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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale or transportation of certain desert plants; |
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creating an offense and providing penalties; providing authority to |
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impose a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Agriculture Code, is amended by adding |
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Subtitle F to read as follows: |
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SUBTITLE F. PRODUCTION, PROCESSING, AND SALE OF NURSERY PRODUCTS |
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CHAPTER 121. SALE OF DESERT PLANTS |
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Sec. 121.001. DEFINITIONS. In this chapter: |
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(1) "Commercial purchaser" means a person who |
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purchases a plant for the purpose of wholesale or retail sale. |
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(2) "Desert plant" means the following genera of |
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plants: |
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(A) Agave; |
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(B) Ariocarpus; |
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(C) Echinocactus; |
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(D) Echinocereus; |
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(E) Ferocactus; |
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(F) Fouquieria; |
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(G) Mammillaria; and |
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(H) Yucca. |
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Sec. 121.002. 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. 121.003. REQUIREMENTS FOR SALE OR TRANSPORTATION. A |
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person may not sell or offer for sale to a commercial purchaser a |
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desert plant or transport for transfer out of this state a desert |
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plant unless the person: |
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(1) complies with Sections 121.004 and 121.005 and |
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department rules on providing documentation of the source of the |
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desert plant; or |
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(2) owns the property from which the desert plant was |
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harvested and provides with the plant a shipping order or other |
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document showing the source of the plant or of a group of plants |
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that includes the plant. |
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Sec. 121.004. REGISTRATION AND COMPLIANCE AGREEMENT. (a) |
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A person who grows desert plants on or harvests desert plants from |
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property owned by another person for sale must register with the |
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department and enter into a compliance agreement with the |
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department that requires the person to provide a manifest or other |
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form of documentation during a sale or transfer in compliance with |
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Section 121.005. |
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(b) The department by rule shall establish minimum |
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standards for compliance agreements and the manifests or other |
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forms of documentation to be provided in accordance with compliance |
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agreements. A manifest or other form of documentation must: |
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(1) show the source of the desert plants; and |
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(2) verify compliance with the compliance agreement |
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conditions. |
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(c) The department shall adopt rules, including procedures |
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for inspection or other mechanisms, to ensure that a manifest or |
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other form of documentation provided under a compliance agreement |
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does not misrepresent the source of a desert plant. |
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(d) A person must include with an application for |
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registration under this section written documentation that the |
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owner of the property from which the desert plants are to be |
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harvested grants the person the authority to harvest the plants |
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from that property. |
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(e) The department may charge a registration and compliance |
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agreement fee to offset the costs of administering this chapter. |
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Sec. 121.005. DOCUMENTATION PROVIDED UNDER COMPLIANCE |
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AGREEMENT. (a) A person who sells or offers for sale a desert plant |
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and has entered into a compliance agreement under this chapter |
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shall, in accordance with department rules, provide a manifest or |
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other form of documentation of the source of the desert plant to: |
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(1) a commercial purchaser; |
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(2) a person who sells or offers for sale the desert |
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plant to a commercial purchaser; or |
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(3) a person who transports the desert plant for |
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transfer out of this state. |
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(b) The manifest or other form of documentation must |
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accompany the desert plant when the plant is: |
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(1) sold or offered for sale; or |
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(2) transported for transfer out of this state. |
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Sec. 121.006. 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 accompanied by a manifest or other form of documentation if |
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required under Sections 121.004 and 121.005. If an order is issued, |
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a person may not sell the desert plant or shipment until proper |
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documentation is provided. |
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Sec. 121.007. AUTHORITY TO SEIZE DESERT PLANTS. (a) In |
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enforcing this chapter, the department with or without process may |
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seize a desert plant or a shipment of desert plants that is: |
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(1) not accompanied by a manifest or other form of |
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documentation if required by Sections 121.004 and 121.005; and |
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(2) intended for transfer out of this state. |
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(b) The department shall: |
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(1) return desert plants seized under this section to |
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the owner of the land from which they were harvested; or |
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(2) if the department is not able to identify the owner |
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of the land from which the desert plants were harvested, deliver |
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them to the Parks and Wildlife Department. |
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Sec. 121.008. PENALTY. (a) A person commits an offense if |
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the person advertises, sells, or offers for sale to a commercial |
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purchaser a desert plant or a shipment of desert plants that is not |
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accompanied by a manifest or other form of documentation if |
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required by Sections 121.004 and 121.005. |
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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 Subsections (c-1) and |
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(c-2) to read as follows: |
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(a) If a person violates a provision of law described by |
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Subsection (c) or (c-1) or a rule or order adopted by the department |
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under a provision of law described by Subsection (c) or (c-1), the |
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department may assess an administrative penalty against the person |
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as provided by 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 121 is subject to this section and the applicable |
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penalty amount is $500. |
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(c-2) Subsection (c-1) does not authorize the department to |
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assess an administrative penalty against a person described by |
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Section 121.003(2). |
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SECTION 3. (a) Not later than December 1, 2013, the |
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Department of Agriculture shall adopt rules to administer Chapter |
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121, Agriculture Code, as added by this Act. |
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(b) Chapter 121, Agriculture Code, as added by this Act, |
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applies only to a desert plant that is sold, offered for sale, or |
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transported on or after January 1, 2014. |
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SECTION 4. This Act takes effect September 1, 2013. |