83R24702 JXC-D
By: M. Gonzalez of El Paso H.B. No. 1825
Substitute the following for H.B. No. 1825:
By: Kacal C.S.H.B. No. 1825
A BILL TO BE ENTITLED
AN ACT
relating to the sale or transportation of certain desert plants;
creating an offense and providing penalties; providing authority to
impose a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 5, Agriculture Code, is amended by adding
Subtitle F to read as follows:
SUBTITLE F. PRODUCTION, PROCESSING, AND SALE OF NURSERY PRODUCTS
CHAPTER 121. SALE OF DESERT PLANTS
Sec. 121.001. DEFINITIONS. In this chapter:
(1) "Commercial purchaser" means a person who
purchases a plant for the purpose of wholesale or retail sale.
(2) "Desert plant" means the following genera of
plants:
(A) Agave;
(B) Ariocarpus;
(C) Echinocactus;
(D) Echinocereus;
(E) Ferocactus;
(F) Fouquieria;
(G) Mammillaria; and
(H) Yucca.
Sec. 121.002. ADMINISTRATION. The department shall
administer this chapter and adopt rules necessary for its
enforcement.
Sec. 121.003. REQUIREMENTS FOR SALE OR TRANSPORTATION. A
person may not sell or offer for sale to a commercial purchaser a
desert plant or transport for transfer out of this state a desert
plant unless the person:
(1) complies with Sections 121.004 and 121.005 and
department rules on providing documentation of the source of the
desert plant; or
(2) owns the property from which the desert plant was
harvested and provides with the plant a shipping order or other
document showing the source of the plant or of a group of plants
that includes the plant.
Sec. 121.004. REGISTRATION AND COMPLIANCE AGREEMENT. (a)
A person who grows desert plants on or harvests desert plants from
property owned by another person for sale must register with the
department and enter into a compliance agreement with the
department that requires the person to provide a manifest or other
form of documentation during a sale or transfer in compliance with
Section 121.005.
(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 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 plants
from that property.
(e) The department may charge a registration and compliance
agreement fee to offset the costs of administering this chapter.
Sec. 121.005. DOCUMENTATION PROVIDED UNDER COMPLIANCE
AGREEMENT. (a) A person who sells or offers for sale a desert plant
and has entered into a compliance agreement under this chapter
shall, in accordance with department rules, provide a manifest or
other form of documentation of the source of the desert plant to:
(1) a commercial purchaser;
(2) a person who sells or offers for sale the desert
plant to a commercial purchaser; or
(3) a person who transports the desert plant for
transfer out of this state.
(b) The manifest or other form of documentation must
accompany the desert plant when the plant is:
(1) sold or offered for sale; or
(2) transported for transfer out of this state.
Sec. 121.006. 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 if
required under Sections 121.004 and 121.005. If an order is issued,
a person may not sell the desert plant or shipment until proper
documentation is provided.
Sec. 121.007. 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 if required by Sections 121.004 and 121.005; 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. 121.008. PENALTY. (a) A person commits an offense if
the person advertises, sells, or offers for sale to a commercial
purchaser a desert plant or a shipment of desert plants that is not
accompanied by a manifest or other form of documentation if
required by Sections 121.004 and 121.005.
(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 Subsections (c-1) and
(c-2) 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 121 is subject to this section and the applicable
penalty amount is $500.
(c-2) Subsection (c-1) does not authorize the department to
assess an administrative penalty against a person described by
Section 121.003(2).
SECTION 3. (a) Not later than December 1, 2013, the
Department of Agriculture shall adopt rules to administer Chapter
121, Agriculture Code, as added by this Act.
(b) Chapter 121, Agriculture Code, as added by this Act,
applies only to a desert plant that is sold, offered for sale, or
transported on or after January 1, 2014.
SECTION 4. This Act takes effect September 1, 2013.