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.