from Texas House Journal, May 24, 2003   http://www.capitol.state.tx.us/hjrnl/78r/html/day76final.htm

SB 1413 ON SECOND READING
(Hardcastle - House Sponsor)

SB 1413, A bill to be entitled An Act relating to certain powers and duties of the Department of Agriculture and other entities engaged in agricultural activities.

Amendment No. 1 (Committee Amendment No. 1)

Representative Hardcastle offered the following committee amendment to SBi1413:

Amend engrossed version SB 1413 by adding Section 6. and renumbering accordingly.

Sec. 6. Section 146.021, Agriculture Code, is amended to read as follows:

Section 146.021. DEPARTMENT FACILITIES. The department may receive and hold for processing animals and animal products transported in international trade and may establish and collect reasonable fees for yardage, maintenance, feed, medical care, facility use and other necessary expenses incurred in the course of processing those animals.

Amendment No. 1 was adopted without objection.

Amendment No. 2

Representative Hardcastle offered the following amendment to SBi1413:

Amend SB 1413 in SECTION 1(2) of the bill (committee printing page 1, line 10), between "145," and "and", by inserting "149,".

Amendment No. 2 was adopted without objection.

Amendment No. 3

Representative Hardcastle offered the following amendment to SBi1413:

Amend SB 1413 by adding the following appropriately numbered SECTIONS to the bill and renumbering the subsequent SECTIONS accordingly:

SECTION _____. Section 71.008, Agriculture Code, is amended by adding Subsection (f) to read as follows:

(f) This section does not restrict the department's authority to establish on its own initiative an eradication program within a quarantined area to protect the state's agricultural resources.

SECTION _____. Subchapter A, Chapter 71, Agriculture Code, is amended by adding Section 71.0092 to read as follows:

Sec. 71.0092. SEIZURE, TREATMENT, HANDLING, AND DESTRUCTION OF CERTAIN MATERIALS WITHIN QUARANTINED AREA. (a) In this section, "quarantined article" means:

(1) a plant, plant product, substance, or other item capable of hosting or facilitating the dissemination of an insect pest or plant disease that is the subject of a quarantine established by the department under this subchapter; or

(2) a motor vehicle, railcar, other conveyance, or equipment used for, or intended for use in, the transportation or production of an item described by Subdivision (1).

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(b) The department by rule may establish treatment and handling requirements for a quarantined article found within a quarantined area. The requirements must be designed to:

(1) prevent dissemination of a dangerous insect pest or plant disease outside the quarantined area or into a pest-free area in the state;

(2) prevent infestation of a quarantined article by a dangerous insect pest or plant disease that is subject to a quarantine established by the department under this subchapter;

(3) decrease the occurrence in this state or a quarantined area of this state of a dangerous insect pest or plant disease that is subject to a quarantine established by the department under this subchapter; or

(4) facilitate the eradication of a dangerous insect pest or plant disease that is subject to a quarantine established by the department under this subchapter.

(c) A person in possession or control of a quarantined article located in a quarantined area shall comply with department rules and orders regarding treatment and handling of the quarantined article.

(d) If a person in possession or control of a quarantined article located in a quarantined area fails to comply with a department rule or order under this section, the department may at the expense of the person or of the owner of the article:

(1) seize the quarantined article and, subject to available department resources and Section 71.010:

(A) isolate the article in a manner designed to prevent the dissemination of the dangerous insect pest or plant disease until the article no longer represents a danger of dissemination or until the person agrees to comply with the rule or order;

(B) treat the article to eliminate the danger of dissemination of the dangerous insect pest or plant disease; or

(C) destroy the article; or

(2) seek an injunction from a district court in Travis County ordering the person to:

(A) comply with the department's rule or order; or

(B) surrender possession of the quarantined article to the department for disposition under Subdivision (1).

(e) If the owner of a quarantined article seized under this section is unknown to the department, the department shall publish notice that not earlier than the fifth day after the date on which the notice is published or posted the department may destroy, treat, or isolate the quarantined article at the owner's expense. The department must publish the notice for three consecutive days in a newspaper of general circulation in the county in which the quarantined article was seized. The notice must include a description of the quarantined article. If an owner claims the quarantined article before the date described by the notice and agrees in writing to treat or handle the article in a manner provided by department rule or order, the department shall deliver the quarantined article to the owner at the owner's expense. If an owner does not claim the quarantined article before the

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date described by the notice, the department may destroy or arrange for the destruction of the quarantined article or continue to isolate or treat the quarantined article at the owner's expense. If an owner refuses to agree in writing to comply with the department's rule or order regarding treatment or handling of a quarantined article, the department may destroy or arrange for the destruction of the quarantined article or continue to isolate or treat the quarantined article at the owner's expense, subject to Section 71.010.

