Texas 2009 - 81st Regular

Texas Senate Bill SB1131

Filed
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the seizure and destruction of certain plants.

Impact

The most significant change introduced by SB1131 is the department's ability to classify and manage citrus plants as public nuisances. This legislative measure confirms the authority to seize infected or at-risk citrus plants, treating them as hazardous to local agriculture, and mandates their destruction if found necessary. The law aims to establish not only preventive measures but also protocols for treatment and compensation for owners whose plants are destroyed, thus balancing agricultural interests with property rights.

Summary

SB1131 addresses the seizure and destruction of certain plants, specifically focusing on citrus plants affected by diseases or pests. The bill amends existing regulations within the Agriculture Code to empower the department overseeing plant agriculture to take decisive action regarding plants that pose a threat to agricultural interests. It sets forth clearer guidelines on how infested or potentially infected plants can be treated or destroyed, emphasizing the need for rapid response to protect the broader agricultural community.

Conclusion

Overall, SB1131 reflects a proactive approach to safeguarding Texas's agricultural sector, particularly its citrus industry, from the escalating threats of diseases and pests. The bill's provisions are designed to mitigate risk through scientific assessment and prompt action, which may ultimately enhance the resilience of local farming communities. Stakeholders, including farmers and agricultural organizations, will need to stay informed and engaged as the bill is implemented to address any arising disputes or challenges promptly.

Contention

While the bill streamlines processes for managing citrus diseases, there remains a potential point of contention surrounding the rights of plant owners and the manner in which plants are categorized as nuisances. Critics may argue that the measures could lead to the indiscriminate destruction of healthy-looking plants based solely on proximity to infected ones or due to transport violations. The provision for compensation also raises questions about its adequacy and the criteria used to determine compensation amounts.

Companion Bills

TX HB4577

Identical Relating to the seizure and destruction of certain plants.

Previously Filed As

TX HB4616

Relating to notifications by the Department of Agriculture of certain stop-sale orders applicable to plant products and the seizure or destruction of certain plant products.

TX SB1421

Relating to the effect of nuisance actions, other actions, and governmental requirements on certain agricultural operations.

TX HB4538

Relating to the regulation of beekeeping; imposing fees and authorizing other fees; expanding the applicability of an occupational permit.

TX HB1750

Relating to the applicability of certain city requirements to agricultural operations.

TX SB1372

Relating to costs associated with the destruction of certain deer.

TX HB3073

Relating to costs associated with and procedures for the assessment and destruction of certain deer.

TX SB1465

Relating to costs associated with and procedures for the assessment and destruction of certain deer.

TX HB1831

Relating to the regulation of the cultivation, manufacture, processing, distribution, sale, testing, transportation, delivery, transfer, possession, use, and taxation of cannabis and cannabis products and the local regulation of cannabis establishments; providing for expunction of records relating to certain decriminalized conduct; authorizing the imposition of fees; requiring an occupational license; creating a criminal offense; imposing a tax.

TX HB3758

Relating to repealing civil asset forfeiture provisions and establishing criminal asset forfeiture in this state.

TX SB312

Relating to the assessment, destruction, disposal, and release of certain deer.

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