H.B. No. 338
AN ACT
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