By: Rodriguez S.B. No. 616

A BILL TO BE ENTITLED

AN ACT

relating to the sale or transportation 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 TRANSPORTATION. A person may not sell or offer for sale to a first purchaser a desert plant, or transport for transfer out of this state a desert plant, unless the person has documentation as required by department rule that the desert plant was harvested for sale in compliance with an agreement entered into in accordance with rules adopted under Section 122.004.

Sec. 122.004. REGISTRATION AND COMPLIANCE AGREEMENT. (a) A person who grows or harvests desert plants for sale must register with the department and enter into a compliance agreement with the department to ensure that a manifest or other form of documentation accompanies the person's desert plants when any of the person's desert plants are:

(1) sold or offered for sale to a first purchaser; or

(2) transported for transfer out of this state.

(b) The department by rule shall establish minimum standards for compliance agreements and the manifests or other forms of documentation to be provided in accordance with compliance agreements. A manifest or other form of documentation must:

(1) show the source of the desert plants; and

(2) verify compliance with the compliance agreement conditions.

(c) The department shall adopt rules, including procedures for inspection or other mechanisms, to ensure that a manifest or other form of documentation provided under a compliance agreement does not misrepresent the source of a desert plant.

(d) A person must include with an application for registration under this section:

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

(2) written documentation that the owner of the property from which the desert plants are to be harvested grants the person the authority to harvest the desert plants from that property.

(e) The department may charge a registration and compliance agreement fee to offset the costs of administering this chapter.

Sec. 122.005. DOCUMENTATION FOR SALE OR TRANSPORTATION OF DESERT PLANTS. (a) In accordance with department rules and the agreement entered into under Section 122.004, a person shall provide to a first purchaser or to a person who sells or offers for sale to a first purchaser the person's desert plants or transports for transfer out of this state the person's desert plants a manifest or other form of documentation of the source of the desert plants.

(b) A manifest or other form of documentation of the source of a desert plant must accompany the desert plant when:

(1) sold or offered for sale; or

(2) transported for transfer out of this state.

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

Sec. 122.007. AUTHORITY TO SEIZE DESERT PLANTS. (a) 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 a manifest or other form of documentation as provided by Section 122.005; and

(2) intended for transfer out of this state.

(b) The department shall:

(1) return desert plants seized under this section to the owner of the land from which they were harvested; or

(2) if the department is not able to identify the owner of the land from which the desert plants were harvested, deliver them to the Parks and Wildlife Department.

Sec. 122.008. PENALTY. (a) A person commits an offense if the person advertises, sells, or offers for sale to a first purchaser a desert plant or a shipment of desert plants that is not accompanied by a manifest or other form of 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 law described by Subsection (c) or (c-1) or a rule or order adopted by the department under a provision of law described by Subsection (c) or (c-1), 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, 2011, 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, 2012.

SECTION 4. This Act takes effect September 1, 2011.