| 1 | 1 | | 88R21072 MP-F |
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| 2 | 2 | | By: Vasut H.B. No. 4616 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to notifications by the Department of Agriculture of |
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| 8 | 8 | | certain stop-sale orders applicable to plant products and the |
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| 9 | 9 | | seizure or destruction of certain plant products. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 12.0012, Agriculture Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 12.0012. NOTIFICATIONS [NOTIFICATION]. (a) The |
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| 14 | 14 | | department shall, upon submission for publication, notify the Texas |
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| 15 | 15 | | Division of Emergency Management of each quarantine it adopts. The |
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| 16 | 16 | | department shall thereafter cooperate with the Texas Division of |
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| 17 | 17 | | Emergency Management in implementing any necessary safeguards to |
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| 18 | 18 | | protect the state's agricultural resources from potential |
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| 19 | 19 | | economic, health, or ecological disaster that may result from the |
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| 20 | 20 | | quarantined pest or disease. |
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| 21 | 21 | | (b) The department shall notify the governor, lieutenant |
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| 22 | 22 | | governor, speaker of the house of representatives, and chairs of |
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| 23 | 23 | | the house and senate committees with primary jurisdiction over the |
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| 24 | 24 | | department of: |
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| 25 | 25 | | (1) a stop-sale order under Section 18.010, 19.011, or |
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| 26 | 26 | | 71.060 applicable to a plant product; or |
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| 27 | 27 | | (2) the seizure or destruction of any plant product |
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| 28 | 28 | | authorized by the department. |
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| 29 | 29 | | (c) A notification issued under Subsection (b) must be made |
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| 30 | 30 | | within 24 hours of the issuance of the order or the action taken by |
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| 31 | 31 | | the department and must include: |
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| 32 | 32 | | (1) the date and time of the order or action; |
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| 33 | 33 | | (2) the location of the plant product barred from |
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| 34 | 34 | | sale, seized, or destroyed; |
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| 35 | 35 | | (3) the reason for the order or action, including the |
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| 36 | 36 | | agency rule and statute used as justification for the order or |
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| 37 | 37 | | action; |
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| 38 | 38 | | (4) the type and quantity of the plant product barred |
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| 39 | 39 | | from sale, seized, or destroyed; |
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| 40 | 40 | | (5) if known, the name and contact information of the |
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| 41 | 41 | | owner or operator responsible for the plant product; |
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| 42 | 42 | | (6) the name and contact information of the inspector |
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| 43 | 43 | | or other person responsible for the order or action; and |
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| 44 | 44 | | (7) any other information considered relevant by the |
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| 45 | 45 | | department. |
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| 46 | 46 | | SECTION 2. This Act takes effect immediately if it receives |
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| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 50 | 50 | | Act takes effect September 1, 2023. |
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