Bill Text: TX HB338 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to disclaimers by certain entities promulgating lists of noxious or invasive terrestrial plant species.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB338 Detail]
Download: Texas-2011-HB338-Enrolled.html
H.B. No. 338 |
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relating to disclaimers by certain entities promulgating lists of | ||
noxious or invasive terrestrial plant species. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 71, Agriculture Code, is | ||
amended by adding Section 71.154 to read as follows: | ||
Sec. 71.154. DISCLAIMER REQUIRED. (a) A public entity, | ||
other than the department, that produces for public distribution to | ||
commercial or residential landscapers a list of noxious or invasive | ||
terrestrial plant species that includes a species growing in this | ||
state shall provide with the list a disclaimer that states: "THIS | ||
PLANT LIST IS ONLY A RECOMMENDATION AND HAS NO LEGAL EFFECT IN THE | ||
STATE OF TEXAS. IT IS LAWFUL TO SELL, DISTRIBUTE, IMPORT, OR | ||
POSSESS A PLANT ON THIS LIST UNLESS THE TEXAS DEPARTMENT OF | ||
AGRICULTURE LABELS THE PLANT AS NOXIOUS OR INVASIVE ON THE | ||
DEPARTMENT'S PLANT LIST." | ||
(b) A public entity, other than the department, that | ||
produces a list of noxious or invasive terrestrial plant species in | ||
printed material made for public distribution to commercial or | ||
residential landscapers, including a newspaper, trade publication, | ||
notice, circular, or Internet website, shall post the disclaimer | ||
required by Subsection (a) in at least 12-point type in a | ||
conspicuous location readily visible by persons viewing the list. | ||
(c) The department shall adopt rules requiring a public | ||
entity to include the disclaimer required by Subsection (a) in a | ||
manner equivalent to the manner described by Subsection (b) for | ||
publication of the entity's list of noxious or invasive terrestrial | ||
plant species through media not described by Subsection (b), | ||
including billboards, radio productions, and television | ||
productions. | ||
SECTION 2. Section 71.154, Agriculture Code, as added by | ||
this Act, applies only to a list that is published and distributed | ||
on or after the effective date of this Act. A list that is published | ||
or distributed before the effective date of this Act is governed by | ||
the law in effect immediately before the effective date of this Act, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 338 was passed by the House on March | ||
31, 2011, by the following vote: Yeas 129, Nays 14, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 338 on May 24, 2011, by the following vote: Yeas 142, Nays 0, 2 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 338 was passed by the Senate, with | ||
amendments, on May 21, 2011, by the following vote: Yeas 30, Nays | ||
1 | ||
. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |