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AN ACT
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relating to forest pest control. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 152.001, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 152.001. POLICY. It is the public policy of the State |
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of Texas to mitigate and control [forest] pests [in or] threatening |
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forest land [forests] in this state in order to protect associated |
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ecological [forest] resources, enhance the health [growth] and |
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maintenance of forests, promote stability of forest-using |
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industries, ensure public safety [protect recreational wildlife
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uses], and conserve the ecosystem [other] values of the forest. |
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SECTION 2. Sections 152.003(1), (2), (3), (6), and (7), |
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Natural Resources Code, are amended to read as follows: |
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(1) "Service" means the Texas A&M Forest Service. |
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(2) "Forest pests" means native insects and diseases, |
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nonnative invasive insects and diseases, and noxious and invasive |
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plants included on a list under Section 71.151, Agriculture Code, |
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that are harmful, injurious, or destructive to forests or trees and |
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whose damage, if uncontrolled, is of considerable economic and |
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environmental importance [, and includes:
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[(A)
pine bark beetles of the genera
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Dendroctonus, Ips, Pissodes, and Hylobius;
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[(B) sawflies of the genus Neodiprion;
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[(C)
defoliators in the genera Datana,
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Malacosoma, Hyphantria, Diapheromera, and Galerucella;
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[(D) pine shoot moth of the genus Rhyacionia;
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[(E) wilt of the genus Chalora; and
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[(F) rots of the genera Fomes and Polyporus]. |
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(3) "Forest land" means land with at least 10 percent |
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cover by live trees of any size, including land that formerly had |
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that amount of tree cover and will be naturally or artificially |
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regenerated [on which the trees are potentially valuable for timber
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products, protection of watersheds, wildlife habitat, recreational
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uses, or for other purposes], but does not include land within the |
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incorporated limits of a village, town, or city. |
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(6) "Infestation" means actual infestation or |
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infection at conditions beyond normal proportion causing [abnormal
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epidemic] loss to forests [present or future commercial timber
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supply or both]. |
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(7) "Landowner" and "owner" mean a person who owns |
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forest land or has forest land under the person's [his] direction |
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irrespective of ownership. |
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SECTION 3. The heading to Subchapter B, Chapter 152, |
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Natural Resources Code, is amended to read as follows: |
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SUBCHAPTER B. POWERS AND DUTIES OF [THE] TEXAS A&M FOREST SERVICE |
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SECTION 4. Section 152.016, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 152.016. PROCEDURES FOR CONTROL. [(a)] As soon as |
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practicable after the hearing, the service shall promulgate |
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procedures to be followed for the control of the infestation and |
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shall[:
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[(1)
mail a copy to all appearing at the hearing and to
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all to whom notices were originally sent; and
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[(2)] publish a copy in a newspaper circulated in the |
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affected area in the same manner as publication of preliminary |
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notice. |
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[(b)
Publication as provided in Subsection (a) of this
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section is notice to each landowner and each tract of land in the
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affected area on the date of publication.] |
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SECTION 5. Sections 152.018(a), (b), and (c), Natural |
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Resources Code, are amended to read as follows: |
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(a) The notice required by Section 152.017 [of this code] |
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shall inform the landowner of: |
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(1) the facts found to exist; |
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(2) the landowner's [his] responsibilities for the |
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control measures; |
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(3) the control technique recommended; |
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(4) the law under which control must be accomplished; |
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and |
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(5) the authority of the service in the event the |
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landowner takes no action toward controlling the pest. |
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(b) The notice may be given by: |
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(1) personal delivery to [service on] the landowner or |
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[on] the person having control of the forest land; |
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(2) registered or certified mail directed to the |
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landowner or person having control of the forest land at that |
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person's [his] last known address; or |
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(3) if the identity or [person or his] address of the |
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landowner or person having control of the forest land is unknown: |
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(A) [,] publication in one issue of a newspaper |
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of general circulation in the county in which the land is located; |
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or |
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(B) posting notice on the county's Internet |
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website or on a bulletin board at a place convenient to the public |
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in the county courthouse for the county in which the land is |
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located. |
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(c) A published or posted notice under Subsection (b) must |
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[of this section shall] include the information specified in |
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Subsection (a) [of this section], state the name of the owner, if |
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known, and briefly describe the land to which the notice applies. |
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SECTION 6. Section 152.019, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 152.019. NOTICE TO FOREST OWNER. If the landowner has |
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notified the service of a forest owner under [given notice to the
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service of an interest in the forest on his land owned by another,
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as provided for in] Section 152.064 [of this code], the service |
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shall furnish the same information to the forest owner that it is |
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required by [the provisions of] this chapter to give to the |
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landowner. |
