CHAPTER 88. ENDANGERED PLANTS
PARKS AND WILDLIFE CODE
TITLE 5. WILDLIFE AND PLANT CONSERVATION
SUBTITLE G. PLANTS
CHAPTER 88. ENDANGERED PLANTS
Sec. 88.001. DEFINITIONS. In this chapter:
(1) "Endangered plant" means a species of plant life that is in
danger of extinction throughout all or a significant portion of
its range.
(2) "Threatened plant" means a species of plant life that is
likely to become an endangered species within the foreseeable
future throughout all or a significant portion of its range.
(3) "Protected plant" means a species of plant life that the
director determines is of historical or cultural value to the
state or the area in which it is found.
(4) "Native plant" means any tree, shrub, herb, grass, forb,
legume, fern, fern ally, or wildflower that is indigenous to the
state and that is growing on public or private land.
(5) "Public land" means land that is owned by the state or a
local governmental entity.
(6) "Take" means to collect, pick, cut, dig up, or remove.
Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff.
Sept. 1, 1981.
Sec. 88.002. ENDANGERED, THREATENED, OR PROTECTED NATIVE PLANTS.
Species of native plants are endangered, threatened, or
protected if listed as such on:
(1) the United States List of Endangered Plant Species as in
effect on the effective date of this Act (50 C.F.R. Part 17); or
(2) the list of endangered, threatened, or protected native
plants as filed by the director of the department.
Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff.
Sept. 1, 1981.
Sec. 88.003. STATEWIDE LIST. The director shall file with the
secretary of state a list of endangered, threatened, or protected
native plants.
Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff.
Sept. 1, 1981.
Sec. 88.004. AMENDMENT TO LIST. (a) If the list of endangered
or threatened plants issued by the United States is modified, the
director shall file an order with the secretary of state
accepting the modification unless the director finds that the
plant does not occur in this state. The order is effective
immediately.
(b) The director may amend the list of endangered, threatened,
or protected native plants by filing a modification order with
the secretary of state. The order is effective on filing.
(c) The director shall give public notice of the intention to
file a modification order under Subsection (b) of this section at
least 60 days before the order is filed. The notice must contain
the contents of the proposed order.
(d) The director shall hold a public hearing at least 30 days
before the modification order authorized by Subsection (b) of
this section is filed.
Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff.
Sept. 1, 1981.
Sec. 88.005. PERMIT. The department shall issue a permit to a
qualified person to take endangered, threatened, or protected
plants or parts thereof from public land for the purpose of
propagation, education, or scientific studies.
Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff.
Sept. 1, 1981.
Sec. 88.006. REGULATIONS. The department shall adopt
regulations to administer the provisions of this chapter,
including regulations to provide for:
(1) permit application forms, fees, and procedures;
(2) hearing procedures;
(3) procedures for identifying endangered, threatened, or
protected plants; and
(4) publication and distribution of lists of endangered,
threatened, or protected plants.
Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff.
Sept. 1, 1981.
Sec. 88.007. ACTIVITIES BY THE DEPARTMENT. (a) The department
may conduct biological research and field investigations to help
determine the classification of native plants.
(b) The department may collect and disseminate information about
the conservation of native plants and their habitats.
(c) The department may take an endangered, threatened, or
protected plant from public land without a permit for the purpose
of conservation, education, or scientific studies.
(d) The department shall distribute pictures and other
information concerning endangered, threatened, or protected
plants to law enforcement agencies and the public as the
department determines necessary for educational purposes.
Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff.
Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 426, Sec. 1,
eff. Sept. 1, 1985.
Sec. 88.008. PROHIBITED ACTS. (a) Except as otherwise provided
by this chapter, no person may take for commercial sale, possess
for commercial sale, or sell all or part of an endangered,
threatened, or protected plant from public land.
(b) No contract or common carrier may transport or receive for
shipment all or part of an endangered, threatened, or protected
native plant taken from public land.
(c) No person may take for commercial sale, possess for
commercial sale, transport for commercial sale, or sell all or
part of an endangered, threatened, or protected plant from
private land unless the person possesses a permit issued under
Section 88.0081 of this code and each plant is tagged as provided
by Section 88.0081 of this code.
