Bill Text: TX HB580 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to requiring a consumer warning upon sale of certain household plants that are hazardous when ingested by canines.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-01 - Referred to Agriculture & Livestock [HB580 Detail]
Download: Texas-2021-HB580-Introduced.html
By: Lopez | H.B. No. 580 |
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relating to requiring a consumer warning upon sale of certain | ||
household plants that are hazardous when ingested by canines. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as Rudy's Law. | ||
SECTION 2. Section 71.057 of the Agriculture Code is | ||
amended to read as follows: | ||
Sec. 71.057. NURSERY DEALERS AND AGENTS; ANNUAL | ||
REGISTRATION; REQUIRED WARNING TO CONSUMERS. (a) A person who buys | ||
and sells or leases or offers for sale or lease a nursery product | ||
and who has facilities that maintain or preserve the nursery | ||
product and prevent that product from becoming dry, infested, or | ||
diseased is a nursery dealer. | ||
(b) A person is a nursery agent if the person sells or | ||
leases, offers for sale or lease, or takes mail orders for the sale | ||
or lease of a nursery product and: | ||
(1) is entirely under the control of a nursery grower | ||
or nursery dealer with whom the nursery product offered for sale or | ||
lease originates; or | ||
(2) operates on a cooperative basis for handling a | ||
nursery product with a nursery grower or nursery dealer. | ||
(c) A nursery agent shall possess proper credentials from | ||
the nursery grower or nursery dealer the agent represents or | ||
cooperates with. A nursery agent who fails to possess proper | ||
credentials is subject to this subchapter as a nursery dealer. | ||
(d) A nursery dealer or nursery agent must register with the | ||
department under this section before offering for sale or lease or | ||
otherwise distributing a nursery product. | ||
(e) A nursery dealer or nursery agent may apply for | ||
registration or renewal of registration by submitting an | ||
application prescribed by the department and an annual fee. The fee | ||
shall be the sum of: | ||
(1) an amount based on the size and type of a location, | ||
as defined by department rule, where a nursery dealer or nursery | ||
agent offers a nursery product for sale or lease; and | ||
(2) an optional additional amount equal to 15 percent | ||
of the amount described by Subdivision (1), to fund the Texas | ||
nursery and floral account. | ||
(e-1) The department shall allow an applicant to elect | ||
whether to pay the amount described by Subsection (e)(2). An | ||
applicant is not required to pay that amount to apply for or renew | ||
registration. | ||
(f) Registrations under this section expire one year after | ||
issuance. A person who fails to submit a renewal fee on or before | ||
the expiration date of the registration must pay, in addition to the | ||
renewal fee, the late fee provided by Section 12.024 of this code. | ||
(g) Upon receipt of the correct annual registration fee, the | ||
department shall issue a registration certificate for each location | ||
a florist or nursery owner has registered. | ||
(h) A nursery dealer or nursery agent must include a written | ||
statement upon the sale of any species of plant containing cycasin, | ||
warning the end user of such plant that the ingestion of the plant | ||
by canines can be harmful or fatal. | ||
SECTION 3. This Act takes effect September 1, 2021. |