Texas 2011 - 82nd Regular

Texas Senate Bill SB616 Compare Versions

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1	1	By: Rodriguez S.B. No. 616
2	2	(Hardcastle)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the sale or transportation of certain desert plants;
8	8	providing a penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 5, Agriculture Code, is
11	11	amended by adding Chapter 122 to read as follows:
12	12	CHAPTER 122. SALE OF DESERT PLANTS
13	13	Sec. 122.001. DEFINITION. In this chapter, "desert plant"
14	14	means the following genera of plants:
15	15	(1) Agave;
16	16	(2) Ariocarpus;
17	17	(3) Echinocactus;
18	18	(4) Echinocereus;
19	19	(5) Ferocactus;
20	20	(6) Fouquieria;
21	21	(7) Mammillaria; and
22	22	(8) Yucca.
23	23	Sec. 122.002. ADMINISTRATION. The department shall
24	24	administer this chapter and adopt rules necessary for its
25	25	enforcement.
26	26	Sec. 122.003. REQUIREMENTS FOR SALE OR TRANSPORTATION. A
27	27	person may not sell or offer for sale to a first purchaser a desert
28	28	plant, or transport for transfer out of this state a desert plant,
29	29	unless the person has documentation as required by department rule
30	30	that the desert plant was harvested for sale in compliance with an
31	31	agreement entered into in accordance with rules adopted under
32	32	Section 122.004.
33	33	Sec. 122.004. REGISTRATION AND COMPLIANCE AGREEMENT.
34	34	(a) A person who grows or harvests desert plants for sale must
35	35	register with the department and enter into a compliance agreement
36	36	with the department to ensure that a manifest or other form of
37	37	documentation accompanies the person's desert plants when any of
38	38	the person's desert plants are:
39	39	(1) sold or offered for sale to a first purchaser; or
40	40	(2) transported for transfer out of this state.
41	41	(b) The department by rule shall establish minimum
42	42	standards for compliance agreements and the manifests or other
43	43	forms of documentation to be provided in accordance with compliance
44	44	agreements. A manifest or other form of documentation must:
45	45	(1) show the source of the desert plants; and
46	46	(2) verify compliance with the compliance agreement
47	47	conditions.
48	48	(c) The department shall adopt rules, including procedures
49	49	for inspection or other mechanisms, to ensure that a manifest or
50	50	other form of documentation provided under a compliance agreement
51	51	does not misrepresent the source of a desert plant.
52	52	(d) A person must include with an application for
53	53	registration under this section:
54	54	(1) a written statement that the desert plants
55	55	provided by the person for sale will be harvested from that person's
56	56	property; or
57	57	(2) written documentation that the owner of the
58	58	property from which the desert plants are to be harvested grants the
59	59	person the authority to harvest the desert plants from that
60	60	property.
61	61	(e) The department may charge a registration and compliance
62	62	agreement fee to offset the costs of administering this chapter.
63	63	Sec. 122.005. DOCUMENTATION FOR SALE OR TRANSPORTATION OF
64	64	DESERT PLANTS. (a) In accordance with department rules and the
65	65	agreement entered into under Section 122.004, a person shall
66	66	provide to a first purchaser or to a person who sells or offers for
67	67	sale to a first purchaser the person's desert plants or transports
68	68	for transfer out of this state the person's desert plants a manifest
69	69	or other form of documentation of the source of the desert plants.
70	70	(b) A manifest or other form of documentation of the source
71	71	of a desert plant must accompany the desert plant when:
72	72	(1) sold or offered for sale; or
73	73	(2) transported for transfer out of this state.
74	74	Sec. 122.006. STOP-SALE ORDER. In enforcing this chapter,
75	75	the department may issue and enforce a written or printed order to
76	76	stop the sale of a desert plant or a shipment of desert plants that
77	77	is not accompanied by a manifest or other form of documentation as
78	78	provided by Section 122.005. If an order is issued, a person may
79	79	not sell the desert plant or shipment until proper documentation is
80	80	provided.
81	81	Sec. 122.007. AUTHORITY TO SEIZE DESERT PLANTS. (a) In
82	82	enforcing this chapter, the department with or without process may
83	83	seize a desert plant or a shipment of desert plants that is:
84	84	(1) not accompanied by a manifest or other form of
85	85	documentation as provided by Section 122.005; and
86	86	(2) intended for transfer out of this state.
87	87	(b) The department shall:
88	88	(1) return desert plants seized under this section to
89	89	the owner of the land from which they were harvested; or
90	90	(2) if the department is not able to identify the owner
91	91	of the land from which the desert plants were harvested, deliver
92	92	them to the Parks and Wildlife Department.
93	93	Sec. 122.008. PENALTY. (a) A person commits an offense if
94	94	the person advertises, sells, or offers for sale to a first
95	95	purchaser a desert plant or a shipment of desert plants that is not
96	96	accompanied by a manifest or other form of documentation as
97	97	provided by Section 122.005.
98	98	(b) An offense under this section is punishable by:
99	99	(1) a fine not to exceed $1,000;
100	100	(2) imprisonment for a term not to exceed 180 days; or
101	101	(3) both fine and imprisonment under this subsection.
102	102	SECTION 2. Section 12.020, Agriculture Code, is amended by
103	103	amending Subsections (a) and (b) and adding Subsection (c-1) to
104	104	read as follows:
105	105	(a) If a person violates a provision of law described by
106	106	Subsection (c) or (c-1) or a rule or order adopted by the department
107	107	under a provision of law described by Subsection (c) or (c-1), the
108	108	department may assess an administrative penalty against the person
109	109	as provided by this section.
110	110	(b) The penalty for each violation may be in an amount not to
111	111	exceed the maximum provided by Subsection (c) or (c-1) [of this
112	112	section]. Each day a violation continues or occurs may be
113	113	considered a separate violation for purposes of penalty
114	114	assessments.
115	115	(c-1) In addition to provisions described by Subsection
116	116	(c), Chapter 122 is subject to this section and the applicable
117	117	penalty amount is $500.
118	118	SECTION 3. (a) Not later than December 1, 2011, the
119	119	Department of Agriculture shall adopt rules to administer Chapter
120	120	122, Agriculture Code, as added by this Act.
121	121	(b) Chapter 122, Agriculture Code, as added by this Act,
122	122	applies only to a sale, an offer for sale, or the transportation of
123	123	a desert plant on or after January 1, 2012.
124	124	SECTION 4. This Act takes effect September 1, 2011.