By: Rodriguez S.B. No. 616
(In the Senate - Filed February 11, 2011;
February 17, 2011, read first time and referred to Committee on
Agriculture and Rural Affairs; April 13, 2011, reported favorably
by the following vote: Yeas 3, Nays 0; April 13, 2011, sent to
printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the sale or transportation 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 TRANSPORTATION. A
person may not sell or offer for sale to a first purchaser a desert
plant, or transport for transfer out of this state a desert plant,
unless the person has documentation as required by department rule
that the desert plant was harvested for sale in compliance with an
agreement entered into in accordance with rules adopted under
Section 122.004.
Sec. 122.004. REGISTRATION AND COMPLIANCE AGREEMENT.
(a) A person who grows or harvests desert plants for sale must
register with the department and enter into a compliance agreement
with the department to ensure that a manifest or other form of
documentation accompanies the person's desert plants when any of
the person's desert plants are:
(1) sold or offered for sale to a first purchaser; or
(2) transported for transfer out of this state.
(b) The department by rule shall establish minimum
standards for compliance agreements and the manifests or other
forms of documentation to be provided in accordance with compliance
agreements. A manifest or other form of documentation must:
(1) show the source of the desert plants; and
(2) verify compliance with the compliance agreement
conditions.
(c) The department shall adopt rules, including procedures
for inspection or other mechanisms, to ensure that a manifest or
other form of documentation provided under a compliance agreement
does not misrepresent the source of a desert plant.
(d) A person must include with an application for
registration under this section:
(1) a written statement that the desert plants
provided by the person for sale will be harvested from that person's
property; or
(2) written documentation that the owner of the
property from which the desert plants are to be harvested grants the
person the authority to harvest the desert plants from that
property.
(e) The department may charge a registration and compliance
agreement fee to offset the costs of administering this chapter.
Sec. 122.005. DOCUMENTATION FOR SALE OR TRANSPORTATION OF
DESERT PLANTS. (a) In accordance with department rules and the
agreement entered into under Section 122.004, a person shall
provide to a first purchaser or to a person who sells or offers for
sale to a first purchaser the person's desert plants or transports
for transfer out of this state the person's desert plants a manifest
or other form of documentation of the source of the desert plants.
(b) A manifest or other form of documentation of the source
of a desert plant must accompany the desert plant when:
(1) sold or offered for sale; or
(2) transported for transfer out of this state.
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 a manifest or other form of documentation as
provided by Section 122.005. If an order is issued, a person may
not sell the desert plant or shipment until proper documentation is
provided.
Sec. 122.007. AUTHORITY TO SEIZE DESERT PLANTS. (a) 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 a manifest or other form of
documentation as provided by Section 122.005; and
(2) intended for transfer out of this state.
(b) The department shall:
(1) return desert plants seized under this section to
the owner of the land from which they were harvested; or
(2) if the department is not able to identify the owner
of the land from which the desert plants were harvested, deliver
them to the Parks and Wildlife Department.
Sec. 122.008. PENALTY. (a) A person commits an offense if
the person advertises, sells, or offers for sale to a first
purchaser a desert plant or a shipment of desert plants that is not
accompanied by a manifest or other form of 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 law described by
Subsection (c) or (c-1) or a rule or order adopted by the department
under a provision of law described by Subsection (c) or (c-1), 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, 2011, 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, 2012.
SECTION 4. This Act takes effect September 1, 2011.
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