89th Legislature

HB 3479

Overall Vote Recommendation
Vote No; Amend
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 3479 revises the Texas Agriculture Code to broaden the scope and strategic approach of the state’s vegetation control efforts along the Rio Grande River. Specifically, the bill amends Section 201.0225 to rename and expand what was previously the “Carrizo Cane Eradication Program” into the “Rio Grande Vegetative Management Program.” This change reflects a shift in focus from the sole eradication of Carrizo cane to the ongoing management of Carrizo cane and other noxious vegetation that impede border security.

Under the revised statute, the State Soil and Water Conservation Board remains responsible for the development and implementation of the program. The new language gives the board greater discretion in how it addresses problematic vegetation, allowing for integrated management strategies rather than solely eradication measures. The phrase “and other noxious vegetation” is added, signaling the legislature’s intent to allow the program to target a broader range of invasive plant species that threaten border operations or environmental integrity.

Overall, HB 3479 represents a strategic and administrative update to Texas' approach to vegetation control along the border, with an emphasis on flexibility and expanded scope to support environmental management and public safety efforts near the international boundary.
Author
Matt Morgan
Don McLaughlin
Richard Hayes
Briscoe Cain
Co-Author
Daniel Alders
Trent Ashby
Jeffrey Barry
Ben Bumgarner
David Cook
Tom Craddick
Charles Cunningham
Jay Dean
Mano DeAyala
Mark Dorazio
Paul Dyson
Caroline Fairly
James Frank
Ryan Guillen
Cody Harris
Janis Holt
Andy Hopper
Stan Kitzman
Marc LaHood
Mitch Little
A.J. Louderback
David Lowe
J. M. Lozano
John Lujan
Brent Money
Candy Noble
Mike Olcott
Tom Oliverson
Jared Patterson
Dennis Paul
Katrina Pierson
Richard Raymond
Keresa Richardson
Nate Schatzline
Alan Schoolcraft
Matthew Shaheen
Joanne Shofner
Shelby Slawson
Steve Toth
Cody Vasut
Trey Wharton
Sponsor
Judith Zaffirini
Co-Sponsor
Cesar Blanco
Roland Gutierrez
Adam Hinojosa
Juan Hinojosa
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3479 is not expected to have a fiscal impact on the state budget. The Soil and Water Conservation Board, which is charged with administering the Rio Grande Vegetative Management Program, is anticipated to absorb any implementation costs within its existing appropriations. Therefore, no additional state funds or appropriations are required to carry out the bill’s provisions.

The bill also carries no fiscal implications for local governments. Counties, municipalities, or other political subdivisions located along the Rio Grande would not be subject to new mandates or financial responsibilities under the proposed legislation. This suggests that implementation activities would remain centralized under the state’s authority, without cost-sharing or operational expectations placed on local jurisdictions.

In short, HB 3479 represents a programmatic and administrative update rather than a budgetary expansion. While it broadens the scope of vegetation management activities along the Rio Grande, it does so without triggering new expenditures, staffing, or infrastructure costs according to current estimates.

Vote Recommendation Notes

HB 3479 proposes to amend Section 201.0225 of the Texas Agriculture Code by expanding the state’s Carrizo Cane Eradication Program into a broader “Rio Grande Vegetative Management Program.” While the stated intent, to manage Carrizo cane and other invasive vegetation that impede border security efforts, may be reasonable in concept, the legislation as written introduces substantive concerns that conflict with core Liberty Principles, particularly those relating to limited government and private property rights.

Most notably, the bill significantly expands the scope of government authority without adequate limiting language or safeguards. Under current law, the Texas State Soil and Water Conservation Board is tasked with eradicating a specifically identified species, Carrizo cane. Under the proposed change, the board would instead be authorized to “manage” an open-ended and undefined category of “noxious vegetation.” This language creates an ambiguous statutory mandate with no clear limits, inviting broad administrative interpretation and potential overreach. Without a definition or criteria for what qualifies as “noxious vegetation,” this change could authorize the agency to initiate control measures against plant species that may not, in all cases, present legitimate threats to border security or landowners.

