SRC-TJG, JLB S.B. 970 78(R)BILL ANALYSIS


Senate Research CenterS.B. 970
By: Shapleigh
Natural Resources
7/8/2003
Enrolled


DIGEST AND PURPOSE 

Currently, the West Texas desert area is a prime target for the illegal
harvesting of cacti and other succulents, which may damage the desert
ecosystem if certain actions are not taken.  S.B. 970 directs the Texas
Department of Agriculture to administer and adopt rules necessary to
enforce a system of inspections to ensure that each desert plant sold in
or leaving Texas has been legally harvested. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department of
Agriculture in SECTION 1 (Section 122.002, Agriculture Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle F, Title 5, Agriculture Code, by adding
Chapter 122, as follows: 

CHAPTER 122.  SALE OF DESERT PLANTS

 Sec. 122.001.  DEFINITION.  Defines "desert plant."

Sec. 122.002.  ADMINISTRATION.  Requires the Texas Department of
Agriculture (TDA) to administer this chapter and adopt rules necessary for
its enforcement. 

Sec. 122.003.  REQUIREMENTS FOR SALE OR TRANSPORT.  Prohibits a person,
unless documentation is provided as prescribed by Section 122.005, from
certain acts. 

Sec. 122.004.  REGISTRATION REQUIRED.  (a)  Requires a person who grows or
harvests a desert plant for sale to register with TDA. 

(b)  Requires a person described by Subsection (a) to include certain
information with the registration information provided to TDA. 
 
Sec. 122.005.  DOCUMENTATION FOR SALE OR TRANSPORT OF DESERT PLANTS.  (a)
Requires a person subject to Section 122.004 to provide documentation
prescribed by TDA certifying the sale or transport for each transaction
involving at least 25 desert plants harvested for sale under this chapter.
Authorizes documentation provided under this subsection to certify no more
than 25 desert plants.  Requires a person, for a transaction involving
more than 25 desert plants, to provide documentation for each grouping of
25 or fewer plants. 

(b) Authorizes TDA to charge a fee for providing documentation under this
section. 
 
Sec. 122.006.  STOP-SALE ORDER.  Authorizes TDA, in enforcing this
chapter, to issue and enforce a written or printed order to stop the sale
of a desert plant or a shipment of desert plants that is not accompanied
by documentation as provided by Section 122.005.  Prohibits a person, if
an order is issued, from selling the plant or shipment until proper
documentation is provided. 
 Sec. 122.007.  AUTHORITY TO SEIZE PLANTS.  Authorizes TDA with or without
process, in enforcing this chapter, to seize a certain desert plant or a
certain shipment of desert plants.   

Sec.  122.008.  PENALTY.  (a)  Provides that a person commits an offense
if the person advertises, sells, or offers for sale a desert plant or a
shipment of desert plants that is not accompanied by documentation as
provided by Section 122.005. 
 
(b)  Provides that an offense under this section is punishable under
certain guidelines, including fines and imprisonment. 

SECTION 2.  Amends Section 12.020, Agriculture Code, by amending
Subsections (a) and (b) and adding Subsection (c-1), as follows: 

(a)  Authorizes TDA, if a person violates a provision of this code
described by Subsection (c) or (c-1) of this section or a rule or order
adopted by TDA under a provision of this code described by Subsection (c)
or (c-1) of this section, to assess an administrative penalty against the
person as provided by this section. 

 (b)  Makes a conforming change.

(c-1)  Provides that in addition to provisions described by Subsection
(c), Chapter 122 is subject to this section, and the applicable penalty
amount is $500.   

SECTION 3.  Requires TDA, not later than December 1, 2003, to adopt rules
to administer Chapter 122, Agriculture Code, as added by this Act. 
 
SECTION 4.  Effective date:  January 1, 2004.