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.
Sponsorship: Partisan Bill (Republican 2)
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 | ||