(d) No person may hire or pay another person to take for
commercial sale, possess for commercial sale, transport for
commercial sale, or sell all or part of an endangered,
threatened, or protected plant from private land unless both
persons possess a permit issued under Section 88.0081 of this
code.
Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff.
Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 426, Sec. 2,
eff. Sept. 1, 1985.
Sec. 88.0081. PERMIT FOR TAKING PLANTS FROM PRIVATE LAND. (a)
A person who takes, possesses, or transports for commercial sale
or sells an endangered, threatened, or protected plant from
private land, or who hires or pays another to perform those
activities, shall possess a permit issued by the department. The
permit must specify the land from which the taking is
permissible, have attached a copy of the landowner's consent, and
contain any other information required by the department.
(b) A person applying for a permit under this section must
submit to the department:
(1) a copy of the written consent of the landowner from whose
land the plant will be taken; and
(2) a permit fee set by the commission in an amount reasonable
to defray administrative costs.
(c) In addition to the permit required by this section, a person
taking endangered, threatened, or protected plants from private
land shall attach to each plant at the time of taking a tag
issued to the person by the department. The fee for each tag is
$1.
(d) No person may remove the tag from the plant until the plant
has been transplanted into its ultimate site for landscaping or
beautification purposes. Only the ultimate owner or a department
employee may remove the tag.
(e) The commission shall adopt rules specifying the form and
information required for permits and tags issued under this
section.
(f) The department shall waive the tagging fee if it determines
the plants were planted and cultivated for the express purpose of
being harvested for commercial purposes.
Added by Acts 1985, 69th Leg., ch. 426, Sec. 3, eff. Sept. 1,
1985.
Sec. 88.009. EXCEPTIONS. (a) This chapter does not apply to
the taking, possession, or sale of endangered, threatened, or
protected plants if the taking, possession, or sale is incidental
to:
(1) the possession or sale of the real property on which the
plant is growing;
(2) the possession or acquisition of easements or leases on
which the plant is growing; or
(3) the harvest or sale of an agricultural crop if the
endangered, threatened, or protected plant grows among that crop.
(b) This chapter does not apply to the possession,
transportation, or sale of an endangered, threatened, or
protected plant if:
(1) the plant originates in another state; and
(2) the person possessing, transporting, or selling the plant
complies with the terms of any required federal permit or with
the terms of a state permit required by the laws of the
originating state.
Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff.
Sept. 1, 1981.
Sec. 88.010. INSPECTIONS. A person authorized to enforce this
chapter may detain for inspection and inspect a vehicle, package,
crate, or other container if the person has probable cause to
believe it contains a plant in violation of this chapter.
Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff.
Sept. 1, 1981.
Sec. 88.011. PENALTIES. (a) Except as otherwise provided by
this section, a person who violates any provision of this chapter
commits an offense that is a Class C Parks and Wildlife Code
misdemeanor.
(b) If it is shown at the trial of the defendant that he has
been convicted within the preceding 36 months of a violation of
this chapter, on conviction he shall be punished for a Class B
Parks and Wildlife Code misdemeanor.
(c) If it is shown at the trial of the defendant that he has
been convicted two or more times within the preceding 60 months
of a violation of this chapter, on conviction he shall be
punished for a Class A Parks and Wildlife Code misdemeanor.
(d) A person who hires or pays another person to take, possess,
or transport for commercial sale or sell an endangered,
threatened, or protected plant in violation of Subsection (d) of
Section 88.008 of this code commits an offense. An offense under
this section is a Class B Parks and Wildlife Code misdemeanor.
(e) Each endangered, threatened, or protected plant taken,
possessed, transported, or sold in violation of this chapter
constitutes a separate offense.
Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff.
Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 267, art. 3,
Sec. 108, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 426, Sec.
4, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 16, Sec. 15.04,
eff. Aug. 26, 1991.
Sec. 88.012. INJUNCTION AGAINST GOVERNMENTAL VIOLATOR. A state
or local governmental agency that violates or threatens to
violate a provision of this chapter is subject to a civil suit
for injunctive relief. The suit shall be brought in the name of
the State of Texas.
Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff.
Sept. 1, 1981.