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By:  Madla                                                        S.B. No. 854


A BILL TO BE ENTITLED

AN ACT

relating to the sale, distribution, or importation of noxious 
plants; providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 71, Agriculture Code, is amended by 
adding Subchapter D to read as follows:

SUBCHAPTER D.  NOXIOUS PLANTS
	Sec. 71.151.  LIST REQUIRED.  (a)  The department by rule 
shall publish a list of noxious plant species that have serious 
potential to cause economic or ecological harm to the state.  The 
department may publish lists of noxious plant species organized by 
region.
	(b)  In preparing or amending a list under this section, the 
department shall:
		(1)  consult with representatives from the agriculture 
industry, the horticulture industry, the Texas Cooperative 
Extension, the Texas Department of Transportation, the State Soil 
and Water Conservation Board, and the Parks and Wildlife 
Department;
		(2)  consider any available scientific data and 
economic impact information for each plant species; and
		(3)  use any standard criteria established by the 
department.        
	Sec. 71.152.  NOXIOUS PLANT SALE, DISTRIBUTION, OR 
IMPORTATION PROHIBITED. (a)  A person commits an offense if the 
person sells, distributes, or imports into the state a noxious 
plant species included on the department's list described under 
Section 71.151.
	(b)  An offense under this section is a Class C misdemeanor.            
	(c)  A person commits a separate offense for each noxious 
plant item or unit sold, distributed, or imported.
	SECTION 2.  This Act takes effect September 1, 2003.