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  By: Aycock (Senate Sponsor - Seliger) H.B. No. 338
         (In the Senate - Received from the House April 4, 2011;
  April 20, 2011, read first time and referred to Committee on
  Agriculture and Rural Affairs; May 17, 2011, reported favorably by
  the following vote:  Yeas 4, Nays 0; May 17, 2011, sent to
  printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to disclaimers by certain entities promulgating lists of
  noxious or invasive terrestrial plant species.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 71, Agriculture Code, is
  amended by adding Section 71.154 to read as follows:
         Sec. 71.154.  DISCLAIMER REQUIRED. (a)  A public entity,
  other than the department, that produces for public distribution to
  commercial or residential landscapers a list of noxious or invasive
  terrestrial plant species that includes a species growing in this
  state shall provide with the list a disclaimer that states: "THIS
  PLANT LIST IS ONLY A RECOMMENDATION AND HAS NO LEGAL EFFECT IN THE
  STATE OF TEXAS.  IT IS LAWFUL TO SELL, DISTRIBUTE, IMPORT, OR
  POSSESS A PLANT ON THIS LIST UNLESS THE TEXAS DEPARTMENT OF
  AGRICULTURE LABELS THE PLANT AS NOXIOUS OR INVASIVE ON THE
  DEPARTMENT'S PLANT LIST."
         (b)  A public entity, other than the department, that
  produces a list of noxious or invasive terrestrial plant species in
  printed material made for public distribution to commercial or
  residential landscapers, including a newspaper, trade publication,
  notice, circular, or Internet website, shall post the disclaimer
  required by Subsection (a) in at least 12-point type in a
  conspicuous location readily visible by persons viewing the list.
         (c)  The department shall adopt rules requiring a public
  entity to include the disclaimer required by Subsection (a) in a
  manner equivalent to the manner described by Subsection (b) for
  publication of the entity's list of noxious or invasive terrestrial
  plant species through media not described by Subsection (b),
  including billboards, radio productions, and television
  productions.
         SECTION 2.  Section 71.154, Agriculture Code, as added by
  this Act, applies only to a list that is published or distributed on
  or after the effective date of this Act. A list that is published or
  distributed before the effective date of this Act is governed by the
  law in effect immediately before the effective date of this Act, and
  the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2011.
 
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