83R1452 JXC-D
By: M. Gonzalez of El Paso H.B. No. 1825
A BILL TO BE ENTITLED
AN ACT
relating to the sale or transportation of certain desert plants;
creating an offense; providing a penalty.
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 122. SALE OR TRANSPORT OF DESERT PLANTS
Sec. 122.001. DEFINITIONS. In this chapter:
(1) "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.
(2) "First purchaser" means a person who makes the
first purchase of a plant after the plant is harvested.
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)
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 includes with the plant:
(1) a manifest or other form of documentation showing
the source of the plant;
(2) verification that the manifest or other form of
documentation complies with department rules adopted under this
section; and
(3) verification that the harvest and sale of the
plant complies with a compliance agreement described by Section
122.004.
(b) The department by rule shall establish minimum
standards for the manifest and documentation described by
Subsection (a). The rules must include procedures for inspection or
other mechanisms to ensure that a manifest or other form of
documentation does not misrepresent the source of a desert plant.
Sec. 122.004. REGISTRATION AND COMPLIANCE AGREEMENT. (a)
A person who grows or harvests a desert plant for sale or transport
out of this state must register with the department and enter into a
compliance agreement with the department describing the terms under
which a person may sell or transport the plant.
(b) A person must include with an application for
registration under this section:
(1) a written statement that a desert plant 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 plant is to be harvested grants the
person the authority to harvest the desert plant from that
property.
(c) The department by rule shall establish a standard
compliance agreement described by Subsection (a). The compliance
agreement must state that a person who enters a compliance
agreement under this section must comply with Section 122.003.
(d) The department may charge a registration and compliance
agreement fee to offset the costs of administering this chapter.
Sec. 122.005. 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 122.003. If an order is issued, a person may
not sell the desert plant or shipment until proper documentation is
provided.
Sec. 122.006. 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 required by Section 122.003; 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. 122.007. 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
required by Section 122.003.
(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, 2013, 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, 2014.
SECTION 4. This Act takes effect September 1, 2013.