78R4446 PAM-D

By:  Shapleigh                                                    S.B. No. 970

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:
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 enforcement. 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 122.004; and (2) the person selling or offering the cactus for sale: (A) harvested the cactus from the person's property; (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) or (B). 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 122.003(2). (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.