CHAPTER 88. ENDANGERED PLANTS

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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.

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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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