73R7742 CAS-F By Cuellar of Hidalgo H.B. No. 2105 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to seizure, treatment, and destruction of a citrus plant, 1-3 citrus plant product, or citrus substance. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 71, Agriculture Code, is 1-6 amended by adding Section 71.0091 to read as follows: 1-7 Sec. 71.0091. SEIZURE, TREATMENT, AND DESTRUCTION OF A 1-8 CITRUS PLANT, CITRUS PLANT PRODUCT, OR CITRUS SUBSTANCE. (a) The 1-9 department may seize a citrus plant, citrus plant product, or 1-10 citrus substance that the department determines: 1-11 (1) is transported or carried from a quarantined area 1-12 in violation of a quarantine order; or 1-13 (2) is infected with a disease or insect pest 1-14 dangerous to a citrus plant, citrus plant product, or citrus 1-15 substance, without regard to whether the citrus plant, citrus plant 1-16 product, or citrus substance comes from an area known to be 1-17 infested. 1-18 (b) If a citrus plant, citrus plant product, or citrus 1-19 substance is seized under Subsection (a)(1) of this section, the 1-20 department immediately shall notify the owner that the citrus 1-21 plant, citrus plant product, or citrus substance is a public 1-22 nuisance and that it must be destroyed, treated, or, if feasible, 1-23 returned to its point of origin. If a citrus plant, citrus plant 2-1 product, or citrus substance is seized under Subsection (a)(2) of 2-2 this section, the department immediately shall notify the owner 2-3 that the citrus plant, citrus plant product, or citrus substance is 2-4 a public nuisance and must be destroyed or treated. 2-5 (c) If the owner of a citrus plant, citrus plant product, or 2-6 citrus substance seized under Subsection (a) of this section is 2-7 unknown to the department, the department shall publish or post 2-8 notice that, not earlier than the fifth day after the first day on 2-9 which notice is published or posted, the department may destroy the 2-10 citrus plant, citrus plant product, or citrus substance. The 2-11 department shall publish the notice for three consecutive days in a 2-12 newspaper of general circulation in the county in which the citrus 2-13 plant, citrus plant product, or citrus substance is located or post 2-14 the notice in the immediate vicinity of the area in which the 2-15 citrus plant, citrus plant product, or citrus substance is located. 2-16 The notice must describe the citrus plant, citrus plant product, or 2-17 citrus substance seized. If the owner claims the citrus plant, 2-18 citrus plant product, or citrus substance before the date for 2-19 destruction set by the notice, the department shall deliver the 2-20 citrus plant, citrus plant product, or citrus substance to the 2-21 owner at the owner's expense. If the owner does not claim the 2-22 citrus plant, citrus plant product, or citrus substance before the 2-23 date the notice specifies that destruction is permitted, the 2-24 department may destroy or arrange for the destruction of the citrus 2-25 plant, citrus plant product, or citrus substance. 3-1 (d) If the owner of a citrus plant, citrus plant product, or 3-2 citrus substance seized by the department under this section fails 3-3 or refuses to destroy the citrus plant, citrus plant product, or 3-4 citrus substance immediately after being instructed to do so by the 3-5 department, the department may abate the nuisance by destroying the 3-6 citrus plant, citrus plant product, or citrus substance or may 3-7 otherwise treat the citrus plant, citrus plant product, or citrus 3-8 substance so that it is no longer a nuisance. In enforcing this 3-9 subsection, the department may call on the sheriff of the county in 3-10 which the citrus plant, citrus plant product, or citrus substance 3-11 is located, and the sheriff shall cooperate with the department and 3-12 provide assistance necessary to abate the nuisance. 3-13 (e) The owner of a citrus plant, citrus plant product, or 3-14 citrus substance treated or destroyed by the department under this 3-15 section is liable to the department for the costs of treatment or 3-16 destruction, and the department may sue to collect those costs. 3-17 (f) The department may enter into an agreement with a 3-18 private entity to obtain assistance in defraying the cost of 3-19 implementing this section. 3-20 SECTION 2. Section 71.009, Agriculture Code, is amended by 3-21 adding Subsection (f) to read as follows: 3-22 (f) This section does not apply to a citrus plant, citrus 3-23 plant product, or other citrus substance. 3-24 SECTION 3. The importance of this legislation and the 3-25 crowded condition of the calendars in both houses create an 4-1 emergency and an imperative public necessity that the 4-2 constitutional rule requiring bills to be read on three several 4-3 days in each house be suspended, and this rule is hereby suspended, 4-4 and that this Act take effect and be in force from and after its 4-5 passage, and it is so enacted.