Department of Agriculture 

Austin, Texas 

Attention: Mr. Charles E. Bau&man 

Gentlemen : 

Opinion No. O-3273 

Re: Requirements for the sale of nursery 

stock. 

Your letter of March 11, 1941, requesting an opinion of this department 

regarding the sale of nursery stocks,floral stocks and cut flowers has 

had our attention. 

You state that: 

"In the conduct of the nursery and floral business, growers 

of nursery stock, floral stock and producersof cut flowers 

send their trucks and/or other Vehicles to parts of the State 

removed from their place of business for the purpose of 

'peddling' such stocks and cut flowers. 

"Will you please advise this Department where the owners of 

such nurseries and floral plants have complied with the 

provisions of the Nursery Inspection Law, by obtaining the 

required Inspection Certificate,and where proper agents 

credentials have been issued covering their producing place, 

if the owners of such places of business would be required to 

obtain any kind of additional certificate from this Department 

in order to peddle nursery stock, floral stocks and/or cut 

flowers produced by them." 

We have carefully examined the provisions of Chapter 7 of Title 4 

of the Revised Civil Statutes, and Chapter 10 of Title 19 of the Penal 

Code of Texas, dealing with the subject of nursery stocks and the 

regulation thereof by the Commissioner of Agriculture. 

Articles 135 of the Revised Civil Statutes and 1689 of the Penal Code 

define "nursery stock," "nursery," "dealer,""and"agent of a nursery or 

dealer." Article 119 of the Revised Civil Statutes places nursery and 

floral stocks, cut flowers, etc., under the supervision and control of 

the Commissioner of Agriculture. Article 120 of the ReVised Civil 
Department of Agriculture, page #2 (O-3273) 

Statutes and Article 1691 of the Penal Code make it unlawful for any 

person under the circumstanceset forth to keep or keep for sale certain 

stocks infested with disease or pests. Article I.26 of the Revised Civil 

Statutes and Article 1.692 of the Penal Code progide for a yearly examination by the Commissioner of each nursery or other place where nursery 

stock is exposed for sale. The Commissioner is required to issue a certificate that such nursery stock is apparently free from disease or pests, 

if he so determines. Article I.21 of the Revised Civilgtatutes declares 

that an infected or diseased tree, shrub or plant is a public nuisance aird 

the Commissioner is authorized to abate it. Articles 122, 123, I.24 and 

125, Revised Civil Statutes, set forth the procedure for such abatement. 

Under Article l.27, Revised Ciail Statutes, and Article 1693 of the Penal 

Code it is required-:thst the Commissioner's certificate of freedom of 

disease or pests accompany any shipment or delivery of nursery stock. It 

is made unlawful to send out or deliver nursery stock without this dertificate. Article 131 of the Revised Civil Statutes authorizes the Commissicmer 

to inspect all shipments of nursery stock. Article I.29 of the Re%ised 

Civil Statutes gives the Commissioner authority to revoke a certificate 

of inspection for false representations of for violation of law or the 

rules and regulations of the Commission. Article 1696 of the Penal Code 

dee:Mem it a crime to make false representations to the Commissioner for 

the purpose of obtaining a certificate. Article 133 of the Revised Civil 

Statutes provides for reasonable inspection fees. 

Articles I.27 and 130 of the Revised Civil Statutes deal with nursery stock 

shipped into this State. Article 1&94of the Penal Code and 130 of the 

Revised Civil Statutes deal with the rights and liabilities of transporl 

tation companies and common carriers. 

Article 1699 of the Penal Cods deals with the liability of an agent or 

a dealer or nursery man; an d Article 1670 makes unlawful fraudulent sales. 

We have thus reviewed the pertinent provisions of the Revised Civil 

Statutes and the Penal Code relating to nursery stock. It is our opinion 

that the certificate of inspection required by Article 126 of the Revised 

Civil Statutes and Article 1692 of the Penal Cods is the only certificate 

required for the sale or delivery of nursery stock by Chapter 7 of 

Title 4 of the Revised Civil Statutes and Chapter 10 of Title 19 of the 

Penal Code of Texas 

APPROVED APR. 16, 1941 

Very truly yours 

s/ GROVE3 SELLERS 

FIRST ASSISTANT 

ATTORKRY QXERALOF TEXAS 

ATTORNEY CEWERAL 

APPROVEI): OPINION COMMITPEE 

BY B. W. B. CHAIRMAN 

JDS:db/ldw 

s/ James D. Smullen 

BY 

James D. Smullen 

Assistant