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78R4446 PAM-D

By:  Shapleigh                                                    S.B. No. 970



A BILL TO BE ENTITLED

AN ACT

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 
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.