Texas 2009 - 81st Regular

Texas House Bill HB4577 Compare Versions

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1	1	H.B. No. 4577
2	2
3	3
4	4	AN ACT
5	5	relating to the seizure and destruction of certain plants.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 71.007, Agriculture Code, is amended to
8	8	read as follows:
9	9	Sec. 71.007. RULES. (a) In addition to other rules
10	10	necessary for the protection of agricultural and horticultural
11	11	interests, the department may adopt rules that:
12	12	(1) prevent the selling, moving, or transporting of
13	13	any plant, plant product, or substance that is found to be infested
14	14	or found to be from a quarantined area;
15	15	(2) provide for the destruction of trees or fruits;
16	16	(3) provide for the cleaning or treatment of orchards;
17	17	(4) provide for methods of storage;
18	18	(5) prevent entry into a pest-free zone of any plant,
19	19	plant product, or substance found to be dangerous to the
20	20	agricultural and horticultural interests of the zone;
21	21	(6) provide for the maintenance of a host-free period
22	22	in which certain fruits are not allowed to ripen; [or]
23	23	(7) provide for specific treatment of a grove or
24	24	orchard or of infested or infected plants, plant products, or
25	25	substances; or
26	26	(8) provide for a program to manage or eradicate
27	27	exotic citrus diseases, including citrus canker and citrus
28	28	greening.
29	29	(b) Rules adopted under Subsection (a)(8) shall establish,
30	30	based on scientific evidence, when a healthy but suspect citrus
31	31	plant must be destroyed, and may provide for compensation to an
32	32	owner of a plant destroyed under this subsection.
33	33	SECTION 2. Section 71.0091, Agriculture Code, is amended by
34	34	amending Subsections (a), (b), (c), and (e) and adding Subsection
35	35	(e-1) to read as follows:
36	36	(a) The department may seize a citrus plant, citrus plant
37	37	product, or citrus substance that the department determines:
38	38	(1) is transported or carried from a quarantined area
39	39	in violation of a quarantine order; [or]
40	40	(2) is infected with a disease or insect pest
41	41	dangerous to a citrus plant, citrus plant product, or citrus
42	42	substance, without regard to whether the citrus plant, citrus plant
43	43	product, or citrus substance comes from an area known to be
44	44	infested; or
45	45	(3) is located within proximity to a plant infected by
46	46	a disease dangerous to any agricultural or horticultural product
47	47	and is determined by the department to likely be infected by that
48	48	disease, regardless of whether the plant currently exhibits
49	49	symptoms of the disease.
50	50	(b) If a citrus plant, citrus plant product, or citrus
51	51	substance is seized under Subsection (a)(1) [of this section], the
52	52	department immediately shall notify the owner that the citrus
53	53	plant, citrus plant product, or citrus substance is a public
54	54	nuisance and that it must be destroyed, treated, or, if feasible,
55	55	returned to its point of origin. If a citrus plant, citrus plant
56	56	product, or citrus substance is seized under Subsection (a)(2) or
57	57	(3) [of this section], the department immediately shall notify the
58	58	owner that the citrus plant, citrus plant product, or citrus
59	59	substance is a public nuisance and must be destroyed or treated.
60	60	(c) If the owner of a citrus plant, citrus plant product, or
61	61	citrus substance seized under Subsection (a)(1) or (2) [(a) of this
62	62	section] is unknown to the department, the department shall publish
63	63	or post notice that, not earlier than the fifth day after the first
64	64	day on which notice is published or posted, the department may
65	65	destroy the citrus plant, citrus plant product, or citrus
66	66	substance. The department shall publish the notice for three
67	67	consecutive days in a newspaper of general circulation in the
68	68	county in which the citrus plant, citrus plant product, or citrus
69	69	substance is located or post the notice in the immediate vicinity of
70	70	the area in which the citrus plant, citrus plant product, or citrus
71	71	substance is located. The notice must describe the citrus plant,
72	72	citrus plant product, or citrus substance seized. If the owner
73	73	claims the citrus plant, citrus plant product, or citrus substance
74	74	before the date for destruction set by the notice, the department
75	75	shall deliver the citrus plant, citrus plant product, or citrus
76	76	substance to the owner at the owner's expense. If the owner does
77	77	not claim the citrus plant, citrus plant product, or citrus
78	78	substance before the date the notice specifies that destruction is
79	79	permitted, the department may destroy or arrange for the
80	80	destruction of the citrus plant, citrus plant product, or citrus
81	81	substance.
82	82	(e) The owner of a citrus plant, citrus plant product, or
83	83	citrus substance treated or destroyed under Subsection (a)(1) or
84	84	(2) by the department under this section is liable to the department
85	85	for the costs of treatment or destruction, and the department may
86	86	sue to collect those costs.
87	87	(e-1) The department may provide for compensation to an
88	88	owner of a citrus plant, citrus plant product, or citrus substance
89	89	destroyed under Subsection (a)(3).
90	90	SECTION 3. This Act takes effect September 1, 2009.
91	91	______________________________ ______________________________
92	92	President of the Senate Speaker of the House
93	93	I certify that H.B. No. 4577 was passed by the House on April
94	94	28, 2009, by the following vote: Yeas 145, Nays 0, 1 present, not
95	95	voting.
96	96	______________________________
97	97	Chief Clerk of the House
98	98	I certify that H.B. No. 4577 was passed by the Senate on May
99	99	21, 2009, by the following vote: Yeas 31, Nays 0.
100	100	______________________________
101	101	Secretary of the Senate
102	102	APPROVED: _____________________
103	103	Date
104	104	_____________________
105	105	Governor