(f) In enforcing this section, the department may seek the assistance of the Department of Public Safety under Section 71.0101, or any law enforcement officer of the county in which the quarantined article is located. The Department of Public Safety or local law enforcement officer shall cooperate with the department and provide any assistance necessary to implement this section.

(g) The owner of a quarantined article treated, isolated, or destroyed by the department under this section is liable to the department for the costs of treatment, isolation, and destruction, and the department may bring suit to collect the costs.

(h) The attorney general is entitled to court costs and reasonable attorney's fees in any suit brought on behalf of the department under this section, including any suit for an injunction.

(i) The department may enter into an agreement with a public or private entity to obtain assistance in defraying the cost of implementing this section.

Amendment No. 3 was adopted without objection.

Amendment No. 4

Representative Hardcastle offered the following amendment to SBi1413:

Amend SB 1413 by adding the following appropriately numbered Section to the bill and renumbering the subsequent Sections accordingly:

SECTION _____. Chapter 12, Agriculture Code is amended by adding Section 12.0012 to read as follows:

Section 12.0012 The department shall, upon submission for publication, notify the Department of Public Safety's Division of Emergency Management of each quarantine it adopts. The department shall thereafter cooperate with the Division of Emergency Management in implementing any necessary safeguards to protect the state's agricultural resources from potential economic, health, or ecological disaster that may result from the quarantined pest or disease.

Amendment No. 4 was adopted without objection.

Amendment No. 5

Representative Puente offered the following amendment to SBi1413:

Amend SB 1413 as follows:

(1) Add the following appropriately numbered SECTIONS to the bill and renumber the subsequent SECTIONS accordingly:

SECTION _____. Subtitle F, Title 5, Agriculture Code, is amended by adding Chapter 122 to read as follows:

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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;

(8) Opuntia; and

(9) 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 a desert plant is marked as provided by Section 122.005, a person may not:

(1) sell the plant;

(2) offer the plant for sale; or

(3) transport the 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. MARKING OF DESERT PLANTS. (a) A person subject to Section 122.004 shall mark each desert plant harvested for sale under this chapter with an identification mark prescribed by the department.

(b) The department may charge a fee for providing an identification mark 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 marked as provided by Section 122.005. If an order is issued, a person may not sell the plant or shipment until it has been properly marked.

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 marked 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 clearly and distinctly marked as provided by Section 122.005.

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(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 _____. 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 _____. Not later than December 1, 2003, the Department of Agriculture shall adopt rules to administer Chapter 122, Agriculture Code, as added by this Act.

SECTION _____. Chapter 122, Agriculture Code, as added by this Act, and Section 12.020, Agriculture Code, as amended by this Act, take effect January 1, 2004.

(2) Amend SECTION 6 of the bill (House committee report, page 2, line 6) by striking "This" and substituting "Except as otherwise provided by this Act, this".

Amendment No. 5 was withdrawn.

Amendment No. 6

Representative B. Brown offered the following amendment to SBi1413:

Amend SB 1413 by adding the following appropriately numbered SECTIONS to the bill and renumbering the subsequent SECTIONS accordingly:

SECTIONi____.iiSections 149.002 and 149.003, Agriculture Code, are amended to read as follows:

Sec.i149.002.iiSALE OR POSSESSION OF HORSEMEAT. A person commits an offense if:

(1)iithe person sells, offers for sale, or exhibits for sale horsemeat as food for human consumption in the United States; or

(2)iithe person possesses horsemeat with the intent to sell the horsemeat as food for human consumption in the United States.

Sec.i149.003.iiTRANSFER OF HORSEMEAT. A person commits an offense if the person:

(1)iitransfers horsemeat to a person who intends to sell the horsemeat, offer or exhibit it for sale, or possess it for sale as food for human consumption in the United States; and

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(2)iiknows or in the exercise of reasonable discretion should know that the person receiving the horsemeat intends to sell the horsemeat, offer or exhibit it for sale, or possess it for sale as food for human consumption in the United States.

SECTIONi____.iiSubchapter A, Chapter 146, Agriculture Code, is amended by adding Section 146.009 to read as follows:

Sec.i146.009.iiSALE OF EQUINE ANIMAL; NOTICE REQUIRED. (a) In this section:

(1)ii"Equine animal" has the meaning assigned by Section 161.149.

(2)ii"Livestock market" has the meaning assigned by Section 161.111.

(b)iiThe owner or operator of a livestock market shall display in a prominent place in the livestock market a sign giving notice that an equine animal sold at the market may be bought for slaughter. The department by rule may prescribe the design or wording of the sign.

SECTIONi____.iiSection 149.004, Agriculture Code, is repealed.

SECTIONi____.ii(a)iiThe changes in law made by this Act to Sections 149.002, 149.003, and 149.004, Agriculture Code, apply only to an offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date.

(b)iiAn offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.

Amendment No. 6 was withdrawn.