Tex. Parks & Wild. Code Section 66.0072
Exotic Harmful or Potentially Harmful Aquatic Plants


(a)

In this section:

(1)

“Exotic aquatic plant” means a nonindigenous aquatic plant that is not normally found in the public water of this state.

(2)

“Public water” has the meaning assigned by Section 66.015 (Introduction of Fish, Shellfish, and Aquatic Plants).

(b)

A person may not import, possess, sell, or place into the public water of this state an exotic harmful or potentially harmful aquatic plant except as authorized by commission rule or a permit issued by the department.

(c)

The commission by rule shall adopt a list of exotic aquatic plants that may not be imported into or possessed in this state without a permit.

(d)

The commission may enact an emergency rule as provided by Chapter 2001 (Administrative Procedure), Government Code, to add an exotic aquatic plant to the list of prohibited plants if the plant is determined to be harmful or potentially harmful.

(e)

This section does not apply to any microalgae imported, possessed, used, or sold for biofuel, academic, or research and development purposes. The department shall consult with the Department of Agriculture as necessary to administer this section and may not adopt rules or permits for microalgae imported, possessed, used, or sold for biofuel, academic, or research and development purposes without written approval from the Department of Agriculture of the rules or permits.

(f)

The commission shall adopt rules to implement this section.

(g)

A water transfer described by this subsection is not a violation of this section. The department may not require a permit under this section for a water transfer described by this subsection. This subsection applies to a water transfer that meets the following criteria:

(1)

the transfer is through a water supply system, including a related water conveyance, storage, or distribution facility;

(2)

the transfer is undertaken by a utility owned by a political subdivision, including a water district or municipality; and

(3)

the transfer is described by one or more of the following:

(A)

a transfer from a water body in which there is no known exotic harmful or potentially harmful aquatic plant population;

(B)

a transfer of water into a water body in which there is a known exotic harmful or potentially harmful aquatic plant population;

(C)

a transfer of water directly to a water treatment facility;

(D)

a transfer of water that has been treated prior to the transfer into a water body; or

(E)

a transfer of water from a reservoir or through a dam to address flood control or to meet water supply requirements or environmental flow purposes, provided that a person making a transfer of water described by this paragraph from a body of water in which there is a known exotic harmful or potentially harmful aquatic plant population notifies the department annually in writing before the proposed transfer occurs.
Added by Acts 2011, 82nd Leg., R.S., Ch. 661 (S.B. 1480), Sec. 6, eff. June 17, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1048 (H.B. 1919), Sec. 2, eff. June 19, 2015.

Source: Section 66.0072 — Exotic Harmful or Potentially Harmful Aquatic Plants, https://statutes.­capitol.­texas.­gov/Docs/PW/htm/PW.­66.­htm#66.­0072 (accessed Mar. 23, 2024).

66.001
Definitions
66.002
Consent to Take Fish from Private Water
66.003
Placing Explosives or Harmful Substances in Water
66.004
Taking of Fish by Electric Shock Prohibited
66.005
Wilful Destruction of Boat, Seine, or Net
66.006
Possession of Illegal Fishing Devices
66.007
Exotic Harmful or Potentially Harmful Fish and Shellfish
66.008
Fishing from Bridge
66.009
Navigation Districts
66.011
Leaving Fish to Die
66.012
Penalties
66.013
Federal Grants
66.014
Identification of Vehicle Transporting Aquatic Products
66.015
Introduction of Fish, Shellfish, and Aquatic Plants
66.016
Commercial Fishing Regulations Applicable if Commercial Plates on Board
66.017
License, Tag, and Permit Expirations and Transfers
66.018
Crab Trap Tags
66.019
Statistical Reports
66.020
Sale and Purchase of Protected Fish
66.021
Protected Fish: Display of Documents
66.022
Purchase for Evidence
66.023
Fraud in Fishing Tournaments
66.024
Seagrass Plants
66.0071
Removal of Harmful Aquatic Plants
66.0072
Exotic Harmful or Potentially Harmful Aquatic Plants
66.0073
Rules Requiring Water to Be Drained
66.0091
Fishing in Certain Man-made Waterways
66.102
Placing Prohibited Devices in Public Water
66.109
Fish Ladders
66.110
Screens to Protect Fish
66.111
Sale and Purchase of Certain Fish
66.114
Game and Nongame Fish Defined: Commission Proclamation
66.115
Handfishing
66.121
Penalty
66.204
Vessels and Obstructions in Fish Passes
66.206
Trotline Tags
66.208
Commercial Joint Fishing Ventures
66.215
Tags for Noncommercial Nets and Seines
66.216
Possession of Headed or Tailed Fish
66.217
Finfish Research
66.218
Penalties
66.301
Definition
66.303
Prohibited Acts
66.304
Port Authorities and Navigation Districts
66.305
Harbor Pilots
66.306
Enforcement
66.307
Political Asylum
66.308
Penalty
66.2011
Red Drum and Speckled Sea Trout: Penalties
66.2012
Regulation of Commercial Uses of Redfish and Speckled Sea Trout
66.2161
Sale or Purchase of Shark Fins or Shark Fin Products

Accessed:
Mar. 23, 2024

§ 66.0072’s source at texas​.gov