By: Shapleigh S.B. No. 689

(In the Senate - Filed February 15, 2007; February 28, 2007, read first time and referred to Subcommittee on Agriculture, Rural Affairs and Coastal Resources; April 23, 2007, reported adversely, with favorable Committee Substitute from Committee on Natural Resources by the following vote: Yeas 9, Nays 0; April 23, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 689 By: Hinojosa

A BILL TO BE ENTITLED

AN ACT

relating to the sale or transport of certain desert plants; 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 DESERT PLANTS

Sec. 122.001. DEFINITION. In this chapter, "desert plant" means the following genera of plants:

(1) Agave;

(2) Ariocarpus;

(3) Echinocactus;

(4) Echinocereus;

(5) Ferocactus;

(6) Fouquieria;

(7) Mammillaria; and

(8) Yucca.

Sec. 122.002. ADMINISTRATION. The department shall administer this chapter and adopt rules necessary for its enforcement.

Sec. 122.003. REQUIREMENTS FOR SALE OR TRANSPORT. Unless documentation is provided as prescribed by Section 122.005, a person may not:

(1) sell a desert plant;

(2) offer a desert plant for sale; or

(3) transport a desert plant out of this state.

Sec. 122.004. REGISTRATION REQUIRED. (a) A person who grows or harvests a desert plant for sale must register with the department.

(b) A person described by Subsection (a) must include the following with the registration information provided to the department:

(1) a statement that the desert plants provided for sale will be harvested from the person's property; or

(2) written documentation from the owner of the property from which the desert plants will be harvested granting the person selling or offering to sell the plants the authority to harvest the plants.

Sec. 122.005. DOCUMENTATION FOR SALE OR TRANSPORT OF DESERT PLANTS. (a) A person subject to Section 122.004 shall provide documentation prescribed by the department certifying the sale or transport for each transaction involving at least 25 desert plants harvested for sale under this chapter. Documentation provided under this subsection may certify no more than 25 desert plants. For a transaction involving more than 25 desert plants, a person must provide documentation for each grouping of 25 or fewer plants.

(b) The department may charge a fee for providing documentation under this section.

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 desert plant or a shipment of desert plants that is not accompanied by documentation as provided by Section 122.005. If an order is issued, a person may not sell the plant or shipment until proper documentation is provided.

Sec. 122.007. AUTHORITY TO SEIZE PLANTS. In enforcing this chapter, the department with or without process may seize a desert plant or a shipment of desert plants that is:

(1) not accompanied by documentation as provided by Section 122.005; and

(2) intended for transfer out of this state.

Sec. 122.008. PENALTY. (a) A person commits an offense if the person advertises, sells, or offers for sale a desert plant or a shipment of desert plants that is not accompanied by documentation as provided by Section 122.005.

(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. Section 12.020, Agriculture Code, is amended by amending Subsections (a) and (b) and adding Subsection (c-1) to read as follows:

(a) If a person violates a provision of this code described by Subsection (c) or (c-1) of this section or a rule or order adopted by the department under a provision of this code described by Subsection (c) or (c-1) of this section, the department may assess an administrative penalty against the person as provided by this section.

(b) The penalty for each violation may be in an amount not to exceed the maximum provided by Subsection (c) or (c-1) of this section. Each day a violation continues or occurs may be considered a separate violation for purposes of penalty assessments.

(c-1) In addition to provisions described by Subsection (c), Chapter 122 is subject to this section and the applicable penalty amount is $500.

SECTION 3. (a) Not later than December 1, 2007, the Department of Agriculture shall adopt rules to administer Chapter 122, Agriculture Code, as added by this Act.

(b) Chapter 122, Agriculture Code, as added by this Act, applies only to a sale, an offer for sale, or the transportation of a desert plant on or after January 1, 2008.

SECTION 4. This Act takes effect September 1, 2007.

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