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