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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale or transport of certain desert plants; |
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providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 5, Agriculture Code, is |
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amended by adding Chapter 122 to read as follows: |
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CHAPTER 122. SALE OF DESERT PLANTS |
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Sec. 122.001. DEFINITION. In this chapter, "desert plant" |
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means a plant that belongs to any of the following genera: |
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(1) Agave; |
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(2) Ariocarpus; |
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(3) Echinocactus; |
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(4) Echinocereus; |
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(5) Ferocactus; |
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(6) Fouquieria; |
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(7) Mammillaria; or |
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(8) Yucca. |
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Sec. 122.002. ADMINISTRATION. The department shall |
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administer this chapter and adopt rules necessary for its |
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enforcement. |
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Sec. 122.003. REQUIREMENTS FOR SALE OR TRANSPORT. Unless a |
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desert plant is marked as provided by Section 122.005, a person may |
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not: |
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(1) sell the plant; |
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(2) offer the plant for sale; or |
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(3) transport the plant out of this state. |
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Sec. 122.004. REGISTRATION REQUIRED. (a) A person who |
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grows or harvests a desert plant for sale must register with the |
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department. |
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(b) A person described by Subsection (a) must include the |
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following with the registration information provided to the |
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department: |
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(1) a statement that the desert plants provided for |
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sale will be harvested from the person's property; or |
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(2) written documentation from the owner of the |
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property from which the desert plants will be harvested granting |
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the person selling or offering to sell the plants the authority to |
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harvest the plants. |
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Sec. 122.005. MARKING OF DESERT PLANTS. (a) A person |
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subject to Section 122.004 shall mark each desert plant harvested |
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for sale under this chapter with an identification mark prescribed |
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by the department. |
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(b) The department may charge a fee for providing an |
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identification mark under this section. |
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Sec. 122.006. STOP-SALE ORDER. In enforcing this chapter, |
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the department may issue and enforce a written or printed order to |
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stop the sale of a desert plant or a shipment of desert plants that |
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is not marked as provided by Section 122.005. If an order is |
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issued, a person may not sell the plant or shipment until it has |
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been properly marked. |
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Sec. 122.007. AUTHORITY TO SEIZE PLANTS. In enforcing this |
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chapter, the department with or without process may seize a desert |
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plant or a shipment of desert plants that is: |
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(1) not marked as provided by Section 122.005; and |
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(2) intended to be transported out of this state. |
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Sec. 122.008. PENALTY. (a) A person commits an offense if |
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the person advertises, sells, or offers for sale a desert plant or a |
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shipment of desert plants that is not clearly and distinctly marked |
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as provided by Section 122.005. |
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(b) An offense under this section is punishable by: |
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(1) a fine not to exceed $1,000; |
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(2) imprisonment for a term not to exceed 180 days; or |
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(3) both fine and imprisonment under this subsection. |
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SECTION 2. Section 12.020, Agriculture Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (c-1) to |
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read as follows: |
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(a) If a person violates a provision of this code described |
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by Subsection (c) or (c-1) [of this section] or a rule or order |
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adopted by the department under a provision of this code described |
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by Subsection (c) or (c-1) [of this section], the department may |
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assess an administrative penalty against the person as provided by |
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this section. |
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(b) The penalty for each violation may be in an amount not to |
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exceed the maximum provided by Subsection (c) or (c-1) [of this
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section]. Each day a violation continues or occurs may be |
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considered a separate violation for purposes of penalty |
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assessments. |
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(c-1) In addition to provisions described by Subsection |
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(c), Chapter 122 is subject to this section and the applicable |
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penalty amount is $500. |
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SECTION 3. (a) Not later than December 1, 2007, the |
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Department of Agriculture shall adopt rules to administer Chapter |
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122, Agriculture Code, as added by this Act. |
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(b) Chapter 122, Agriculture Code, as added by this Act, |
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applies only to a sale, an offer for sale, or the transportation of |
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a desert plant on or after January 1, 2008. |
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SECTION 4. This Act takes effect September 1, 2007. |