By: Madla S.B. No. 1091
A BILL TO BE ENTITLED
AN ACT
relating to noxious and invasive plants; providing a criminal
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter D, Chapter 71,
Agriculture Code, is amended to read as follows:
SUBCHAPTER D. NOXIOUS AND INVASIVE PLANTS
SECTION 2. Subsection (a), Section 71.151, Agriculture
Code, is amended to read as follows:
(a) The department by rule shall publish a list of noxious
and invasive plant species that have serious potential to cause
economic or ecological harm to the state. The department may
publish lists of noxious and invasive plant species organized by
region.
SECTION 3. Section 71.152, Agriculture Code, is amended to
read as follows:
Sec. 71.152. NOXIOUS OR INVASIVE PLANT SALE, DISTRIBUTION,
OR IMPORTATION PROHIBITED. (a) A person commits an offense if the
person sells, distributes, or imports into the state a noxious or
invasive 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 or
invasive plant item or unit sold, distributed, or imported.
SECTION 4. Subchapter D, Chapter 71, Agriculture Code, is
amended by adding Section 71.153 to read as follows:
Sec. 71.153. LOCAL REGULATION. (a) A political
subdivision may not adopt an ordinance or rule that restricts the
planting, sale, or distribution of noxious or invasive plant
species.
(b) This section does not limit the preparation and
distribution of educational materials relating to plants of local
concern.
SECTION 5. This Act takes effect September 1, 2005.