(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 at least one species currently growing in Texas shall include the disclaimer prescribed by §71.154 of the Texas Agriculture Code.

(b) If the list described in subsection (a) of this section is published in a television broadcast, the disclaimer prescribed by Texas Agriculture Code, §71.154, must be included within the broadcast and either:

(1) read immediately following publication of the list; or

(2) appear visually in a legible graphic displayed for at least 15 seconds during or immediately following publication of the list.

(c) If the list described in subsection (a) of this section is published in a radio broadcast, the disclaimer prescribed by Texas Agriculture Code, §71.154, must be included within the broadcast and read immediately following publication of the list.

(d) If the list described in subsection (a) of this section is placed on a billboard, the disclaimer prescribed by Texas Agriculture Code, §71.154 must also be placed on the same billboard and the height of the disclaimer lettering must be no less than one-fifth of the height of the lettering of the list on the billboard.

(e) If the list described in subsection (a) of this section is placed on or within media not expressly listed or described in Texas Agriculture Code, §71.154 or subsections (b) - (d) of this section, the disclaimer prescribed by Texas Agriculture Code, §71.154 must be placed on or within the other media using sufficient size or duration of presentation so as to be conspicuously visible and legible to, as well as accessible by, those viewing the published list.

Source Note: The provisions of this §19.301 adopted to be effective September 1, 2011, 36 TexReg 5359