By:  Lucio                                                        S.B. No. 1405

A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas Department of Agriculture to manage an in-state quarantine. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 71.008, Agriculture Code, is amended as follows:
Sec. 71.008. CONTROL OR ERADICATION ZONE.
(a) On request of the commissioners court of any county, the department shall investigate whether a certain insect pest or plant disease exists in the county. Based on that investigation, the department shall make a written report to the commissioners court stating: (1) the nature of the infestation, if any; (2) the best known method of controlling or eradicating the pest or disease; (3) the treatment or method necessary to be applied in each case; and (4) a detailed description of the method of making, procuring, and applying the recommended preparation or treatment and the time and duration of the treatment. (b) After receiving the report of the department, the commissioners court may conduct a public hearing on the report. The commissioners court may publish the text of the report and notice of the hearing for two consecutive weeks in a newspaper of general circulation in each area under consideration. The commissioners court shall hold the hearing not less than 15 days after the first day of published notice. Any interested person is entitled to be heard at the hearing. (c) After the hearing, the commissioners court shall make a written report of its conclusions to the department. If the commissioners court approves the recommendations of the department and determines that the recommended measures should be applied in the area under consideration, the commissioners court by order entered in its minutes shall request that the department establish a control zone or an eradication zone in each applicable area. (d) If requested to establish a control or eradication zone under Subsection (c) of this section, the department shall issue a proclamation designating the appropriate area a control zone or an eradication zone, as applicable, and shall adopt rules governing the control or eradication of the pest or disease within the zone. No person may commit an act prohibited by the rules or refuse to perform an act as required by the rules. (e) A commissioners court may appropriate funds from the general revenue of the county and employ aid as necessary to carry out this section. (f) The provisions of this section shall not be construed to restrict the department's authority to establish an eradication program within a quarantined area on its own initiative in order to protect the state's agricultural resources. SECTION 2. Section 71.092, Agriculture Code is amended by adding Section 71.0092 to read as follows: Sec. 71.0092. Treatment, Handling, Seizure, and Destruction of Non-Infested Host Materials Within A Quarantined Zone (a) For purposes of this section, a "quarantined article" is any motor vehicle, railcar, or other conveyance that has been recently used for the transport or production of, is being used for the transport or production of, or is intended for use in the transport or production of another controlled article listed in this subsection, or any plant, plant product, plant material, substance, or item capable of hosting or facilitating the dissemination of an insect pest or plant disease subject to a quarantine established by the department under this subchapter. (b) The department may by rule establish treatment and handling requirements for quarantined articles found within a quarantined area in order to: (1) prevent dissemination of a dangerous insect pest or plant disease outside the quarantined area or into a pest-free area within the state; (2) prevent infestation of non-infested quarantined articles by a dangerous insect pest or plant disease that is subject to a quarantine established by the department under this subchapter; (3) 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 the department under this subchapter; or (4) facilitate the eradication of a dangerous insect pest or plant disease that is subject to a quarantine established by the department under this subchapter. (c) A person in possession or control of a quarantined article located within a quarantined area shall comply with department rules and orders regarding treatment and handling of quarantined articles. (d) If the person in possession or control of a quarantined article located within a quarantined area fails to comply with a department rule or order under this section, the department may, at the expense of the owner or other person in possession or control of the article: (1) seize the quarantined article and, as appropriate to the nature of the article seized and available department resources and subject to Section 71.010 of this subchapter: (A) isolate the quarantined article in a location and under conditions sufficient to prevent the propagation or dissemination of the dangerous insect pest or plant disease until such time as the article no longer represents a danger of such propagation or dissemination or until such time as the person in possession or control agrees to comply with the rule or order; (B) treat the quarantined article to eliminate the danger of propagation or dissemination of the dangerous insect pest or plant disease; or (C) destroy the quarantined article; or (2) seek an injunction from a district court in Travis County ordering the person in possession or control of the quarantined article to, subject to civil or criminal contempt of court: (A) comply with the department's rule or order; or (B) surrender possession of the quarantined article to the department for disposition under Subsection (d)(1) of this section. (e) If the owner of a quarantined article seized under this section is unknown to the department, the department shall publish or post notice that, not earlier than the fifth day after the first day on which notice is published or posted, the department may destroy, treat, or isolate the quarantined article at the owner's expense. The department shall 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. The notice shall describe the quarantined article seized. (1) If the owner claims the quarantined article before the date for destruction set by the notice and agrees in writing to treat or handle the article in the manner provided by department rule or order, the department shall deliver the quarantined article to the owner at the owner's expense. (2) If the owner does not claim the quarantined article before the date the notice specifies that destruction is permitted, the department may destroy or arrange for the destruction of the quarantined article or continue to isolate or treat the quarantined article at the owner's expense. (3) If the owner refuses to agree in writing to comply with the department's rule or order regarding treatment or handling of the quarantined article, the department may destroy or arrange for the destruction of the quarantined article or continue to isolate or treat the quarantined article at the owner's expense, subject to the provisions of Section 71.010 of this subchapter. (f) In enforcing the provisions of this section, the department may 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 the Department of Public Safety or local law enforcement officer shall cooperate with the department and provide any assistance necessary to give effect to the provisions of this section and abate the nuisance. (g) The owner of a quarantined article treated, isolated, or destroyed by the department under this section is liable to the department for the costs of treatment, isolation or destruction, and the department may sue to collect those costs. (h) The Attorney General is entitled to court costs and reasonable attorneys fees in any suit brought on behalf of the department under this section, including any suit for an injunction. (i) The department may enter into an agreement with a private entity to obtain assistance in defraying the cost of implementing this section. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.