Tex. Codes » Agriculture Code · TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL PRODUCTS · SUBTITLE B. HORTICULTURAL DISEASES AND PESTS · CHAPTER 71. GENERAL CONTROL
Texas Codes

Tex. Agric. Code § 71.041 (2026)

Definitions

✓ current as of May 2026
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Sec. 71.041. DEFINITIONS. In this subchapter:

(1) "Florist" means a person who maintains, grows, raises, or buys and offers for sale or lease for profit florist items.

(2) "Florist item" means a cut flower, potted plant, blooming plant, inside foliage plant, bedding plant, corsage flower, cut foliage, floral decoration, or live decorative material.

(3) "Nursery product" includes a tree, shrub, vine, cutting, graft, scion, grass, bulb, or bud that is grown for, kept for, or is capable of, propagation and distribution for sale or lease.

(4) "Nursery grower" means a person who grows more than 50 percent of the nursery products or florist items that the person either sells or leases, regardless of the variety sold, leased, or grown.

(5) "Nursery stock weather protection unit" means a plant cover consisting of a series of removable, portable metal hoops, covered by nonreusable plastic sheeting, shade cloth, or other similar removable material, used exclusively for protecting nursery products from weather elements. A nursery stock weather protection unit is an implement of husbandry for all purposes, including Article VIII, Section 19a, of the Texas Constitution.

Acts 1981, 67th Leg., p. 1155, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 46, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 102, Sec. 1, eff. Jan. 1, 1994; Acts 2001, 77th Leg., ch. 52, Sec. 10, eff. May 7, 2001.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2018–2021 · leading case: Delta Cnty. Appraisal Dist. v. PPF Gin & Warehouse, LLC (Tex. App. 2021).
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Rita Palfreyman v. Becky Gaconnet & Leslie Jones, 561 S.W.3d 258 (Tex. App. 2018). “See Tex. Agric. Code § 71.041(5) (defining “[n]ursery stock weather protection unit” as a type of cover for protecting plants intended for sale or lease); Tex.”
Delta Cnty. Appraisal Dist. v. PPF Gin & Warehouse, LLC (Tex. App. 2021). “” TEX. AGRIC. CODE ANN. § 71.041(3). Thus, under a plain reading of Section 11.”
— Tex. Agric. Code § 71.041(3) — 1 case
Delta Cnty. Appraisal Dist. v. PPF Gin & Warehouse, LLC (Tex. App. 2021). “” TEX. AGRIC. CODE ANN. § 71.041(3). Thus, under a plain reading of Section 11.”
— Tex. Agric. Code § 71.041(5) — 1 case
Rita Palfreyman v. Becky Gaconnet & Leslie Jones, 561 S.W.3d 258 (Tex. App. 2018). “See Tex. Agric. Code § 71.041(5) (defining “[n]ursery stock weather protection unit” as a type of cover for protecting plants intended for sale or lease); Tex.”
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