By: Shapiro S.B. No. 402 73R2339 JD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain devices used to protect nursery stock and the 1-3 registration and inspection of those devices when used for 1-4 commercial purposes. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 71.041, Agriculture Code, is amended by 1-7 adding Subdivision (5) to read as follows: 1-8 (5) "Nursery stock weather protection unit" means a 1-9 plant cover consisting of a series of removable, portable metal 1-10 hoops, covered by nonreusable plastic sheeting, shade cloth, or 1-11 other similar removable material, used exclusively for protecting 1-12 nursery products from weather elements. A nursery stock weather 1-13 protection unit is an implement of husbandry for all purposes, 1-14 including Article VIII, Section 19a, of the Texas Constitution. 1-15 SECTION 2. Section 71.043(a), Agriculture Code, is amended 1-16 to read as follows: 1-17 (a) A florist or nursery owner must register with the 1-18 department under this section each nursery, greenhouse, orchard, 1-19 garden, nursery stock weather protection unit, or other place 1-20 growing for sale or lease, offering for sale or lease, or 1-21 otherwise distributing a florist item or nursery product. 1-22 SECTION 3. Section 71.044(a), Agriculture Code, is amended 1-23 to read as follows: 1-24 (a) At least once every three years the department shall 2-1 inspect each nursery, greenhouse, orchard, garden, florist, nursery 2-2 stock weather protection unit, or other place growing for sale or 2-3 lease or offering for sale or lease a nursery product, florist 2-4 item, or other item of plant life in order to determine if the 2-5 product, item, or premises are infected with a disease or insect 2-6 pest injurious to human, animal, or plant life. 2-7 SECTION 4. This Act takes effect January 1, 1994. 2-8 SECTION 5. The importance of this legislation and the 2-9 crowded condition of the calendars in both houses create an 2-10 emergency and an imperative public necessity that the 2-11 constitutional rule requiring bills to be read on three several 2-12 days in each house be suspended, and this rule is hereby suspended.