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.