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.