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SECTION 7. Section 152.020(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) A landowner shall inform the [The] service of measures |
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taken [shall keep informed of what is done] by the landowner to |
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[take measures to] control the infestation and the results of those |
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measures [result of it]. |
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SECTION 8. Section 152.021, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 152.021. CONTROL MEASURES APPLIED BY [FOREST] SERVICE. |
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If the landowner or another person fails to apply the pest control |
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measures prescribed by the service not later than the 10th day after |
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the date [are not applied by the landowner or any other person
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within 10 days from the time] notice is given under Section 152.014 |
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or 152.018, [as provided in this chapter, exclusive of the date the
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notice is given, representatives of] the service may contact the |
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landowner to offer further assistance or may [shall] enter the land |
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and have the forest pests controlled [or destroyed]. |
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SECTION 9. Section 152.022, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 152.022. EXPENSE OF CONTROL MEASURES TAKEN BY SERVICE. |
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(a) The landowner shall pay [Except as provided in Subsection (b)
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of this section,] all charges and expenses of [destruction or] |
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control measures taken by the service [shall be paid by the owner of
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the land on which the infestation occurred]. |
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(b) The service shall charge amounts consistent with |
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current commercial rates for control measures taken [If the tract
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with respect to which the service conducted control measures
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contains 50 acres of forest land or less and the landowner in whose
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name the record title to the land stands owns no more than 50 acres
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of forest land in the county in which the infestation occurred, the
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cost of control shall be borne] by the service. |
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SECTION 10. Section 152.023, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 152.023. CLAIM AGAINST LANDOWNER. The amount charged |
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for [If] control measures taken [is undertaken] by the service [,
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the cost, not to exceed $10 for each infested acre or part of an acre
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on which control measures have been employed,] constitutes a legal |
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claim against the landowner, but does not constitute a lien on any |
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land owned by the landowner. |
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SECTION 11. Section 152.025, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 152.025. LANDOWNER REIMBURSEMENT. (a) If the |
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landowner has notified the service of a forest owner under Section |
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152.064, the landowner is entitled to reasonable reimbursement from |
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the forest owner [given the service notice of an interest owned by
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another in the forest on his land and the landowner has made
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expenditures] for amounts: |
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(1) spent by the landowner for pest control measures |
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under [purposes as provided in] Section 152.062; or |
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(2) [of this code, or has] paid on a legal claim |
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[against him] under [the provisions of] Sections 152.022 through |
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152.024 [of this code, the landowner is entitled to a reasonable
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reimbursement for the expenses from the forest owner]. |
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(b) The amount of reimbursement paid by a forest owner under |
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Subsection (a) shall be proportional to the interest owned in the |
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forest by the forest owner. |
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SECTION 12. Section 152.061, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 152.061. GENERAL DUTY OF LANDOWNER. Each owner of |
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forest land shall control the forest pests on land owned by the |
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person [him] or under the person's [his] direction as provided in |
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this chapter. |
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SECTION 13. Section 152.062, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 152.062. DUTY TO APPLY CONTROL MEASURES. Not later |
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than the 10th day after the date [Within 10 days after] notice is |
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given under [as provided in] Section 152.014 or 152.018 [of this
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code, exclusive of the date the notice is given], each affected |
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landowner shall commence diligently to take measures to control the |
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infestation as prescribed and continue this activity with all |
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practical expedition and efficiency under the direction of the |
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service. |
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SECTION 14. Section 152.063(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) The landowner shall notify the service of the |
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landowner's [his] actions and the result of those [his] actions. |
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SECTION 15. Section 152.064, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 152.064. NOTIFYING SERVICE OF FOREST OWNER. If all or |
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part of the standing trees are owned by someone other than the |
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landowner, either by a present right or by a future right under the |
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terms of a valid existing contract, the landowner shall notify the |
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service of that fact and furnish the name and address [names and
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addresses] of each [the] forest owner not later than the 10th day |
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after the date the landowner receives [within 10 days after
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receiving the] notice from the service under [as provided for in] |
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Section 152.014 or 152.018 [of this code]. |
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SECTION 16. Section 152.105, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 152.105. INJUNCTIVE RELIEF FOR LANDOWNER. If the |
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final judgment in an action seeking relief from a notice is in favor |
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of the landowner, the landowner may be entitled to injunctive |
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relief against the use of any control measures on the landowner's |
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[his] forest land by the service until a [such] time determined by |
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[as] the court [may determine]. |
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SECTION 17. Section 152.003(9), Natural Resources Code, is |
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repealed. |
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SECTION 18. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2567 was passed by the House on May 4, |
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2017, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2567 on May 21, 2017, by the following vote: Yeas 134, Nays 2, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2567 was passed by the Senate, with |
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amendments, on May 19, 2017, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |