H.B. No. 334
    1-1                                AN ACT
    1-2  relating to certain devices used to protect nursery stock and the
    1-3  inspection of those devices when used for commercial purposes.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 71.041, Agriculture Code, is amended by
    1-6  adding Subdivision (5) to read as follows:
    1-7              (5)  "Nursery stock weather protection unit" means  a
    1-8  plant cover consisting of a series of removable, portable metal
    1-9  hoops, covered by nonreusable plastic sheeting, shade cloth, or
   1-10  other similar removable material, used exclusively for protecting
   1-11  nursery products from weather elements.  A nursery stock weather
   1-12  protection unit is an implement of husbandry for all purposes,
   1-13  including Article VIII,  Section 19a, of the Texas Constitution.
   1-14        SECTION 2.  Section 71.044(a), Agriculture Code, is amended
   1-15  to  read as follows:
   1-16        (a)  At least once every three years the department shall
   1-17  inspect each nursery, greenhouse, orchard, garden, florist, nursery
   1-18  stock weather protection unit, or other place growing for sale or
   1-19  lease or offering for sale or lease a nursery product, florist
   1-20  item, or other item of plant life in order to determine if the
   1-21  product, item, or premises are infected with a disease or insect
   1-22  pest injurious to human, animal, or plant life.
   1-23        SECTION 3.  This Act takes effect January 1, 1994.
   1-24        SECTION 4.  The importance of this legislation and the
    2-1  crowded condition of the calendars in both houses create an
    2-2  emergency   and   an   imperative   public   necessity   that   the
    2-3  constitutional rule requiring bills to be read on three several
    2-4  days in each house be suspended, and this rule is hereby suspended.