Additionally, the bill does not provide any property rights protections or notice requirements for private landowners along the Rio Grande who may be affected by state vegetation management activities. There is no language requiring consent, advance notice, compensation, or coordination with local property owners before vegetation control measures are carried out on or near private land. This omission poses a risk of government intrusion onto private property without due process and undermines the principle of local stewardship and voluntary cooperation in land management.

Though the fiscal note indicates that the bill will not create additional costs for the state or local governments and will be absorbed within existing resources, this does not preclude the risk of future operational expansion. By broadening the program's statutory scope without any sunset date, reporting requirement, or performance accountability mechanism, the bill opens the door to long-term agency growth and contracting activity outside legislative oversight. These types of open-ended programs, even if fiscally neutral at inception, can lead to sustained expansion of government operations without corresponding limits or objectives.

The bill also fails to include transparency requirements, stakeholder input mechanisms, or any performance metrics that would ensure the program operates efficiently and respects individual liberty and private land use. A management program of this nature should be grounded in a clear statutory framework that includes specific definitions, limitations on jurisdiction, and requirements for legislative reporting to avoid mission creep and safeguard constitutional boundaries.

Given these deficiencies, the bill substantially conflicts with core Liberty Principles. It grows the scope of government without adequate justification or constraint, presents risks to private property rights, and lacks mechanisms to ensure transparency or accountability. These issues are not peripheral, they strike at the heart of limited and accountable governance.

For these reasons, Texas Policy Research recommends that lawmakers vote NO on HB 3479 unless amended to include clear definitions, property rights protections, limits on agency authority, and fiscal and performance oversight.

  • Individual Liberty: The bill does not impose direct mandates or behavioral restrictions on individuals. However, to the extent that vegetation management might occur on or affect private land without consent, or restrict land use based on administrative decisions, it poses a potential risk to individual liberty. Property and liberty are tightly intertwined, and the unchecked expansion of administrative discretion into border-adjacent communities can erode individual autonomy.
  • Personal Responsibility: The bill does not directly incentivize or discourage personal responsibility. However, by centralizing the management of invasive vegetation under a state agency, without coordination requirements for private landowners or local governments, it may reduce the opportunity for local initiative, voluntary cooperation, or community-led conservation efforts.
  • Free Enterprise: The bill does not impose regulations on private businesses, nor does it interfere with market behavior directly. However, the expanded scope of the program may result in increased contracting and vendor activity. If the program grows in scale over time without competitive safeguards or cost oversight, it could concentrate public dollars in a limited set of vendors, undermining the principle of fair competition. These concerns, while speculative, warrant consideration given the bill’s open-ended language.
  • Private Property Rights: The bill’s most direct liberty conflict lies in its treatment of private land. Nowhere does the bill clarify whether landowner consent is required before management activities occur on private property. The original Carrizo Cane Eradication Program often involved mechanical removal or herbicide application near riparian zones, activities that have serious implications for landowners, water rights, and environmental stewardship. Without provisions ensuring notification, consent, or recourse for landowners, the bill risks enabling state interference with private land use and opens the door to de facto regulatory takings or trespass.
  • Limited Government: The bill broadens the scope of an existing state program by shifting its focus from the eradication of Carrizo cane to the ongoing management of Carrizo cane and “other noxious vegetation” along the Rio Grande. This expansion introduces vague and open-ended statutory language without establishing boundaries for the types of vegetation that can be managed or the circumstances in which the program may operate. Because the term "noxious vegetation" is undefined, the State Soil and Water Conservation Board is granted wide discretion, effectively increasing the agency’s authority without legislative accountability. This expansion of executive power lacks counterbalancing provisions such as sunset clauses, performance reporting, or legislative oversight. In a limited government framework, programs should be narrowly tailored, time-bound, and strictly accountable, none of which are addressed in the bill as drafted.
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