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


Senate Research Center   S.B. 854
78R7500 AKH-DBy: Madla
Natural Resources
4/4/2003
As Filed


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.  As proposed, 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 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.  STATEWIDE LIST.  (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. 

(b) Requires TDA, in preparing or amending the list, to consult with
representatives from certain entities.  

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.