| |
| |
| |
|
|
AN ACT
|
|
|
relating to the seizure and destruction of certain plants. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 71.007, Agriculture Code, is amended to |
|
|
read as follows: |
|
|
Sec. 71.007. RULES. (a) In addition to other rules |
|
|
necessary for the protection of agricultural and horticultural |
|
|
interests, the department may adopt rules that: |
|
|
(1) prevent the selling, moving, or transporting of |
|
|
any plant, plant product, or substance that is found to be infested |
|
|
or found to be from a quarantined area; |
|
|
(2) provide for the destruction of trees or fruits; |
|
|
(3) provide for the cleaning or treatment of orchards; |
|
|
(4) provide for methods of storage; |
|
|
(5) prevent entry into a pest-free zone of any plant, |
|
|
plant product, or substance found to be dangerous to the |
|
|
agricultural and horticultural interests of the zone; |
|
|
(6) provide for the maintenance of a host-free period |
|
|
in which certain fruits are not allowed to ripen; [or] |
|
|
(7) provide for specific treatment of a grove or |
|
|
orchard or of infested or infected plants, plant products, or |
|
|
substances; or |
|
|
(8) provide for a program to manage or eradicate |
|
|
exotic citrus diseases, including citrus canker and citrus |
|
|
greening. |
|
|
(b) Rules adopted under Subsection (a)(8) shall establish, |
|
|
based on scientific evidence, when a healthy but suspect citrus |
|
|
plant must be destroyed, and may provide for compensation to an |
|
|
owner of a plant destroyed under this subsection. |
|
|
SECTION 2. Section 71.0091, Agriculture Code, is amended by |
|
|
amending Subsections (a), (b), (c), and (e) and adding Subsection |
|
|
(e-1) to read as follows: |
|
|
(a) The department may seize a citrus plant, citrus plant |
|
|
product, or citrus substance that the department determines: |
|
|
(1) is transported or carried from a quarantined area |
|
|
in violation of a quarantine order; [or] |
|
|
(2) is infected with a disease or insect pest |
|
|
dangerous to a citrus plant, citrus plant product, or citrus |
|
|
substance, without regard to whether the citrus plant, citrus plant |
|
|
product, or citrus substance comes from an area known to be |
|
|
infested; or |
|
|
(3) is located within proximity to a plant infected by |
|
|
a disease dangerous to any agricultural or horticultural product |
|
|
and is determined by the department to likely be infected by that |
|
|
disease, regardless of whether the plant currently exhibits |
|
|
symptoms of the disease. |
|
|
(b) If a citrus plant, citrus plant product, or citrus |
|
|
substance is seized under Subsection (a)(1) [of this section], the |
|
|
department immediately shall notify the owner that the citrus |
|
|
plant, citrus plant product, or citrus substance is a public |
|
|
nuisance and that it must be destroyed, treated, or, if feasible, |
|
|
returned to its point of origin. If a citrus plant, citrus plant |
|
|
product, or citrus substance is seized under Subsection (a)(2) or |
|
|
(3) [of this section], the department immediately shall notify the |
|
|
owner that the citrus plant, citrus plant product, or citrus |
|
|
substance is a public nuisance and must be destroyed or treated. |
|
|
(c) If the owner of a citrus plant, citrus plant product, or |
|
|
citrus substance seized under Subsection (a)(1) or (2) [(a) of this
|
|
|
section] is unknown to the department, the department shall publish |
|
|
or post notice that, not earlier than the fifth day after the first |
|
|
day on which notice is published or posted, the department may |
|
|
destroy the citrus plant, citrus plant product, or citrus |
|
|
substance. The department shall publish the notice for three |
|
|
consecutive days in a newspaper of general circulation in the |
|
|
county in which the citrus plant, citrus plant product, or citrus |
|
|
substance is located or post the notice in the immediate vicinity of |
|
|
the area in which the citrus plant, citrus plant product, or citrus |
|
|
substance is located. The notice must describe the citrus plant, |
|
|
citrus plant product, or citrus substance seized. If the owner |
|
|
claims the citrus plant, citrus plant product, or citrus substance |
|
|
before the date for destruction set by the notice, the department |
|
|
shall deliver the citrus plant, citrus plant product, or citrus |
|
|
substance to the owner at the owner's expense. If the owner does |
|
|
not claim the citrus plant, citrus plant product, or citrus |
|
|
substance before the date the notice specifies that destruction is |
|
|
permitted, the department may destroy or arrange for the |
|
|
destruction of the citrus plant, citrus plant product, or citrus |
|
|
substance. |
|
|
(e) The owner of a citrus plant, citrus plant product, or |
|
|
citrus substance treated or destroyed under Subsection (a)(1) or |
|
|
(2) by the department under this section is liable to the department |
|
|
for the costs of treatment or destruction, and the department may |
|
|
sue to collect those costs. |
|
|
(e-1) The department may provide for compensation to an |
|
|
owner of a citrus plant, citrus plant product, or citrus substance |
|
|
destroyed under Subsection (a)(3). |
|
|
SECTION 3. This Act takes effect September 1, 2009. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 4577 was passed by the House on April |
|
|
28, 2009, by the following vote: Yeas 145, Nays 0, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 4577 was passed by the Senate on May |
|
|
21, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |