84R18745 BEF-F
By: González, Márquez H.B. No. 798
Substitute the following for H.B. No. 798:
By: Rinaldi C.S.H.B. No. 798
A BILL TO BE ENTITLED
AN ACT
relating to a task force to study methods to prevent the theft of
desert plants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 12, Agriculture Code, is amended by
adding Section 12.052 to read as follows:
Sec. 12.052. STUDY OF METHODS TO PREVENT DESERT PLANT
THEFT. (a) Not later than December 1, 2015, the commissioner shall
appoint a task force to study methods to prevent the theft of desert
plants from private property, including the following genera of
plants:
(1) Agave;
(2) Ariocarpus;
(3) Echinocactus;
(4) Echinocereus;
(5) Ferocactus;
(6) Fouquieria;
(7) Mammillaria; and
(8) Yucca.
(b) The task force shall study the sale and transportation
of desert plants and methods to prevent the theft of desert plants
from private property. The task force may study the feasibility and
effectiveness of:
(1) implementing registration requirements for
persons who sell or transport desert plants;
(2) requiring persons who sell or transport desert
plants to enter into a compliance agreement with a state agency;
(3) requiring persons who sell or transport desert
plants to document the origin of the plants;
(4) authorizing a state agency to issue stop-sale
orders regarding or to seize desert plants that do not comply with
legal requirements;
(5) imposing civil, criminal, or administrative
penalties for persons who steal desert plants and for persons who
fail to comply with legal requirements governing the sale or
transportation of desert plants; and
(6) taking any other action to regulate the sale or
transportation of desert plants and prevent the theft of desert
plants, as determined by the task force.
(c) Not later than December 1, 2016, the task force shall
submit to the house committees on agriculture and livestock and
appropriations a report that includes recommendations for
legislation to regulate the sale or transportation of desert plants
and prevent the theft of desert plants from private property.
(d) This section expires December 31, 2016.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.