1-1 By: Glaze, Counts, Moffat, Turner of Coleman H.B. No. 334 1-2 (Senate Sponsor - Haley) 1-3 (In the Senate - Received from the House April 13, 1993; 1-4 April 14, 1993, read first time and referred to Committee on 1-5 Natural Resources; April 27, 1993, reported favorably by the 1-6 following vote: Yeas 8, Nays 0; April 27, 1993, sent to printer.) 1-7 COMMITTEE VOTE 1-8 Yea Nay PNV Absent 1-9 Sims x 1-10 Truan x 1-11 Armbrister x 1-12 Barrientos x 1-13 Bivins x 1-14 Brown x 1-15 Carriker x 1-16 Lucio x 1-17 Montford x 1-18 Ratliff x 1-19 Shelley x 1-20 A BILL TO BE ENTITLED 1-21 AN ACT 1-22 relating to certain devices used to protect nursery stock and the 1-23 inspection of those devices when used for commercial purposes. 1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-25 SECTION 1. Section 71.041, Agriculture Code, is amended by 1-26 adding Subdivision (5) to read as follows: 1-27 (5) "Nursery stock weather protection unit" means a 1-28 plant cover consisting of a series of removable, portable metal 1-29 hoops, covered by nonreusable plastic sheeting, shade cloth, or 1-30 other similar removable material, used exclusively for protecting 1-31 nursery products from weather elements. A nursery stock weather 1-32 protection unit is an implement of husbandry for all purposes, 1-33 including Article VIII, Section 19a, of the Texas Constitution. 1-34 SECTION 2. Section 71.044(a), Agriculture Code, is amended 1-35 to read as follows: 1-36 (a) At least once every three years the department shall 1-37 inspect each nursery, greenhouse, orchard, garden, florist, nursery 1-38 stock weather protection unit, or other place growing for sale or 1-39 lease or offering for sale or lease a nursery product, florist 1-40 item, or other item of plant life in order to determine if the 1-41 product, item, or premises are infected with a disease or insect 1-42 pest injurious to human, animal, or plant life. 1-43 SECTION 3. This Act takes effect January 1, 1994. 1-44 SECTION 4. The importance of this legislation and the 1-45 crowded condition of the calendars in both houses create an 1-46 emergency and an imperative public necessity that the 1-47 constitutional rule requiring bills to be read on three several 1-48 days in each house be suspended, and this rule is hereby suspended. 1-49 * * * * * 1-50 Austin, 1-51 Texas 1-52 April 27, 1993 1-53 Hon. Bob Bullock 1-54 President of the Senate 1-55 Sir: 1-56 We, your Committee on Natural Resources to which was referred H.B. 1-57 No. 334, have had the same under consideration, and I am instructed 1-58 to report it back to the Senate with the recommendation that it do 1-59 pass and be printed. 1-60 Sims, 1-61 Chairman 1-62 * * * * * 1-63 WITNESSES 1-64 FOR AGAINST ON 1-65 ___________________________________________________________________ 1-66 Name: Jeff T Tuley x 1-67 City: Murchison, Texas 1-68 ------------------------------------------------------------------- 2-1 Name: James K Presnal x 2-2 Representing: Texas Assn of Nurserymen 2-3 City: Austin, Texas 2-4 ------------------------------------------------------------------- 2-5 Name: Ed Edmondson x 2-6 Representing: Texas Assn of Nurserymen 2-7 City: Austin, Texas 2-8 ------------------------------------------------------------------- 2-9 Name: Robert William Cartwright x 2-10 Representing: Ran Pro Farms Inc 2-11 City: Tyler, Texas 2-12 -------------------------------------------------------------------