Bill Text: TX HB4547 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to requiring a consumer warning upon sale of certain household plants that are hazardous when ingested by canines.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2019-03-26 - Referred to Agriculture & Livestock [HB4547 Detail]
Download: Texas-2019-HB4547-Introduced.html
| By: Wray | H.B. No. 4547 | |
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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, 2019. | ||
