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A proposed new Texas law (HB 338) would require any public entity other than the Texas Department of Agriculture that produces a list of noxious or invasive terrestrial plant species growing in this state to include a disclaimer.
The following disclaimer would be required on all printed material made for public distribution including newspapers, trade publications, circulars or Internet websites:
“This plant list is only a recommendation and has no legal effect in the State of Texas. The Texas Department of Agriculture has sole authority to label terrestrial plants as noxious or invasive.”
State Rep. Jimmy Don Aycock, who represents Burnet, Lampasas and part of Bell County, sponsored the bill, which has not yet gone to committee. The only official, legally binding list of terrestrial invasive plants is the list maintained by the Department of Agriculture; the Texas Parks and Wildlife Department is responsible for the aquatic invasive plant list.
Some people get confused and think other lists might also be official and legally binding when they are not. This bill will help clear that up, according to a spokesman in Aycock’s office. Native plant societies and garden clubs could still put out their lists without disclaimers. Government entities and agencies must use the disclaimer. He specifically mentioned the Lady Bird Johnson Wildflower Center as possibly confusing people.
The bill was actually written by the Texas Nursery and Landscape Association (TNLA), according to the spokesman.
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**ARCHIVED POST AUTHOR: kathytrizna
