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.