Texas House Bill HB1949

Texas 2009 - 81st Regular

• Out of House Committee: 3/27/09
• Voted on by House: 4/29/09
• Out of Senate Committee: 5/12/09
• Voted on by Senate: 5/21/09
• Governor Action: 6/19/09
• Enrolled: 5/25/09
• Passed: 6/19/09

Caption

Relating to the issuance and execution of agriculture warrants; creating an offense.

Impact

The introduction of HB 1949 is significant as it not only streamlines the process for obtaining agriculture warrants but also enhances the state's regulatory capacity regarding plant health. By permitting a single warrant application to cover multiple premises within the same county, the bill aims to improve the efficiency of the inspection process. Moreover, the criteria for establishing probable cause have been simplified, which may expedite warrant issuance and execution, thereby enabling the agriculture department to respond more adeptly to potential agricultural threats.

Summary

House Bill 1949 addresses the issuance and execution of agriculture warrants within the state of Texas, specifically empowering the agriculture department to conduct inspections and related actions concerning plant pests and diseases. The bill allows the department to seek warrants to inspect various premises, including buildings and containers, for signs of infection. This proactive approach aims to ensure the state can act quickly to prevent the spread of agricultural threats, which is vital for maintaining the health of Texas's extensive agricultural industry.

Contention

Although HB 1949 focuses on enhancing agricultural biosecurity, it raises questions about the balance between state authority and property rights. The potential for increased surveillance and inspection might concern landowners who feel their rights to privacy and the use of their property could be infringed upon. Additionally, the implications of creating a new offense for interfering with warrant execution could be seen as too harsh, leading to discussions about the appropriate level of enforcement in the context of agriculture management.

Notable_points

Another notable aspect of the bill is its emphasis on preventive measures, such as the ability to set traps and assess records related to plant diseases, which underscores a shift toward a more aggressive stance on agricultural disease management. The legal framework created by this bill also opens up avenues for greater collaboration between state officials, local law enforcement, and agricultural stakeholders in protecting Texas's agricultural landscape.