By: Shapleigh S.B. No. 970
A BILL TO BE ENTITLED
relating to the sale of cacti; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 5, Agriculture Code, is
amended by adding Chapter 122 to read as follows:
CHAPTER 122. SALE OF CACTI
Sec. 122.001. DEFINITION. In this chapter, "cactus"
includes a yucca, agave, and ocotillo plant.
Sec. 122.002. ADMINISTRATION. The department shall
administer this chapter and adopt rules necessary for its
Sec. 122.003. REQUIREMENTS FOR SALE. A person may not sell
or offer for sale a cactus unless:
(1) the plant is marked as inspected under Section
(2) the person selling or offering the cactus for
(A) harvested the cactus from the person's
(B) provides written documentation from the
owner of the property from which the cactus was harvested granting
the person selling or offering to sell the cactus the authority to
harvest the cactus; or
(C) provides evidence to demonstrate that the
person obtained the cactus from a person described by Paragraph (A)
Sec. 122.004. INSPECTION. (a) The department shall
inspect a cactus that is offered for sale in this state to ensure
compliance with Section 122.003(2).
(b) An inspector conducting an inspection under this
section shall mark each plant that complies with Section
(c) The department may charge a fee for an inspection
conducted under this section.
Sec. 122.005. ENTRY POWER. In enforcing this chapter, the
department 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. In enforcing this chapter,
the department may 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. If an order is issued, a person
may not sell the plant or shipment until it has been properly
inspected and marked.
Sec. 122.007. PENALTY. (a) 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) An offense under this section is punishable by:
(1) a fine not to exceed $1,000;
(2) imprisonment for a term not to exceed 180 days; or
(3) both fine and imprisonment under this subsection.
SECTION 2. Not later than December 1, 2003, the Texas
Department of Agriculture shall adopt rules to administer Chapter
122, Agriculture Code, as added by this Act.
SECTION 3. This Act takes effect January 1, 2004.