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. ​

From TNLA’s perspective, the biggest themes are water supply and supporting Texas agriculture, but the interim charges extend well beyond those issues. They also address insurance affordability, property tax relief, local government fees, workforce transportation, housing growth, permitting timelines, and the overall competitiveness of Texas agriculture and small businesses.

Taken together, these charges examine many of the core factors that determine how easy or difficult it is to operate a green industry business in Texas, from access to water and labor to the cost of trucks, insurance, land, and local permits.
​
Two House committees stand out as especially important for our members.

House Agriculture & Livestock includes meaningful charges on invasive species, Texas Department of Agriculture authority, agricultural resiliency, and expanding markets for Texas-grown products. These discussions could directly affect plant health response, quarantine processes, specialty crop competitiveness, and the visibility of Texas-grown nursery and landscape products.

House Natural Resources may be the most significant committee for the green industry this interim. Charges on groundwater management, new water supply strategies, brackish groundwater, data center water use, and regional water planning all go directly to long-term water availability and allocation. These discussions will influence how Texas balances growth, agriculture, urban water needs, and future supply development.

On the Senate side, we are also closely tracking charges related to data center water demand, utility revenue transfers, desalination, insurance affordability, local fee transparency, and CDL standards. Each of these has real implications for project timelines, business costs, labor flexibility, and long-term water affordability.

Our advocacy team will be actively monitoring hearings, identifying opportunities for committee feedback and testimony, and ensuring the voice of Texas nurseries, landscape professionals, irrigators, and allied businesses is part of these conversations.

The interim is where many of the biggest ideas for the next session begin to take shape, and we believe the 2026 cycle could be especially consequential for water policy, Texas agriculture, and the overall business climate for the green industry.

We will continue to keep you updated as these hearings develop.

This week’s Texas primary election produced a notable development for the Texas Department of Agriculture (TDA) and the industries it regulates.

Agriculture Commissioner Sid Miller, who has served in the role since 2015, was defeated in the Republican primary by Nate Sheets, a North Texas rancher, veteran, and entrepreneur best known as the founder and former CEO of the national honey company Nature Nate’s.

Sheets will face a Democratic challenger in the November general election. However, it is worth noting that no Democrat has won a statewide election in Texas in roughly 30 years, making the Republican nominee the strong favorite heading into the fall.

Texas will see new leadership at the Texas Department of Agriculture when the next commissioner takes office in January 2027.

For the Texas Nursery & Landscape Association (TNLA), TDA plays a particularly important role. TDA is the primary state agency responsible for regulating several areas that directly affect the green industry.
Among other responsibilities, the department administers pesticide licensing and regulation, nursery inspections, plant health programs, and enforcement related to the movement of plant materials within and into Texas.

As plant pests and diseases continue to move across regions and international borders, coordination between industry and regulators has become increasingly important for protecting Texas agriculture and landscapes.

Because of these responsibilities, the Agriculture Commissioner is an important partner for the nursery and landscape industry. The department’s approach to enforcement, rulemaking, and industry engagement can shape how effectively businesses operate and how quickly the state responds to emerging plant health risks.

Leadership transitions at state agencies often bring changes in priorities, staffing, and administrative direction. They can also create opportunities to modernize regulatory programs by improving communication with industry, providing greater clarity in enforcement, and strengthening the state’s ability to respond to emerging plant health threats.

TNLA has worked with agriculture commissioners and the Texas Department of Agriculture for decades, and we will continue building those relationships as the next administration takes shape. Our focus remains the same: promoting sound regulatory policy, protecting plant health, and supporting the continued growth of Texas’ green industry.

We will keep members informed as the election season unfolds and as the next chapter begins at the Texas Department of Agriculture.

Contact TNLA’s Legislative & Regulatory Affairs Team

• Curtis Smith – Director – [email protected]
• Karan Mehta – Manager – [email protected]

 

Landscapers and other seasonal businesses continue to face serious workforce shortages that cannot be filled through the domestic labor market alone. The release of supplemental H-2B visas provides important, though temporary, relief for employers trying to meet demand during peak seasons.

This action reflects ongoing pressure from employers across multiple industries and underscores the need for longer-term, structural reforms to the H-2B program that provide predictability, reduce uncertainty, and better align visa availability with real-world workforce needs.

Thank you to the TNLA members who engaged on this issue and responded to calls to action. Your advocacy continues to play a critical role in shaping outcomes that directly affect Texas green industry businesses.

As always, TNLA will keep you informed as additional details and guidance become available.

Curtis Smith – Director – [email protected]
Karan Mehta – Manager – [email protected]

Policy decisions made at every level impact how our industry grows and operates. 

• Local officials decide on water restrictions, landscape ordinances, and development requirements that can vary city by city. 

• State leaders influence workforce rules, licensing requirements, and agricultural regulations that shape how businesses hire, operate, and expand. 

• Federal offices help determine labor policy and agricultural priorities that affect the availability and cost of labor across Texas. 

For an industry rooted in local communities but influenced by statewide and national policy, engagement at every level matters. ​

The 2026 congressional elections in Texas will feature major races, but they’re also being shaped by unusual turnover and redistricting that could significantly change the state’s representation. 

So far, nine Texas members of Congress are not seeking re-election, creating many open seats. Without incumbents on the ballot, these races are expected to be more competitive and closely watched, giving voters greater influence over who represents them in Washington. 

