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.
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