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
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    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
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