1-1 By: Cuellar of Hidalgo (Senate Sponsor - Lucio) H.B. No. 2105
1-2 (In the Senate - Received from the House April 26, 1993;
1-3 April 27, 1993, read first time and referred to Committee on
1-4 Natural Resources; May 3, 1993, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 3, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to seizure, treatment, and destruction of a citrus plant,
1-22 citrus plant product, or citrus substance.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Subchapter A, Chapter 71, Agriculture Code, is
1-25 amended by adding Section 71.0091 to read as follows:
1-26 Sec. 71.0091. SEIZURE, TREATMENT, AND DESTRUCTION OF A
1-27 CITRUS PLANT, CITRUS PLANT PRODUCT, OR CITRUS SUBSTANCE. (a) The
1-28 department may seize a citrus plant, citrus plant product, or
1-29 citrus substance that the department determines:
1-30 (1) is transported or carried from a quarantined area
1-31 in violation of a quarantine order; or
1-32 (2) is infected with a disease or insect pest
1-33 dangerous to a citrus plant, citrus plant product, or citrus
1-34 substance, without regard to whether the citrus plant, citrus plant
1-35 product, or citrus substance comes from an area known to be
1-36 infested.
1-37 (b) If a citrus plant, citrus plant product, or citrus
1-38 substance is seized under Subsection (a)(1) of this section, the
1-39 department immediately shall notify the owner that the citrus
1-40 plant, citrus plant product, or citrus substance is a public
1-41 nuisance and that it must be destroyed, treated, or, if feasible,
1-42 returned to its point of origin. If a citrus plant, citrus plant
1-43 product, or citrus substance is seized under Subsection (a)(2) of
1-44 this section, the department immediately shall notify the owner
1-45 that the citrus plant, citrus plant product, or citrus substance is
1-46 a public nuisance and must be destroyed or treated.
1-47 (c) If the owner of a citrus plant, citrus plant product, or
1-48 citrus substance seized under Subsection (a) of this section is
1-49 unknown to the department, the department shall publish or post
1-50 notice that, not earlier than the fifth day after the first day on
1-51 which notice is published or posted, the department may destroy the
1-52 citrus plant, citrus plant product, or citrus substance. The
1-53 department shall publish the notice for three consecutive days in a
1-54 newspaper of general circulation in the county in which the citrus
1-55 plant, citrus plant product, or citrus substance is located or post
1-56 the notice in the immediate vicinity of the area in which the
1-57 citrus plant, citrus plant product, or citrus substance is located.
1-58 The notice must describe the citrus plant, citrus plant product, or
1-59 citrus substance seized. If the owner claims the citrus plant,
1-60 citrus plant product, or citrus substance before the date for
1-61 destruction set by the notice, the department shall deliver the
1-62 citrus plant, citrus plant product, or citrus substance to the
1-63 owner at the owner's expense. If the owner does not claim the
1-64 citrus plant, citrus plant product, or citrus substance before the
1-65 date the notice specifies that destruction is permitted, the
1-66 department may destroy or arrange for the destruction of the citrus
1-67 plant, citrus plant product, or citrus substance.
1-68 (d) If the owner of a citrus plant, citrus plant product, or
2-1 citrus substance seized by the department under this section fails
2-2 or refuses to destroy the citrus plant, citrus plant product, or
2-3 citrus substance immediately after being instructed to do so by the
2-4 department, the department may abate the nuisance by destroying the
2-5 citrus plant, citrus plant product, or citrus substance or may
2-6 otherwise treat the citrus plant, citrus plant product, or citrus
2-7 substance so that it is no longer a nuisance. In enforcing this
2-8 subsection, the department may call on the sheriff of the county in
2-9 which the citrus plant, citrus plant product, or citrus substance
2-10 is located, and the sheriff shall cooperate with the department and
2-11 provide assistance necessary to abate the nuisance.
2-12 (e) The owner of a citrus plant, citrus plant product, or
2-13 citrus substance treated or destroyed by the department under this
2-14 section is liable to the department for the costs of treatment or
2-15 destruction, and the department may sue to collect those costs.
2-16 (f) The department may enter into an agreement with a
2-17 private entity to obtain assistance in defraying the cost of
2-18 implementing this section.
2-19 SECTION 2. Section 71.009, Agriculture Code, is amended by
2-20 adding Subsection (f) to read as follows:
2-21 (f) This section does not apply to a citrus plant, citrus
2-22 plant product, or other citrus substance.
2-23 SECTION 3. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended,
2-28 and that this Act take effect and be in force from and after its
2-29 passage, and it is so enacted.
2-30 * * * * *
2-31 Austin,
2-32 Texas
2-33 May 3, 1993
2-34 Hon. Bob Bullock
2-35 President of the Senate
2-36 Sir:
2-37 We, your Committee on Natural Resources to which was referred H.B.
2-38 No. 2105, have had the same under consideration, and I am
2-39 instructed to report it back to the Senate with the recommendation
2-40 that it do pass and be printed.
2-41 Sims,
2-42 Chairman
2-43 * * * * *
2-44 WITNESSES
2-45 No witness appeared on H.B. No. 2105.