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AN ACT
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relating to disclaimers by certain entities promulgating lists of |
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noxious or invasive terrestrial plant species. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 71, Agriculture Code, is |
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amended by adding Section 71.154 to read as follows: |
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Sec. 71.154. DISCLAIMER REQUIRED. (a) A public entity, |
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other than the department, that produces for public distribution to |
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commercial or residential landscapers a list of noxious or invasive |
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terrestrial plant species that includes a species growing in this |
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state shall provide with the list a disclaimer that states: "THIS |
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PLANT LIST IS ONLY A RECOMMENDATION AND HAS NO LEGAL EFFECT IN THE |
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STATE OF TEXAS. IT IS LAWFUL TO SELL, DISTRIBUTE, IMPORT, OR |
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POSSESS A PLANT ON THIS LIST UNLESS THE TEXAS DEPARTMENT OF |
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AGRICULTURE LABELS THE PLANT AS NOXIOUS OR INVASIVE ON THE |
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DEPARTMENT'S PLANT LIST." |
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(b) A public entity, other than the department, that |
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produces a list of noxious or invasive terrestrial plant species in |
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printed material made for public distribution to commercial or |
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residential landscapers, including a newspaper, trade publication, |
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notice, circular, or Internet website, shall post the disclaimer |
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required by Subsection (a) in at least 12-point type in a |
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conspicuous location readily visible by persons viewing the list. |
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(c) The department shall adopt rules requiring a public |
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entity to include the disclaimer required by Subsection (a) in a |
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manner equivalent to the manner described by Subsection (b) for |
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publication of the entity's list of noxious or invasive terrestrial |
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plant species through media not described by Subsection (b), |
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including billboards, radio productions, and television |
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productions. |
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SECTION 2. Section 71.154, Agriculture Code, as added by |
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this Act, applies only to a list that is published and distributed |
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on or after the effective date of this Act. A list that is published |
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or distributed before the effective date of this Act is governed by |
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the law in effect immediately before the effective date of this Act, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 338 was passed by the House on March |
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31, 2011, by the following vote: Yeas 129, Nays 14, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 338 on May 24, 2011, by the following vote: Yeas 142, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 338 was passed by the Senate, with |
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amendments, on May 21, 2011, by the following vote: Yeas 30, Nays |
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1 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |