S.B. 854 78(R)    BILL ANALYSIS


S.B. 854
By: Madla
Agriculture & Livestock
Committee Report (Unamended)



BACKGROUND 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.  This bill 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

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Department of Agriculture in SECTION  1, Section
71.151, Agriculture Code, of this bill. 


ANALYSIS

S.B. 854 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.  The bill allows TDA to
publish list of noxious plant species organized by region.  The bill
requires TDA, in preparing or amending the list, to consult with
representatives from certain entities, consider any available scientific
data and economic impact information to each plant species, and use any
standard criteria established by TDA.  The bill provides that a person
commits a Class C misdemeanor if the person sells, distributes, or imports
into the state a noxious plant species included on TDA's list. 


EFFECTIVE DATE

September 1, 2003.