Texas Senate Bill SB1132

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/20/09

Caption

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

Impact

The introduction of SB1132 potentially impacts existing laws related to agriculture and pest control. It expands the authority of the Texas Department of Agriculture, enabling them to enforce plant health regulations more effectively. By allowing agricultural warrants to be executed with probable cause, which could merely involve proximity to a known infestation, the law streamlines the process by reducing the need for extensive prior consent from property owners. This could lead to faster action in dealing with agricultural threats but may also raise concerns among property rights advocates about the scope of government authority.

Summary

Senate Bill 1132 introduces regulations surrounding the issuance and execution of agriculture warrants in the state of Texas. The bill aims to enhance the Texas Department of Agriculture's ability to combat plant pests and diseases by granting it authority to seek warrants for conducting inspections, setting traps, and testing for diseases. This legislative change is intended to streamline the process for addressing agricultural threats and allows the department greater flexibility in ensuring the health of plant life within the state. By defining the conditions under which such warrants can be obtained, the bill seeks to bolster the state's agricultural inspection capabilities.

Contention

Some points of contention surrounding SB1132 may include concerns over property rights and the potential for abuse of the power granted to the Department of Agriculture. Critics may argue that the ability to issue warrants based on a reasonable suspicion rather than a direct threat could lead to intrusive inspections. Furthermore, since the warrants are valid for multiple executions before their expiration, there may be fears that such authority could be misused or applied excessively. The classification of interference with these warrants as a Class B misdemeanor might also raise discussions about the proportionality of legal penalties associated with resistance to department operations.