73R7742 CAS-F
          By Cuellar of Hidalgo                                 H.B. No. 2105
          Substitute the following for H.B. No. 2105:
          By Swinford                                       C.S.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.