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


Senate Research Center   S.B. 970
78R4446 PAM-DBy: Shapleigh
Natural Resources
4/17/2003
As Filed


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.  As proposed, 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) and SECTION 2
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 CACTI

 Sec. 122.001.  DEFINITION.  Defines "cactus."

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.  Prohibits a person from selling or
offering for sale a cactus unless a certain exception applies. 

Sec. 122.004.  INSPECTION.  (a)  Requires TDA to inspect a cactus that is
offered for sale in this state to ensure compliance with Section
122.003(2). 
 
(b)  Requires an inspector conducting an inspection under this section to
mark each plant that complies with Section 122.003(2). 

(c)  Authorizes TDA to charge a fee for an inspection conducted under this
section. 
 
Sec. 122.005.  ENTRY POWER.  Provides that in enforcing this chapter, TDA
is entitled to enter during normal business hours any place of business,
farm, shed, or other location in this state where cacti are grown, sold,
offered for sale, or displayed. 
 
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 cactus or a shipment of cacti that is not marked as inspected under
Section 122.004.  Prohibits a person, if an order is issued, from selling
the plant or shipment until it has been properly inspected and marked. 

Sec. 122.007.  PENALTY.  (a)  Provides that a person commits an offense if
the person advertises, sells, or offers for sale a cactus or a shipment of
cacti that is not clearly and distinctly marked as inspected under Section
122.004. 
  
(b)  Provides that an offense under this section is punishable under
certain guidelines, including fines and imprisonment. 

SECTION 2.  Requires TDA, not later than December 1, 2003, to adopt rules
to administer Chapter 122, Agriculture Code, as added by this Act. 
 
SECTION 3.  Effective date:  January 1, 2004.