At the same time, mid-decade redistricting has redrawn district boundaries across Texas, forcing some incumbents to step aside and reshaping the political landscape.  

Together, retirements and redistricting have turned Texas into a high-stakes battleground in 2026, one that could influence control of the U.S. House and federal policy decisions that matter to the green industry. ​

TNLA advocates for the green industry year-round, and member involvement plays an important role in helping us stay informed, responsive, and effective. When members share what they’re seeing and stay engaged, TNLA can identify issues earlier and advocate more proactively on behalf of the industry.
​
Member participation helps:

• Surface potential challenges before they escalate
• Provide real-world insight that informs advocacy
• Support efforts to shape policy, not just respond to it

Here are a few ways you can help and stay involved:
1. Stay Informed
TNLA regularly shares legislative and regulatory updates through the Hive Legislative & Regulatory Group. This group is a central place for timely information, advocacy updates, and opportunities to engage.
👉 Join or follow the group here:
https://thehive.tnlaonline.org/topics/45449/feed

2. Share What You’re Seeing
Many issues affecting our industry start at the local level. New ordinances, water restrictions, licensing changes, or regulatory concerns are often first noticed by members in their own communities.
Members are encouraged to post and share observations in the Hive, not just read updates. TNLA staff actively monitor these conversations and use this insight to track trends and respond proactively.
​
3. Take Action When You Can
Responding to action alerts, voting, and contacting elected officials all help amplify the green industry’s voice. Hearing directly from constituents who live and work in their districts helps policymakers better understand how decisions affect real businesses.

If you’re ever unsure whether something is worth flagging, reach out. Advocacy works best as a two-way conversation, and no issue is too small to share.

Working Together for a Stronger Industry
Elections and policy decisions directly impact the future of Texas’s green industry. By staying informed, sharing what you’re seeing, and engaging when opportunities arise, you help ensure that industry perspectives are reflected in decision-making.
​
Together, we can continue supporting policies that allow Texas’ green industry to grow and thrive.
Questions or insights? Contact TNLA’s Legislative & Regulatory Affairs Team:

• Curtis Smith, Director – [email protected]
• Karan Mehta, Manager – [email protected]

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] ​

​The Texas Nursery & Landscape Association recently helped bring a congressional district tour to Brazos Citrus Nursery in West Columbia, about 60 miles southwest of Houston. The nursery is owned and operated by George Shackelford, a second-generation citrus grower who also serves on the TNLA Board of Directors, and the visit included staff from Congressman Troy Nehls’ office who came out to see firsthand how citrus is grown and managed here on the Gulf Coast.

The conversation covered challenges that growers across the green industy are dealing with every day, including:

• Workforce shortages tied to H-2A and H-2B visas
• The need for a strong, workable Farm Bill
• The importance of nursery crops to Texas agriculture

George also shared how dramatically the citrus industry has changed, explaining that Texas has gone from more than 100 citrus growers to just three in the past 15 years. Ongoing threats like canker and greening have made tree production risky and expensive, needing a lot of investment, patience, and determination. George’s operation stands as proof that with enough grit and commitment, it’s still possible to make citrus work in Texas, but not without challenges.

​The tour kicked off by hopping into George’s truck and heading out to several greenhouses on the property. Before anyone stepped inside, staff got their first surprise: a decontamination chamber, where they were lightly sprayed with a human-friendly sterilization solution to prevent the spread of disease.

​From there, it was through a series of double doors and powerful fans designed to keep any outside contamination from entering, followed by an overhead door for extra precaution. George explained that these steps may seem intense, but they’re necessary to protect young citrus trees.
 
Inside the greenhouse, staff were met with rows of beautifully manicured three-gallon citrus trees, lined up neatly and thriving. George walked everyone through the careful, step-by-step process he follows to make sure every tree meets the highest standards before it ever leaves the nursery. One detail that caught the congressional staff’s attention: citrus trees in his nursery don’t see direct sunlight until they’re ready to be transported to market, a testament to just how controlled and intentional the growing process is.

​As the tour continued across the property, it became clear just how much planning, precision, and hands-on care go into producing healthy citrus trees, long before they ever reach a customer.

​From the moment you meet George Shackelford, it feels less like a business visit and more like stopping by a family member’s place. He has a genuine, down-to-earth way about him that immediately puts people at ease. That humility is matched by a deep understanding of the citrus industry and an ability to adapt as the business and regulations change.
 
By his side is his wife, Leah, who keeps a close eye on the financial side of the business and knows exactly how the operation is performing. Together, they make a strong, well-balanced team. George also serves on the TNLA Board of Directors, representing growers and bringing their perspective to the table.
 
While citrus is the heart of the nursery, George also works in bamboo and other fruit as a wholesaler. A walk around the property reveals a few surprises as well, including exotic deer and well-fed cattle. The cattle actually started as a school project for their daughter, who decided she wanted to show cattle. George admits he questioned it at first, but today he has no regrets.

​District visits like this are a critical part of TNLA’s advocacy strategy. They allow policymakers and staff to see real businesses, hear directly from our members, and better understand why science-based policies matter for the green industry. George’s resilience and commitment to Texas agriculture shows the dedication required to operate in today’s environment. 

​Reach out to us to learn how TNLA can help coordinate a visit and showcase the impact of your business and our industry on the State of Texas. 

Curtis Smith – Director – [email protected]
Karan Mehta – Manager – [email protected]