Texas 2009 - 81st Regular

Texas Senate Bill SB1131 Compare Versions

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1	1	81R6333 TRH-F
2	2	By: Hinojosa S.B. No. 1131
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the seizure and destruction of certain plants.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 71.007, Agriculture Code, is amended to
10	10	read as follows:
11	11	Sec. 71.007. RULES. (a) In addition to other rules
12	12	necessary for the protection of agricultural and horticultural
13	13	interests, the department may adopt rules that:
14	14	(1) prevent the selling, moving, or transporting of
15	15	any plant, plant product, or substance that is found to be infested
16	16	or found to be from a quarantined area;
17	17	(2) provide for the destruction of trees or fruits;
18	18	(3) provide for the cleaning or treatment of orchards;
19	19	(4) provide for methods of storage;
20	20	(5) prevent entry into a pest-free zone of any plant,
21	21	plant product, or substance found to be dangerous to the
22	22	agricultural and horticultural interests of the zone;
23	23	(6) provide for the maintenance of a host-free period
24	24	in which certain fruits are not allowed to ripen; [or]
25	25	(7) provide for specific treatment of a grove or
26	26	orchard or of infested or infected plants, plant products, or
27	27	substances; or
28	28	(8) provide for a program to manage or eradicate
29	29	exotic citrus diseases, including citrus canker and citrus
30	30	greening.
31	31	(b) Rules adopted under Subsection (a)(8) shall establish,
32	32	based on scientific evidence, when a healthy but suspect citrus
33	33	plant must be destroyed, and may provide for compensation to an
34	34	owner of a plant destroyed under this subsection.
35	35	SECTION 2. Section 71.0091, Agriculture Code, is amended by
36	36	amending Subsections (a), (b), (c), and (e) and adding Subsection
37	37	(e-1) to read as follows:
38	38	(a) The department may seize a citrus plant, citrus plant
39	39	product, or citrus substance that the department determines:
40	40	(1) is transported or carried from a quarantined area
41	41	in violation of a quarantine order; [or]
42	42	(2) is infected with a disease or insect pest
43	43	dangerous to a citrus plant, citrus plant product, or citrus
44	44	substance, without regard to whether the citrus plant, citrus plant
45	45	product, or citrus substance comes from an area known to be
46	46	infested; or
47	47	(3) is located within proximity to a plant infected by
48	48	a disease dangerous to any agricultural or horticultural product
49	49	and is determined by the department to likely be infected by that
50	50	disease, regardless of whether the plant currently exhibits
51	51	symptoms of the disease.
52	52	(b) If a citrus plant, citrus plant product, or citrus
53	53	substance is seized under Subsection (a)(1) [of this section], the
54	54	department immediately shall notify the owner that the citrus
55	55	plant, citrus plant product, or citrus substance is a public
56	56	nuisance and that it must be destroyed, treated, or, if feasible,
57	57	returned to its point of origin. If a citrus plant, citrus plant
58	58	product, or citrus substance is seized under Subsection (a)(2) or
59	59	(3) [of this section], the department immediately shall notify the
60	60	owner that the citrus plant, citrus plant product, or citrus
61	61	substance is a public nuisance and must be destroyed or treated.
62	62	(c) If the owner of a citrus plant, citrus plant product, or
63	63	citrus substance seized under Subsection (a)(1) or (2) [(a) of this
64	64	section] is unknown to the department, the department shall publish
65	65	or post notice that, not earlier than the fifth day after the first
66	66	day on which notice is published or posted, the department may
67	67	destroy the citrus plant, citrus plant product, or citrus
68	68	substance. The department shall publish the notice for three
69	69	consecutive days in a newspaper of general circulation in the
70	70	county in which the citrus plant, citrus plant product, or citrus
71	71	substance is located or post the notice in the immediate vicinity of
72	72	the area in which the citrus plant, citrus plant product, or citrus
73	73	substance is located. The notice must describe the citrus plant,
74	74	citrus plant product, or citrus substance seized. If the owner
75	75	claims the citrus plant, citrus plant product, or citrus substance
76	76	before the date for destruction set by the notice, the department
77	77	shall deliver the citrus plant, citrus plant product, or citrus
78	78	substance to the owner at the owner's expense. If the owner does
79	79	not claim the citrus plant, citrus plant product, or citrus
80	80	substance before the date the notice specifies that destruction is
81	81	permitted, the department may destroy or arrange for the
82	82	destruction of the citrus plant, citrus plant product, or citrus
83	83	substance.
84	84	(e) The owner of a citrus plant, citrus plant product, or
85	85	citrus substance treated or destroyed under Subsection (a)(1) or
86	86	(2) by the department under this section is liable to the department
87	87	for the costs of treatment or destruction, and the department may
88	88	sue to collect those costs.
89	89	(e-1) The owner of a citrus plant, citrus plant product, or
90	90	citrus substance destroyed under Subsection (a)(3) is entitled to
91	91	compensation from the department for the destruction of the plant,
92	92	product, or substance.
93	93	SECTION 3. This Act takes effect September 1, 2009.