By Cuellar of Hidalgo H.B. No. 2105 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to citrus diseases and pests. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter A, Chapter 71, Agriculture Code, is 1-5 amended by adding Section 71.0091 to read as follows: 1-6 71.0091. Seizure, Treatment, and Destruction of Citrus 1-7 Plants, Citrus Plant Products, and Other Citrus Substances. 1-8 (a) The department shall seize any citrus plant, citrus 1-9 plant product, or citrus substance that it determines: 1-10 (1) is transported or carried from a quarantined area 1-11 in violation of a quarantine order; or 1-12 (2) is infected with a disease or insect pest 1-13 dangerous to any citrus plant, citrus product or citrus substances, 1-14 whether or not the citrus plant, citrus product, or citrus 1-15 substance comes from an area known to be infected. 1-16 (b) If a citrus plant, citrus plant product, or citrus 1-17 substance is seized under Subsection (a)(1) of this section, the 1-18 department shall immediately notify the owner that the citrus 1-19 plant, citrus product, or citrus substance is a public menace and 1-20 that it must be destroyed, treated, or, if feasible, returned to 1-21 the point of origin. If a citrus plant, citrus product, or citrus 1-22 substance is seized under Subsection (a)(2) of this section, the 1-23 department shall immediately notify the owner that the citrus 2-1 plant, citrus product, or citrus substance is a public menace and 2-2 that is must be destroyed or treated. 2-3 (c) If the owner of a citrus plant, citrus plant product, or 2-4 citrus substance seized under Subsection (a) of this section is 2-5 unknown to the department, the department shall publish notice 2-6 that, after a date not less than 10 days after the first day of 2-7 publication, the department will destroy the citrus plant, citrus 2-8 product, or citrus substance. The department shall publish the 2-9 notice for two consecutive weeks in a newspaper of general 2-10 circulation in the county where the citrus plant, citrus product, 2-11 or citrus substance is found. The notice must describe the article 2-12 seized. If the owner claims the article before the date for 2-13 destruction set by the notice, the department shall deliver the 2-14 article to the owner at the owner's expense. If the owner does not 2-15 claim the article within the allotted time, the department may 2-16 destroy the article or have it destroyed. 2-17 (d) If the owner of a citrus plant, citrus product or citrus 2-18 substance condemned by the department under this subchapter fails 2-19 or refuses to destroy the citrus plant, citrus product or citrus 2-20 substance immediately after being instructed to do so by the 2-21 department, the department shall abate the nuisance and immediately 2-22 destroy the citrus plant, citrus product or citrus substance or 2-23 otherwise render the citrus plant, citrus product or citrus 2-24 substance not a nuisance. In enforcing this subsection, the 2-25 department shall call on the sheriff of the county in which the 3-1 citrus plant, citrus product, or citrus substance is located, and 3-2 the sheriff shall cooperate with the department and render all 3-3 assistance considered necessary by the person seeking to destroy 3-4 the citrus plant, citrus product or citrus substance. 3-5 (e) The owner of a citrus plant, citrus plant product, or 3-6 citrus substance treated or destroyed by the department under this 3-7 section is liable to the department for the costs of treatment or 3-8 destruction, and the department may sue to collect those costs. 3-9 SECTION 2. The importance of this legislation and the 3-10 crowded condition of the calendars in both houses create an 3-11 emergency and an imperative public necessity that the 3-12 constitutional rule requiring bills to be read on three several 3-13 days in each house be suspended, and this rule is hereby suspended, 3-14 and that this Act take effect and be in force from and after its 3-15 passage, and it is so enacted.