SRC-LBB, TJG S.B. 854 78(R)BILL ANALYSIS


Senate Research CenterS.B. 854
By: Madla
Natural Resources
8/7/2003
Enrolled


DIGEST AND PURPOSE 

Currently, the State of Texas does not publish a list of noxious plant
species, defined as plants that have serious potential to cause economic
harm or ecological damage.  S.B. 854 authorizes the Texas Department of
Agriculture (TDA) to publish a list of noxious species.  In publishing the
list, TDA is required to consult with representatives from certain
entities and take certain other actions that will provide data to create a
scientifically-based list.  Upon the creation of a noxious plant species
list, a person commits an offense if the person sells, distributes, or
imports a plant on the list.  The offense would be a Class C misdemeanor,
punishable by a fine not to exceed $500. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Department of Agriculture
in SECTION 1 (Section 71.151, Agriculture Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 71, Agriculture Code, by adding Subchapter D,
as follows: 

SUBCHAPTER D.  NOXIOUS PLANTS

Sec. 71.151.  LIST REQUIRED.  (a)  Requires the Texas Department of
Agriculture (TDA), by rule, to publish a list of noxious plant species
that have serious potential to cause economic or ecological harm to the
state.  Authorizes TDA to publish lists of noxious plant species organized
by region. 

(b) Requires TDA, in preparing or amending the list, to consult with
representatives from certain entities, consider any available scientific
data and economic impact information for each plant species, and use any
standard criteria established by TDA.  

Sec. 71.152.  NOXIOUS PLANT SALE, DISTRIBUTION, OR IMPORTATION PROHIBITED.
(a) Provides that a person commits an offense if the person sells,
distributes, or imports into the state a noxious plant species included on
TDA's list described under Section 71.151. 

(b) Provides that an offense under this section is a Class C misdemeanor.

(c) Provides that a person commits a separate offense for each noxious
plant item or unit sold, distributed, or imported. 

SECTION 2.  Effective date: September 1, 2003.