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A BILL TO BE ENTITLED
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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 a list of noxious or |
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invasive terrestrial plant species growing in this state shall |
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provide with the list a disclaimer that states: "THIS PLANT LIST IS |
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ONLY A RECOMMENDATION AND HAS NO LEGAL EFFECT IN THE STATE OF TEXAS. |
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THE TEXAS DEPARTMENT OF AGRICULTURE HAS SOLE AUTHORITY TO LABEL |
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TERRESTRIAL PLANTS AS NOXIOUS OR INVASIVE." |
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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, including a |
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newspaper, trade publication, notice, circular, or Internet |
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website, shall post the disclaimer required by Subsection (a) in at |
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least 12-point type in a conspicuous location readily visible by |
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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. This Act takes effect September 1, 2011. |