ​

On December 31, the U.S. Departments of Labor and Homeland Security announced plans to make 35,000 additional H-2B visas available for fiscal year 2026, on top of the 66,000 visas already authorized by Congress each year. The agencies have indicated these supplemental visas will be released through a temporary final rule, with details expected in the coming weeks.

This is welcome news for seasonal employers, but it’s important for TNLA members to understand both what this announcement does and does not address.

The Administration confirmed it will use its congressionally granted authority for FY 2026 to release the 35,000 supplemental visas. That number is significantly lower than in recent years, representing roughly a 50 percent reduction compared to the supplemental visas made available in fiscal years 2023 through 2025. The Administration has also indicated that these visas will be targeted toward what it considers critical infrastructure sectors, including forestry, hospitality, tourism, transportation, manufacturing, and related industries. Many green industry businesses could fall within or support these sectors, but the exact eligibility requirements, filing timelines, and worker restrictions have not yet been released. Those details will come once the temporary final rule is published.

Even with this announcement, the H-2B program remains heavily oversubscribed. The first-half cap for fiscal year 2026 was reached on September 12, and the second-half cap is expected to be reached quickly. Without a timely release of the supplemental visas and potentially further action by Congress, many seasonal employers will continue to face workforce shortages that directly affect their ability to operate.

As TNLA has outlined in its advocacy efforts, the H-2B program is already costly and highly regulated. Employers must recruit U.S. workers, pay premium wages, secure approvals from multiple federal agencies, and comply with strict program requirements. The workers themselves are temporary and seasonal, and they return home at the end of the season. They are not immigrants. For many businesses, access to H-2B labor is what allows them to meet peak demand, keep year-round American employees working, and avoid turning down work or cutting services.

For the green industry, lack of access to H-2B labor often means delayed projects, reduced services, higher costs, and lost contracts. Research shows that each additional H-2B worker supports multiple full-time U.S. jobs, including supervisors, drivers, logistics staff, and administrative employees. When labor shortages persist, businesses are forced to scale back operations, putting American jobs at risk and increasing costs for customers.

TNLA continues to press both the Administration and Congress to move quickly. This includes urging the Administration to promptly issue the temporary final rule allocating supplemental visas for FY 2026, encouraging Congress to retain seasonal employer protections in the FY 2026 DHS appropriations process, and continuing to push for longer-term cap relief that provides predictability and stability for responsible employers.

We are actively using these points on Capitol Hill and in ongoing conversations with federal agencies to advocate for the full scope of the green industry. As more details become available, TNLA will continue sharing updates and practical guidance so members are prepared to act.

Link to press release HERE

Contact TNLA’s Legislative & Regulatory Affairs Team 
Curtis Smith – Director – [email protected] 

Karan Mehta – Manager – [email protected] ​

This week, from Monday through Wednesday, TNLA was in Washington, D.C. as part of AmericanHort’s Impact Washington Fly-In. Texas brought one of the largest state delegations in the country to advocate and educate our U.S. Senators and Representatives. Nine TNLA members participated alongside more than 120 advocates from across the nation.
These fly-ins are always fast and frantic, as we zigzag across Capitol Hill to meet with as many legislators and staff as possible. But they are also one of the most important ways we make sure the voice of the Texas green industry is heard in our nation’s capital.

Workforce & Labor (H-2A & H-2B)
Our industry depends on seasonal and year-round workers to grow, install, and maintain landscapes. The H-2A and H-2B visa programs are vital, but both need reform. We called on Congress to expand access, streamline applications, and modernize wage calculations so that businesses can meet labor needs while keeping costs predictable. Without these improvements, growers and landscape businesses face growing shortages that threaten their ability to operate.

Tariffs, Trade & Supply Chain
Tariffs on key horticulture inputs are driving up costs across the board. Many of these products cannot be produced anywhere in the U.S.—leaving green industy businesses no alternatives. We urged Congress to support a transparent and functional exclusion process so businesses can reliably access the inputs they need without being burdened by unfair costs.

