81R1058 JJT-D
By: Shapleigh S.B. No. 212
A BILL TO BE ENTITLED
AN ACT
relating to the sale or transport of certain desert plants;
providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 5, Agriculture Code, is
amended by adding Chapter 122 to read as follows:
CHAPTER 122. SALE OF DESERT PLANTS
Sec. 122.001. DEFINITION. In this chapter, "desert plant"
means the following genera of plants:
(1) Agave;
(2) Ariocarpus;
(3) Echinocactus;
(4) Echinocereus;
(5) Ferocactus;
(6) Fouquieria;
(7) Mammillaria; and
(8) Yucca.
Sec. 122.002. ADMINISTRATION. The department shall
administer this chapter and adopt rules necessary for its
enforcement.
Sec. 122.003. REQUIREMENTS FOR SALE OR TRANSPORT. Unless
documentation is provided as prescribed by Section 122.005, a
person may not:
(1) sell a desert plant;
(2) offer a desert plant for sale; or
(3) transport a desert plant out of this state.
Sec. 122.004. REGISTRATION REQUIRED. (a) A person who
grows or harvests a desert plant for sale must register with the
department.
(b) A person described by Subsection (a) must include the
following with the registration information provided to the
department:
(1) a statement that the desert plants provided for
sale will be harvested from the person's property; or
(2) written documentation from the owner of the
property from which the desert plants will be harvested granting
the person selling or offering to sell the plants the authority to
harvest the plants.
Sec. 122.005. DOCUMENTATION FOR SALE OR TRANSPORT OF DESERT
PLANTS. (a) A person subject to Section 122.004 shall provide
documentation prescribed by the department certifying the sale or
transport for each transaction involving at least 25 desert plants
harvested for sale under this chapter. Documentation provided
under this subsection may certify no more than 25 desert plants.
For a transaction involving more than 25 desert plants, a person
must provide documentation for each grouping of 25 or fewer plants.
(b) The department may charge a fee for providing
documentation under this section.
Sec. 122.006. STOP-SALE ORDER. In enforcing this chapter,
the department may issue and enforce a written or printed order to
stop the sale of a desert plant or a shipment of desert plants that
is not accompanied by documentation as provided by Section 122.005.
If an order is issued, a person may not sell the plant or shipment
until proper documentation is provided.
Sec. 122.007. AUTHORITY TO SEIZE PLANTS. In enforcing this
chapter, the department with or without process may seize a desert
plant or a shipment of desert plants that is:
(1) not accompanied by documentation as provided by
Section 122.005; and
(2) intended for transfer out of this state.
Sec. 122.008. PENALTY. (a) A person commits an offense if
the person advertises, sells, or offers for sale a desert plant or a
shipment of desert plants that is not accompanied by documentation
as provided by Section 122.005.
(b) An offense under this section is punishable by:
(1) a fine not to exceed $1,000;
(2) imprisonment for a term not to exceed 180 days; or
(3) both fine and imprisonment under this subsection.
SECTION 2. Section 12.020, Agriculture Code, is amended by
amending Subsections (a) and (b) and adding Subsection (c-1) to
read as follows:
(a) If a person violates a provision of this code described
by Subsection (c) or (c-1) of this section or a rule or order
adopted by the department under a provision of this code described
by Subsection (c) or (c-1) of this section, the department may
assess an administrative penalty against the person as provided by
this section.
(b) The penalty for each violation may be in an amount not to
exceed the maximum provided by Subsection (c) or (c-1) of this
section. Each day a violation continues or occurs may be considered
a separate violation for purposes of penalty assessments.
(c-1) In addition to provisions described by Subsection
(c), Chapter 122 is subject to this section and the applicable
penalty amount is $500.
SECTION 3. (a) Not later than December 1, 2009, the
Department of Agriculture shall adopt rules to administer Chapter
122, Agriculture Code, as added by this Act.
(b) Chapter 122, Agriculture Code, as added by this Act,
applies only to a sale, an offer for sale, or the transportation of
a desert plant on or after January 1, 2010.
SECTION 4. This Act takes effect September 1, 2009.