83R1452 JXC-D
 
  By: M. Gonzalez of El Paso H.B. No. 1825
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the sale or transportation of certain desert plants;
  creating an offense; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 5, Agriculture Code, is amended by adding
  Subtitle F to read as follows:
  SUBTITLE F.  PRODUCTION, PROCESSING, AND SALE OF NURSERY PRODUCTS
  CHAPTER 122. SALE OR TRANSPORT OF DESERT PLANTS
         Sec. 122.001.  DEFINITIONS. In this chapter:
               (1)  "Desert plant" means the following genera of
  plants:
                     (A)  Agave;
                     (B)  Ariocarpus;
                     (C)  Echinocactus;
                     (D)  Echinocereus;
                     (E)  Ferocactus;
                     (F)  Fouquieria;
                     (G)  Mammillaria; and
                     (H)  Yucca.
               (2)  "First purchaser" means a person who makes the
  first purchase of a plant after the plant is harvested.
         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)
  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 includes with the plant:
               (1)  a manifest or other form of documentation showing
  the source of the plant;
               (2)  verification that the manifest or other form of
  documentation complies with department rules adopted under this
  section; and
               (3)  verification that the harvest and sale of the
  plant complies with a compliance agreement described by Section
  122.004.
         (b)  The department by rule shall establish minimum
  standards for the manifest and documentation described by
  Subsection (a). The rules must include procedures for inspection or
  other mechanisms to ensure that a manifest or other form of
  documentation does not misrepresent the source of a desert plant.
         Sec. 122.004.  REGISTRATION AND COMPLIANCE AGREEMENT. (a)
  A person who grows or harvests a desert plant for sale or transport
  out of this state must register with the department and enter into a
  compliance agreement with the department describing the terms under
  which a person may sell or transport the plant.
         (b)  A person must include with an application for
  registration under this section:
               (1)  a written statement that a desert plant 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 plant is to be harvested grants the
  person the authority to harvest the desert plant from that
  property.
         (c)  The department by rule shall establish a standard
  compliance agreement described by Subsection (a). The compliance
  agreement must state that a person who enters a compliance
  agreement under this section must comply with Section 122.003.
         (d)  The department may charge a registration and compliance
  agreement fee to offset the costs of administering this chapter.
         Sec. 122.005.  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 122.003. If an order is issued, a person may
  not sell the desert plant or shipment until proper documentation is
  provided.
         Sec. 122.006.  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 required by Section 122.003; 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. 122.007.  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
  required by Section 122.003.
         (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, 2013, 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, 2014.
         SECTION 4.  This Act takes effect September 1, 2013.