Farm Bill
The Farm Bill expires on October 1, 2025. While it’s a cornerstone for agriculture, too often specialty crops and horticulture are left out. Current programs lock our industry out of crop insurance and other protections. We pushed for a bipartisan Farm Bill that reflects the realities of horticulture, ensuring access to risk management tools and expanding support for nursery, greenhouse, and landscape operations.

From labor shortages to supply chain costs to ensuring our growers have a safety net, these policies directly affect the health and competitiveness of Texas’ horticulture industry. Trips like this Fly-In show how TNLA is actively fighting for our members’ businesses—from Washington, D.C. to back home in Texas.

Contact Director of Legislative & Regulatory Affairs, Curtis Smith by email [email protected] or call him at 512-579-3851 or  Legislative & Regulatory Affairs Manager, Karan Mehta by email [email protected] or call him at 512-579-3874

A high-profile battle over groundwater in East Texas is drawing attention from lawmakers, water districts, and industry leaders across the state — including many TNLA members in East Texas and the Dallas–Fort Worth area.


Recently, WFAA published a detailed report on Dallas investor Kyle Bass’s plan to pump up to 15 billion gallons of water each year from rural East Texas. The project has sparked fierce local opposition and renewed debate over Texas’s century-old groundwater laws.


Legislative Response
In response, State Representative Cody Harris (R–Palestine), Chair of the House Committee on Natural Resources, has filed a package of bills aimed at modernizing Texas’s groundwater rules. While he has urged the Governor to add them to the current Special Session agenda, it remains uncertain whether they will be taken up before the next regular legislative session in 2027.

Two bills in particular have emerged as his top priorities:

• HB 216 – Would limit how much groundwater a single permit holder can pump and transfer out of a groundwater conservation district. For new permits issued after the bill’s effective date, no single permit could authorize production and export of more than 5% of the district’s total modeled available groundwater, as determined by the Texas Water Development Board.
• HB 218 – Would require greater regional oversight for large-scale groundwater transfers. For wells capable of producing 25,000 gallons or more per day, the originating district would need to notify all other districts in its management area. At least two-thirds of those districts would need to approve the permit before it could be granted, with boards required to consider the impact on long-term water availability.

A Broader Debate Over Texas Water Law
The publicity surrounding Bass’s proposal has reignited conversations about the “rule of capture” — the nearly 120-year-old doctrine that allows landowners to pump as much groundwater as they want from beneath their property, regardless of impacts to neighboring wells.
​
Lawmakers, local water districts, and stakeholders are now discussing what could be the most significant overhaul of groundwater governance in state history. Proposals under discussion include:

• Expanding state oversight
• Strengthening local conservation districts
• Potential major reforms to the rule of capture altogether

TNLA will continue monitoring these developments closely. Any changes to Texas groundwater law could have significant implications for our industry, and we will keep members informed as the legislative conversation unfolds. Questions? Please reach out to [email protected] or [email protected]

The proposed overhaul of Texas’ congressional map—pushed by President Donald Trump—is designed to give the GOP five additional seats in next year’s midterm elections. While the newly drafted lines would likely deliver some Republican pickups, an analysis of the redistricting plan suggests that a full five-seat gain is far from guaranteed.
These changes, based on 2020 census data, could help solidify Republican control in up to 30 of Texas’ 38 congressional districts—a significant shift with long-term implications for the green industry’s federal priorities.


🔄 Key Districts to Watch
Two South Texas districts remain highly competitive—and one carries particular importance for TNLA:
👉 Congressman Henry Cuellar (TX-28, Laredo)
👉 Congressman Vicente Gonzalez (TX-34, McAllen)

Both represent districts that leaned Republican in the last presidential election, yet they successfully held onto their seats. The new map makes each district slightly more conservative—a calculated gamble banking on continued GOP gains among Hispanic voters.

For TNLA, Congressman Cuellar is a critical ally. He has been one of the most consistent and vocal champions of the H-2A and H-2B guest worker programs, which are essential to the nursery and landscape industry. His leadership has helped secure program stability, visa processing improvements, and continued momentum toward year-round labor solutions.

