Texas 2009 - 81st Regular

Texas House Bill HB2088 Compare Versions

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Old	New	Differences
1	1	By: Howard of Travis H.B. No. 2088
2	2	Substitute the following for H.B. No. 2088:
3	3	By: Thibaut C.S.H.B. No. 2088
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to increasing public awareness of the benefits of native
9	9	plant species and problems associated with invasive plant species.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 71, Agriculture Code, is
12	12	amended by adding Section 71.061 to read as follows:
13	13	Sec. 71.061. NATIVE AND INVASIVE PLANT AWARENESS. (a) In
14	14	this section, "nursery" means a location required under Section
15	15	71.043 to be registered by a nursery owner.
16	16	(b) A nursery that maintains a permanent storefront for
17	17	purposes of selling or leasing, offering for sale or lease, or
18	18	otherwise distributing nursery products to the public shall:
19	19	(1) access the Internet website of the Parks and
20	20	Wildlife Department;
21	21	(2) print the sign required by Section 12.0105, Parks
22	22	and Wildlife Code, to be maintained on that website; and
23	23	(3) post the sign in a conspicuous location where it is
24	24	readily visible to customers.
25	25	SECTION 2. Subchapter A, Chapter 12, Parks and Wildlife
26	26	Code, is amended by adding Section 12.0105 to read as follows:
27	27	Sec. 12.0105. INFORMATION ON NATIVE AND INVASIVE PLANT
28	28	SPECIES. (a) The department shall develop and maintain on the
29	29	department's Internet website a brochure describing the benefits of
30	30	native plant species and the problems associated with invasive
31	31	plant species.
32	32	(b) The department shall also maintain on the department's
33	33	Internet website a downloadable, printable sign that contains the
34	34	following wording in at least 14-point type:
35	35	DO YOU KNOW YOU HAVE MANY LANDSCAPING CHOICES?
36	36	SOME PLANTS, ALTHOUGH LEGAL TO BUY AND SELL, MAY HAVE
37	37	NEGATIVE EFFECTS ON NATIVE WILDLIFE AND ECOSYSTEMS. FOR MORE
38	38	INFORMATION ABOUT PLANTS THAT ARE BENEFICIAL TO OUR TEXAS WILDLIFE
39	39	AND HABITAT AS WELL AS INVASIVE EXOTIC PLANTS, PLEASE VISIT THE
40	40	TEXAS PARKS AND WILDLIFE DEPARTMENT'S WEBSITE AT (insert
41	41	appropriate Internet website address).
42	42	SECTION 3. Not later than October 1, 2009, the Parks and
43	43	Wildlife Department shall post the sign required by Section
44	44	12.0105, Parks and Wildlife Code, as added by this Act, on the
45	45	department's Internet website.
46	46	SECTION 4. The department shall send a notice to each
47	47	nursery owner that, on September 1, 2009, holds one or more
48	48	registrations under Subchapter B, Chapter 71, Agriculture Code,
49	49	that informs the nursery owner of the requirements of Section
50	50	71.061, Agriculture Code, as added by this Act, and the requirement
51	51	that a nursery comply with that section not later than January 1,
52	52	2010.
53	53	SECTION 5. Section 71.061, Agriculture Code, as added by
54	54	this Act, applies only to a nursery beginning January 1, 2010.
55	55	SECTION 6. This Act takes effect immediately if it receives
56	56	a vote of two-thirds of all the members elected to each house, as
57	57	provided by Section 39, Article III, Texas Constitution. If this
58	58	Act does not receive the vote necessary for immediate effect, this
59	59	Act takes effect September 1, 2009.