Tex. Agric. Code Section 71.057
Nursery Dealers and Agents; Annual Registration

(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 (Late Renewal of License or Registration) 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.
Acts 1981, 67th Leg., p. 1159, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 55, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 419, Sec. 2.31, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 960 (H.B. 3496), Sec. 3, eff. June 19, 2009.

Source: Section 71.057 — Nursery Dealers and Agents; Annual Registration, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­71.­htm#71.­057 (accessed Jun. 5, 2024).

71.001
Quarantines Against Out-of-state Diseases and Pests 71.002
Quarantines Against In-state Diseases and Pests 71.003
Quarantines Around Pest-free Areas 71.004
Emergency Quarantines 71.005
Movement of Plants from Quarantined Area 71.006
Hearing 71.007
Rules 71.008
Control or Eradication Zone 71.009
Seizure, Treatment, and Destruction of Plants, Plant Products, and Other Substances 71.010
Appeals 71.011
Protection of Carrier from Damages 71.012
Civil Penalty 71.013
Criminal Penalties 71.041
Definitions 71.042
Duty of Department 71.043
Annual Registration 71.044
Inspection 71.046
Treatment or Destruction of Diseased or Infested Plants or Premises 71.047
Expense of Treatment 71.048
Appeal of Notice or Order 71.049
Enforcement of Notice or Order 71.050
Certificate to Accompany Shipment 71.051
Importation Certificates 71.053
Inspection of Shipments 71.054
Protection of Carriers from Liability 71.055
Revocation of Certificate 71.056
Inspection Fees 71.057
Nursery Dealers and Agents 71.058
Penalties 71.059
Civil Penalty 71.060
Stop-sale Order 71.0081
Vehicle Inspections for Insect Pests or Plant Diseases 71.0082
Inspections for Certain Pests and Diseases 71.0083
Agriculture Warrants 71.0091
Seizure, Treatment, and Destruction of a Citrus Plant, Citrus Plant Product, or Citrus Substance 71.0092
Seizure, Treatment, Handling, and Destruction of Certain Materials Within Quarantined Area 71.0101
Department of Public Safety to Cooperate 71.101
Duty of Department 71.102
Field Inspection 71.103
Inspection Certificate 71.104
Tomato Diseases and Insects 71.105
Cruciferous Plant Diseases and Insects 71.106
Pepper Diseases 71.107
Onion Diseases and Insects 71.108
Eggplant Diseases 71.109
Sweet Potato Diseases and Insects 71.110
Treatment or Destruction of Plants 71.111
Certificate for Imported Plants 71.112
Protection of Carriers from Liability 71.113
Revocation of Certificate 71.114
Fees 71.115
Packaging and Labeling of Certified Plants 71.116
Penalties 71.117
Civil Penalty 71.151
List Required 71.152
Noxious or Invasive Plant Sale, Distribution, or Importation Prohibited 71.153
Local Regulation 71.154
Disclaimer Required 71.201
Definitions 71.202
Cooperative Agreement 71.203
Application 71.204
Use of Funds 71.205
Special Funding Considerations 71.206
Reporting Requirements 71.207
Threat Identification and Mitigation Program
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 71.057’s source at texas​.gov