H.B. No. 1949
AN ACT
relating to the issuance and execution of agriculture warrants;
creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 71, Agriculture Code, is
amended by adding Section 71.0083 to read as follows:
Sec. 71.0083. AGRICULTURE WARRANTS. (a) In addition to
vehicle inspections authorized under Section 71.0081, the
department may seek an agriculture warrant with respect to a plant
pest or plant disease identified in the application for the warrant
to:
(1) conduct an inspection of:
(A) physical areas;
(B) containers;
(C) buildings; or
(D) items that are reasonably likely to contain:
(i) a plant pest;
(ii) a plant disease; or
(iii) an infected or potentially infected
plant;
(2) set a trap for certain plant pests;
(3) examine records pertaining to the detection,
treatment, purchase, or sale of plants; or
(4) test, treat, identify, quarantine, take samples
of, seize, or destroy infected or potentially infected plants.
(b) An agriculture warrant may be issued only by a
magistrate authorized to issue a search warrant under Chapter 18,
Code of Criminal Procedure, only after the department has exercised
reasonable efforts to obtain consent to conduct a search, and on
application by the department accompanied by a supporting affidavit
that establishes probable cause for the issuance of the warrant.
The warrant must describe:
(1) the street address and municipality or the parcel
number and county of each place or premises subject to the warrant;
and
(2) each type of plant pest or disease that is the
subject of the warrant.
(c) In determining the existence of probable cause for the
issuance of an agriculture warrant, it shall be sufficient to show
only that:
(1) the place or premises described in the application
for the warrant are located in an area subject to a quarantine
established by the department with respect to the plant pest or
disease that is the subject of the warrant; or
(2) there is a reasonable probability the place or
premises contain a plant pest or disease or are located in an area
that is reasonably suspected of being infected with a plant pest or
disease because of its proximity to a known infestation.
(d) A single application and affidavit is sufficient for the
issuance of multiple agriculture warrants if the application for
the warrant describes the location of each place or premises
subject to the warrant and all those places or premises are located
in the same county.
(e) The department is entitled to an ex parte hearing on an
application for an agriculture warrant. The warrant may be served
and executed by a department employee and shall authorize
department employees to undertake any action authorized by the
warrant. On request by the department, a sheriff or constable shall
accompany and assist the department employee in serving or
executing the warrant.
(f) At the time the warrant is executed, a copy of the
warrant shall be:
(1) delivered to a person 18 years of age or older who
is occupying or living in the place or premises subject to the
warrant; or
(2) attached to the place or premises in a conspicuous
location.
(g) An agriculture warrant is valid until the 61st day after
the date the warrant is issued and authorizes multiple executions
of the warrant before the date the warrant expires. A warrant may
be renewed or extended by the magistrate who issued the original
warrant if the magistrate determines there is probable cause for
the warrant to be reissued or extended. The agriculture warrant
must be returned to the issuing magistrate before the warrant
expires.
(h) An agriculture warrant may not:
(1) be executed between 7 p.m. and 7 a.m. of the
following day or on a state holiday;
(2) authorize the entry into or inspection of the
interior of any occupied residential dwelling; or
(3) be issued in blank.
(i) A person commits an offense if the person intentionally
interferes with the execution of an agriculture warrant. An
offense under this subsection is a Class B misdemeanor.
(j) This section does not restrict the authority of this
state or a political subdivision of this state to otherwise conduct
an inspection with or without a warrant as authorized by other law.
SECTION 2. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1949 was passed by the House on April
28, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1949 was passed by the Senate on May
21, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor