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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a consumer warning upon sale of certain |
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household plants that are hazardous when ingested by canines. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as Rudy's Law. |
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SECTION 2. Section 71.057 of the Agriculture Code is |
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amended to read as follows: |
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Sec. 71.057. NURSERY DEALERS AND AGENTS; ANNUAL |
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REGISTRATION; REQUIRED WARNING TO CONSUMERS. (a) A person who buys |
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and sells or leases or offers for sale or lease a nursery product |
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and who has facilities that maintain or preserve the nursery |
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product and prevent that product from becoming dry, infested, or |
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diseased is a nursery dealer. |
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(b) A person is a nursery agent if the person sells or |
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leases, offers for sale or lease, or takes mail orders for the sale |
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or lease of a nursery product and: |
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(1) is entirely under the control of a nursery grower |
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or nursery dealer with whom the nursery product offered for sale or |
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lease originates; or |
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(2) operates on a cooperative basis for handling a |
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nursery product with a nursery grower or nursery dealer. |
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(c) A nursery agent shall possess proper credentials from |
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the nursery grower or nursery dealer the agent represents or |
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cooperates with. A nursery agent who fails to possess proper |
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credentials is subject to this subchapter as a nursery dealer. |
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(d) A nursery dealer or nursery agent must register with the |
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department under this section before offering for sale or lease or |
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otherwise distributing a nursery product. |
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(e) A nursery dealer or nursery agent may apply for |
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registration or renewal of registration by submitting an |
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application prescribed by the department and an annual fee. The fee |
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shall be the sum of: |
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(1) an amount based on the size and type of a location, |
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as defined by department rule, where a nursery dealer or nursery |
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agent offers a nursery product for sale or lease; and |
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(2) an optional additional amount equal to 15 percent |
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of the amount described by Subdivision (1), to fund the Texas |
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nursery and floral account. |
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(e-1) The department shall allow an applicant to elect |
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whether to pay the amount described by Subsection (e)(2). An |
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applicant is not required to pay that amount to apply for or renew |
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registration. |
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(f) Registrations under this section expire one year after |
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issuance. A person who fails to submit a renewal fee on or before |
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the expiration date of the registration must pay, in addition to the |
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renewal fee, the late fee provided by Section 12.024 of this code. |
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(g) Upon receipt of the correct annual registration fee, the |
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department shall issue a registration certificate for each location |
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a florist or nursery owner has registered. |
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(h) A nursery dealer or nursery agent must include a written |
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statement upon the sale of any species of plant containing cycasin, |
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warning the end user of such plant that the ingestion of the plant |
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by canines can be harmful or fatal. |
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SECTION 3. This Act takes effect September 1, 2021. |