| 1 | 1 | | 83R19454 AED-D |
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| 2 | 2 | | By: Villarreal H.B. No. 1135 |
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| 3 | 3 | | Substitute the following for H.B. No. 1135: |
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| 4 | 4 | | By: Kleinschmidt C.S.H.B. No. 1135 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a study conducted by the Texas Department of |
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| 10 | 10 | | Transportation regarding the production of and use of native seeds. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. STUDY AND REPORT. (a) In this section, "native |
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| 13 | 13 | | plant" and "native seed" mean a plant or a seed from a plant that is |
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| 14 | 14 | | found in, and naturally endemic to, ecosystems, sites, or regions |
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| 15 | 15 | | in the present borders of this state, as to which the best available |
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| 16 | 16 | | information indicates an indigenous nature precluding the plant's |
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| 17 | 17 | | or seed's introduction or transport to this state from some other |
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| 18 | 18 | | location by nonnatural conveyances. The terms include improved |
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| 19 | 19 | | varieties of native seeds. Plants and seeds that do not meet the |
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| 20 | 20 | | definition of "native plant" or "native seed" are designated as |
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| 21 | 21 | | "nonnative." |
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| 22 | 22 | | (b) The Texas Department of Transportation shall conduct a |
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| 23 | 23 | | study based on a review of the use of native seed in projects |
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| 24 | 24 | | related to land restoration and soil stabilization by the |
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| 25 | 25 | | department and its contractors and assignees for the years 2008 |
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| 26 | 26 | | through 2012, and shall report the department's historic use of |
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| 27 | 27 | | native seed by geographic region or district. |
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| 28 | 28 | | (c) In conducting the study and preparing the report, the |
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| 29 | 29 | | Texas Department of Transportation shall consider: |
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| 30 | 30 | | (1) geographic, regional, or district use of specific |
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| 31 | 31 | | varieties of native seed for restoration projects administered by |
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| 32 | 32 | | the department and its contractors or assignees; |
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| 33 | 33 | | (2) determinations of the percentage of the |
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| 34 | 34 | | department's restoration projects using native seed versus |
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| 35 | 35 | | nonnative seed, including blends of native and nonnative seed, by |
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| 36 | 36 | | geographic region or district and projects performed by the |
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| 37 | 37 | | department and its contractors or assignees; and |
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| 38 | 38 | | (3) methodologies and procedures that the department |
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| 39 | 39 | | and its contractors or assignees must use to forecast the future |
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| 40 | 40 | | needs for native seed for restoration projects by geographic |
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| 41 | 41 | | region. |
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| 42 | 42 | | (d) The Texas Department of Transportation shall develop |
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| 43 | 43 | | methodologies and procedures for forecasting the department's and |
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| 44 | 44 | | its contractors' and assignees' future needs for native seeds for |
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| 45 | 45 | | the years 2015 through 2020. The department shall continue to |
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| 46 | 46 | | maintain a five-year forecast for native seed restoration project |
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| 47 | 47 | | needs. |
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| 48 | 48 | | (e) Not later than December 1, 2014, the Texas Department of |
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| 49 | 49 | | Transportation shall report the results of the study conducted |
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| 50 | 50 | | under this Act to the legislature and post the forecast of future |
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| 51 | 51 | | needs for native seeds on the department's Internet website. |
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| 52 | 52 | | SECTION 2. EFFECTIVE DATE. This Act takes effect September |
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| 53 | 53 | | 1, 2013. |
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