🗳️ As redistricting reshapes the political landscape, TNLA is watching closely—not just for shifts in party control, but for how these changes could impact federal advocacy for the green industry.


🔵 Other Competitive Districts
Several Democratic-held urban and suburban districts could also become heavily Republican—under the proposed map. These include:
• TX-9 – Rep. Al Green (Houston)
• TX-32 – Rep. Julie Johnson (Dallas suburbs)
• TX-35 – Rep. Greg Casar (San Antonio to Austin)
If adopted, these changes could turn currently blue districts into strong-performing Republican seats, further reshaping the state’s congressional delegation.


🧠 Why This Matters to TNLA Members
Programs like H-2A and H-2B are the backbone of a reliable workforce for TNLA members. Continued engagement with trusted allies like Rep. Cuellar ensures our industry’s needs are front and center in Washington.

Your voice—and your vote—matter. They help protect essential workforce programs and ensure support for pro-industry champions in the 2026 election cycle.
​
Stay tuned for more updates as TNLA continues to monitor congressional developments and advocate on your behalf.

On July 4, 2025, H.R. 1—known as the “One Big Beautiful Bill”—was signed into law. At 870 pages, it’s one of the most sweeping federal laws in recent history. But here’s the bottom line for TNLA members: it includes some powerful wins for your business.

Here’s what matters most:
🌿 529 Plans Can Now Fund Certifications
You can now use 529 education savings to cover industry licenses—like irrigator training, pesticide applicator certification, or landscape credentials. This makes workforce development more accessible for young professionals in our industry.

🔧 Full Write-Offs for Equipment & R&D
Businesses can now fully expense:

• New equipment purchases (tractors, irrigation systems, etc.)
• Research and development costs in the year spent

That means lower tax bills and more room to innovate and invest.

🏦 Loan Interest Deductions Restored
Businesses that borrow to buy land, expand greenhouses, or manage inventory can now deduct more interest expenses, thanks to the return of EBITDA-based limits.

💼 199A Pass-Through Deduction Made Permanent
The Qualified Business Income deduction for S-corps, LLCs, and sole proprietors now increases from 20% to 23% starting in 2026. That’s more relief for small and mid-sized businesses.

🌱 Expanded Grower Support & Plant Protection

• Increased funding for Specialty Crop Block Grants
• Boosted dollars for invasive pest management
• Extended citrus disease research funding
• More than doubled funds for the Specialty Crop Research Initiative

​
These provisions mean long-term investment in plant health, crop resilience, and industry sustainability.

The Takeaway:
While the bill didn’t fix everything (especially on the labor side), it delivers significant financial and operational benefits for Texas green industry businesses. TNLA will continue monitoring how funding rolls out—and will keep pushing for additional reforms where they’re needed most.

If your business depends on seasonal help through the H-2B visa program, there’s some promising news coming out of the U.S. House—but still roadblocks in the Senate.

In late June, lawmakers in the House advanced an important amendment to the FY26 Homeland Security Appropriations bill. This amendment would allow long-time users of the H-2B program—employers who’ve participated in any of the last five years—to bring in the same number of workers again, without counting against the annual federal cap.
This would give law-abiding employers more predictability, reduce lottery risk, and help protect your business from labor disruptions.

Unfortunately, the U.S. Senate didn’t include any H-2B reform in H.R. 1, the sweeping legislation recently signed into law. A proposal to create a “Certified Seasonal Employer” designation was removed late in the process after stalling over disagreements with the White House.

What’s Next:

• All eyes are now on the final version of the FY26 Homeland Security bill.
• TNLA is actively working with Rep. Andy Harris (R-MD) and key House committees to ensure H-2B protections stay in.
• We’re also continuing to push the White House to support workforce solutions for Texas growers, landscapers, and suppliers.

Your voice helps keep the pressure on. TNLA will keep fighting for the labor tools your business needs.

We’re excited to share great news--HB 1592 is now law in Texas, creating a statewide pest and plant disease alert system through Texas A&M AgriLife.

