82nd Texas Legislature, Regular Session, House Bill 338, Chapter 688 Page: 1 of 3
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H.B. NO. 338
1 AN ACT
2 relating to disclaimers by certain entities promulgating lists of
3 noxious or invasive terrestrial plant species.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
5 SECTION 1. Subchapter D, Chapter 71, Agriculture Code, is
6 amended by adding Section 71.154 to read as follows:
7 Sec. 71.154. DISCLAIMER REQUIRED. (a) A public entity,
8 other than the department, that produces for public distribution to
9 commercial or residential landscapers a list of noxious or invasive
10 terrestrial plant species that includes a species growing in this
11 state shall provide with the list a disclaimer that states: "THIS
12 PLANT LIST IS ONLY A RECOMMENDATION AND HAS NO LEGAL EFFECT IN THE
13 STATE OF TEXAS. IT IS LAWFUL TO SELL, DISTRIBUTE, IMPORT, OR
14 POSSESS A PLANT ON THIS LIST UNLESS THE TEXAS DEPARTMENT OF
15 AGRICULTURE LABELS THE PLANT AS NOXIOUS OR INVASIVE ON THE
16 DEPARTMENT' S PLANT LIST. "
17 (b) A public entity, other than the department, that
18 produces a list of noxious or invasive terrestrial plant species in
19 printed material made for public distribution to commercial or
20 residential landscapers, including a newspaper, trade publication,
21 notice, circular, or Internet website, shall post the disclaimer
22 required by Subsection (a) in at least 12-point type in a
23 conspicuous location readily visible by persons viewing the list.
24 (c) The department shall adopt rules requiring a public
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Texas. Legislature. House of Representatives. 82nd Texas Legislature, Regular Session, House Bill 338, Chapter 688, legislative document, June 17, 2011; [Austin, Texas]. (texashistory.unt.edu/ark:/67531/metapth311490/m1/1/: accessed May 23, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.