Part 1. TEXAS DEPARTMENT OF AGRICULTURE
Chapter 19. QUARANTINES AND NOXIOUS AND INVASIVE PLANTS
Subchapter T. NOXIOUS AND INVASIVE PLANTS
The Texas Department of Agriculture (the department) amends §19.300, concerning a list of noxious and invasive plants. Amendments to §19.300 are necessary to implement the establishment of an invasive plant list in accordance with Texas Agriculture Code (the Code), §71.151, which requires the department, by rule, to publish a list of noxious and invasive plant species that have serious potential to cause economic or ecological harm to the state. The department has consulted 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 Texas Department of Parks and Wildlife in the preparation of this list. The department has considered scientific data and the economic impact of each plant species listed. Amendments to §19.300 establishes a list of invasive plants for Texas. Four plants are proposed for designation as invasive: Chinese tallowtree (Triadica sebiferum), kudzu (Pueraria montana var. lobata), saltcedar (Tamarix spp.), and tropical soda apple (Solanum viarum).
Dr. Awinash Bhatkar, Coordinator of Plant Quality Programs, has determined that, for the first five years the new section is in effect, there will be no fiscal implications for state or local government.
Dr. Bhatkar has also determined that, for each year of the first five years the new section is in effect, the public benefit anticipated as a result of enforcing and administering the new section will be the recognition of plants in Texas that may cause economic or ecological harm to the state. By law, the noxious and invasive plants listed may not be sold, distributed, or imported in Texas. There will be no cost to microbusinesses, small businesses, or individuals required to comply with this proposal.
Comments on the proposal may be submitted to Dr. Awinash Bhatkar, Coordinator of Plant Quality Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, and must be received no later than 30 days from the date of publication of the proposal in the Texas Register.
The amendments to §19.300 are proposed under the Texas Agriculture Code (the code), §71.151, which authorizes the department to publish by rule a list of noxious and invasive plant species that have serious potential to cause economic or ecological harm to the state.
The code that will be affected by the proposal is the Texas Agriculture Code, Chapter 71.
§19.300.Noxious and Invasive Plant List.
(a) The following plants have serious potential to cause economic or ecological harm to the state.
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Figure: 4 TAC §19.300(a)
]
(b) - (c) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 9, 2007.
TRD-200701310
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: May 20, 2007
For further information, please call: (512) 463-4075