By: Lucio S.B. No. 916 A BILL TO BE ENTITLED AN ACT 1-1 relating to citrus diseases and pests. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Subchapter A, Chapter 71, Agriculture Code, is 1-4 amended by adding Section 71.0091 to read as follows: 1-5 71.0091. Seizure, Treatment, and Destruction of Citrus 1-6 Plants, Citrus Plant Products, and Other Citrus Substances. 1-7 (a) The department shall seize any citrus plant, citrus 1-8 plant product, or citrus substance that it determines: 1-9 (1) is transported or carried from a quarantined area 1-10 in violation of a quarantine order; or 1-11 (2) is infected with a disease or insect pest 1-12 dangerous to any citrus plant, citrus product or citrus substances, 1-13 whether or not the citrus plant, citrus product, or citrus 1-14 substance comes from an area known to be infested. 1-15 (b) If a citrus plant, citrus plant product, or citrus 1-16 substance is seized under Subsection (a)(1) of this section, the 1-17 department shall immediately notify the owner that the citrus 1-18 plant, citrus product, or citrus substance is a public menace and 1-19 that it must be destroyed, treated, or, if feasible, returned to 1-20 the point of origin. If a citrus plant, citrus product, or citrus 1-21 substance is seized under Subsection (a)(2) of this section, the 1-22 department shall immediately notify the owner that the citrus 1-23 plant, citrus product, or citrus substance is a public menace and 2-1 that it must be destroyed or treated. 2-2 (c) If the owner of a citrus plant, citrus plant product, or 2-3 citrus substance seized under Subsection (a) of this section is 2-4 unknown to the department, the department shall publish notice 2-5 that, after a date not less than 10 days after the first day of 2-6 publication, the department will destroy the citrus plant, citrus 2-7 product, or citrus substance. The department shall publish the 2-8 notice for two consecutive weeks in a newspaper of general 2-9 circulation in the county where the citrus plant, citrus product, 2-10 or citrus substance is found. The notice must describe the article 2-11 seized. If the owner claims the article before the date for 2-12 destruction set by the notice, the department shall deliver the 2-13 article to the owner at the owner's expense. If the owner does not 2-14 claim the article within the allotted time, the department may 2-15 destroy the article or have it destroyed. 2-16 (d) If the owner of a citrus plant, citrus product or citrus 2-17 substance condemned by the department under this subchapter fails 2-18 or refuses to destroy the citrus plant, citrus product or citrus 2-19 substance immediately after being instructed to do so by the 2-20 department, the department shall abate the nuisance and immediately 2-21 destroy the citrus plant, citrus product or citrus substance or 2-22 otherwise render the citrus plant, citrus product or citrus 2-23 substance not a nuisance. In enforcing this subsection, the 2-24 department shall call on the sheriff of the county in which the 2-25 citrus plant, citrus product, or citrus substance is located, and 3-1 the sheriff shall cooperate with the department and render all 3-2 assistance considered necessary by the person seeking to destroy 3-3 the citrus plant, citrus product or citrus substance. 3-4 (e) The owner of a citrus plant, citrus plant product, or 3-5 citrus substance treated or destroyed by the department under this 3-6 section is liable to the department for the costs of treatment or 3-7 destruction, and the department may sue to collect those costs. 3-8 SECTION 2. The importance of this legislation and the 3-9 crowded condition of the calendars in both houses create an 3-10 emergency and an imperative public necessity that the 3-11 constitutional rule requiring bills to be read on three several 3-12 days in each house be suspended, and this rule is hereby suspended, 3-13 and that this Act take effect and be in force from and after its 3-14 passage, and it is so enacted.