By: Hinojosa S.B. No. 1131
(In the Senate - Filed February 25, 2009; March 13, 2009,
read first time and referred to Committee on Agriculture and Rural
Affairs; April 20, 2009, reported favorably by the following vote:
Yeas 5, Nays 0; April 20, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the seizure and destruction of certain plants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 71.007, Agriculture Code, is amended to
read as follows:
Sec. 71.007. RULES. (a) In addition to other rules
necessary for the protection of agricultural and horticultural
interests, the department may adopt rules that:
(1) prevent the selling, moving, or transporting of
any plant, plant product, or substance that is found to be infested
or found to be from a quarantined area;
(2) provide for the destruction of trees or fruits;
(3) provide for the cleaning or treatment of orchards;
(4) provide for methods of storage;
(5) prevent entry into a pest-free zone of any plant,
plant product, or substance found to be dangerous to the
agricultural and horticultural interests of the zone;
(6) provide for the maintenance of a host-free period
in which certain fruits are not allowed to ripen; [or]
(7) provide for specific treatment of a grove or
orchard or of infested or infected plants, plant products, or
substances; or
(8) provide for a program to manage or eradicate
exotic citrus diseases, including citrus canker and citrus
greening.
(b) Rules adopted under Subsection (a)(8) shall establish,
based on scientific evidence, when a healthy but suspect citrus
plant must be destroyed, and may provide for compensation to an
owner of a plant destroyed under this subsection.
SECTION 2. Section 71.0091, Agriculture Code, is amended by
amending Subsections (a), (b), (c), and (e) and adding Subsection
(e-1) to read as follows:
(a) The department may seize a citrus plant, citrus plant
product, or citrus substance that the department determines:
(1) is transported or carried from a quarantined area
in violation of a quarantine order; [or]
(2) is infected with a disease or insect pest
dangerous to a citrus plant, citrus plant product, or citrus
substance, without regard to whether the citrus plant, citrus plant
product, or citrus substance comes from an area known to be
infested; or
(3) is located within proximity to a plant infected by
a disease dangerous to any agricultural or horticultural product
and is determined by the department to likely be infected by that
disease, regardless of whether the plant currently exhibits
symptoms of the disease.
(b) If a citrus plant, citrus plant product, or citrus
substance is seized under Subsection (a)(1) [of this section], the
department immediately shall notify the owner that the citrus
plant, citrus plant product, or citrus substance is a public
nuisance and that it must be destroyed, treated, or, if feasible,
returned to its point of origin. If a citrus plant, citrus plant
product, or citrus substance is seized under Subsection (a)(2) or
(3) [of this section], the department immediately shall notify the
owner that the citrus plant, citrus plant product, or citrus
substance is a public nuisance and must be destroyed or treated.
(c) If the owner of a citrus plant, citrus plant product, or
citrus substance seized under Subsection (a)(1) or (2) [(a) of this
section] is unknown to the department, the department shall publish
or post notice that, not earlier than the fifth day after the first
day on which notice is published or posted, the department may
destroy the citrus plant, citrus plant product, or citrus
substance. The department shall publish the notice for three
consecutive days in a newspaper of general circulation in the
county in which the citrus plant, citrus plant product, or citrus
substance is located or post the notice in the immediate vicinity of
the area in which the citrus plant, citrus plant product, or citrus
substance is located. The notice must describe the citrus plant,
citrus plant product, or citrus substance seized. If the owner
claims the citrus plant, citrus plant product, or citrus substance
before the date for destruction set by the notice, the department
shall deliver the citrus plant, citrus plant product, or citrus
substance to the owner at the owner's expense. If the owner does
not claim the citrus plant, citrus plant product, or citrus
substance before the date the notice specifies that destruction is
permitted, the department may destroy or arrange for the
destruction of the citrus plant, citrus plant product, or citrus
substance.
(e) The owner of a citrus plant, citrus plant product, or
citrus substance treated or destroyed under Subsection (a)(1) or
(2) by the department under this section is liable to the department
for the costs of treatment or destruction, and the department may
sue to collect those costs.
(e-1) The owner of a citrus plant, citrus plant product, or
citrus substance destroyed under Subsection (a)(3) is entitled to
compensation from the department for the destruction of the plant,
product, or substance.
SECTION 3. This Act takes effect September 1, 2009.
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