SRC-TJG S.B. 1405 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1405
By: Lucio
Subcommittee on Agriculture
3/25/2003
As Filed


DIGEST AND PURPOSE 

The United States Department of Agriculture has notified  Texas Department
of Agriculture (TDA) officials that without additional authority to
implement eradication processes, the entire state of Texas may be
quarantined.  As proposed, S.B. 1405 establishes TDA's ability to seize or
treat articles, such as vehicles or methods of storage, as well as
agricultural produce, that are located in a quarantined area. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department of
Agriculture in SECTION 2 (Section 71.092, Agriculture Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 71.008, Agriculture Code, as follows:

(f) Requires the provisions of this section to not be construed to
restrict the authority of the Texas Department of Agriculture (TDA) to
establish an eradication program within a quarantined area on its own
initiative in order to protect the state's agricultural resources. 

SECTION 2.  Amends Section 71.092, Agriculture Code, by adding Section
71.0092, as follows: 

Sec. 71.0092.  Treatment, Handling, Seizure, and Destruction of
Non-Infested Host Materials Within A Quarantined Zone.  (a) Defines
"quarantined article."   

(b) Authorizes TDA, by rule, to establish treatment and handling
requirements for quarantined articles found within a quarantined area in
order to prevent dissemination of a dangerous insect pest or plant disease
outside the quarantined area or into a pest-free area within the state;
prevent infestation of non-infested quarantined articles by a dangerous
insect pest or plant disease that is subject to a quarantine established
by TDA under this subchapter; suppress the level of occurrence within this
state, or a quarantined area of this state, of a dangerous insect pest or
plant disease that is subject to a quarantine established by TDA under
this subchapter; or facilitate the eradication of a dangerous insect pest
or plant disease that is subject to a quarantine established by TDA under
this subchapter. 

(c) Requires a person in possession or control of a quarantined article
located within a quarantined area to comply with TDA rules and orders
regarding treatment and handling of quarantined articles. 
 
(d) Authorizes TDA, if the person in possession or control of a
quarantined article located within a quarantined area fails to comply with
a rule or order of TDA under this section, to take certain actions, at the
expense of the owner or other person in possession or control of the
article. 
 
(e) Requires TDA, if the owner of a quarantined article seized under this
section is unknown to TDA, to publish or post notice that, not earlier
than the fifth day after  the first day on which notice is published or
posted, authorizes TDA to destroy, treat, or isolate the quarantined
article at the owner's expense.  Requires TDA to publish the notice for
three consecutive days in a newspaper of general circulation in the county
in which the quarantined article was located at the time it was seized.
Requires the notice to describe the quarantined article seized under
certain conditions. 

(f) Authorizes TDA, in enforcing the provisions of this section, to seek
the assistance of the Department of Public Safety, as provided by Section
71.0101 of this subchapter, or any law enforcement officer of the county
in which the quarantined article is located, and requires the Department
of Public Safety or local law enforcement officer to cooperate with TDA
and provide any assistance necessary to give effect to the provisions of
this section and abate the nuisance. 

(g) Provides that the owner of a quarantined article treated, isolated, or
destroyed by TDA under this section is liable to TDA for the costs of
treatment, isolation or destruction, and authorizes TDA to sue to collect
those costs. 

(h) Provides that the attorney general is entitled to court costs and
reasonable attorneys fees in any suit brought on behalf of TDA under this
section, including any suit for an injunction. 

(i) Authorizes TDA to enter into an agreement with a private entity to
obtain assistance in defraying the cost of implementing this section. 

SECTION 3.  Effective date: upon passage or September 1, 2003.