This important legislation was authored by Rep. Mihaela Plesa, sponsored by Sen. Lois Kolkhorst, and backed by strong bipartisan support. It moved smoothly through the Capitol and was allowed to become law by Governor Greg Abbott.

What Does HB 1592 Do?
The new law creates a real-time, email-based alert system to notify:

• Growers
• Landscapers
• Government agencies
• Even home gardeners

when a harmful pest or plant disease is detected in Texas. This opt-in system means faster action, less damage, and stronger protection for crops, landscapes, and native plants.

Why It Matters
✔️ Faster response times to outbreaks
✔️ Less damage to plants and landscapes
✔️ More protection for Texas ecosystems and the green industry
✔️ Better preparedness for changing weather and pest patterns

From nurseries and retail centers to city parks and farms, this new tool gives Texans a better way to protect the plants we depend on.


TNLA Member Voices Made the Difference
We’re proud that Bill Carson of Native Texas Nursery testified in support of the bill. His voice—and the support of TNLA members across the state—helped lawmakers understand the real-world need for this kind of early warning system.
​
Looking Ahead
When HB 1592 reached the Governor’s desk on May 25, we celebrated. Now that it’s law, we celebrate again—knowing that Texas is better prepared to fight invasive species and plant health threats.

This is more than just a policy win. It’s a step forward for:

• Public-private partnerships
• Science-backed decision-making
• And protecting the future of Texas’ green economy

On June 11, TNLA’s Director of Legislative & Regulatory Affairs, Curtis Smith, joined a coalition of chambers of commerce, trade associations, and directly impacted individuals in Austin for a roundtable hosted by FWD.us and the Texas Association of Business, marking the 13th anniversary of the Deferred Action for Childhood Arrivals (DACA) policy.

Moderated by Glenn Hamer, President & CEO of the Texas Association of Business, the event brought together Texas business leaders to underscore a shared message: DACA recipients are vital to our workforce—and our future.

“I have seen firsthand how DACA recipients strengthen our workforce every day,” said Curtis Smith. “They are critical to keeping our industries competitive, and we need policies that reflect their value to our state and our economy.”

📉 The Threat of Losing DACA Protections Is Real—and Costly
Participants heard testimony from Edilsa Lopez, an Austin-based DACA recipient and accountant, as well as updates from FWD.us policy staff on the current legal and political landscape surrounding DACA. The event highlighted the widespread economic risk posed by ending the program.

Key data shared at the roundtable included:

• 70,000 DACA recipients in Texas could be forced out of the workforce
• 34,000 additional jobs would disappear if DACA-owned businesses closed
• $37 billion in projected economic losses to Texas
• $782 million in annual lost revenue for state and local governments
• $227 million in annual business income losses

🧾 Additional Background: The DACA Policy Legal Landscape
The legal future of DACA remains uncertain—especially for Texas.
As of now, the Texas v. United States DACA case is returning to Judge Hanen, following no petitions being filed to escalate the case to the U.S. Supreme Court by the May 19 deadline. The Fifth Circuit Court of Appeals instructed Judge Hanen to revise his prior ruling.

Here's what that means:

• DACA work authorization is considered unlawful in Texas only.
• Texas DACA recipients retain deportation protection but could lose their right to work.
• In the other 49 states, full DACA benefits remain intact, including the ability to work.
• DACA renewals are still permitted in all 50 states, but initial applications remain frozen nationwide.
• Judge Hanen must now determine how Texas transitions from full to partial DACA benefits.

For now, the status quo remains—but changes could be imminent, especially for the Texas-based workforce.

🌱 Why This Matters to the Green Industry
The Texas nursery and landscape industry already faces a growing labor shortage. DACA recipients have become essential contributors—whether on farms, in nurseries, or running their own businesses.

At TNLA, we continue to push for practical, bipartisan workforce policies that reflect the current needs of our members and the economic realities of doing business in Texas.
​
Have questions about DACA, TNLA’s workforce advocacy, or how this could impact your business?
📩 Reach out to Curtis Smith at [email protected]