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.