By: Lucio S.B. No. 1405
(In the Senate - Filed March 13, 2003; March 20, 2003, read
first time and referred to Subcommittee on Agriculture;
March 31, 2003, reported adversely, with favorable Committee
Substitute to the Committee on Natural Resources by the following
vote: Yeas 3, Nays 0; April 22, 2003, reported adversely, with
favorable Committee Substitute from the Committee on Natural
Resources by the following vote: Yeas 11, Nays 0; April 22, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1405 By: Estes
A BILL TO BE ENTITLED
AN ACT
relating to administration by the Texas Department of Agriculture
of quarantined articles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 71.008, Agriculture Code, is amended by
adding Subsection (f) to read as follows:
(f) This section does not restrict the department's
authority to establish on its own initiative an eradication program
within a quarantined area to protect the state's agricultural
resources.
SECTION 2. Subchapter A, Chapter 71, Agriculture Code, is
amended by adding Section 71.0092 to read as follows:
Sec. 71.0092. SEIZURE, TREATMENT, HANDLING, AND
DESTRUCTION OF CERTAIN MATERIALS WITHIN QUARANTINED AREA. (a) In
this section, "quarantined article" means:
(1) a plant, plant product, substance, or other item
capable of hosting or facilitating the dissemination of an insect
pest or plant disease that is the subject of a quarantine
established by the department under this subchapter; or
(2) a motor vehicle, railcar, other conveyance, or
equipment used for, or intended for use in, the transportation or
production of an item described by Subdivision (1).
(b) The department by rule may establish treatment and
handling requirements for a quarantined article found within a
quarantined area. The requirements must be designed to:
(1) prevent dissemination of a dangerous insect pest
or plant disease outside the quarantined area or into a pest-free
area in the state;
(2) prevent infestation of a quarantined article by a
dangerous insect pest or plant disease that is subject to a
quarantine established by the department under this subchapter;
(3) decrease the occurrence in 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 in a quarantined area shall comply with department
rules and orders regarding treatment and handling of the
quarantined article.
(d) If a person in possession or control of a quarantined
article located in a quarantined area fails to comply with a
department rule or order under this section, the department may at
the expense of the person or of the owner of the article:
(1) seize the quarantined article and, subject to
available department resources and Section 71.010:
(A) isolate the article in a manner designed to
prevent the dissemination of the dangerous insect pest or plant
disease until the article no longer represents a danger of
dissemination or until the person agrees to comply with the rule or
order;
(B) treat the article to eliminate the danger of
dissemination of the dangerous insect pest or plant disease; or
(C) destroy the article; or
(2) seek an injunction from a district court in Travis
County ordering the person to:
(A) comply with the department's rule or order;
or
(B) surrender possession of the quarantined
article to the department for disposition under Subdivision (1).
(e) If the owner of a quarantined article seized under this
section is unknown to the department, the department shall publish
notice that not earlier than the fifth day after the date on which
the notice is published or posted the department may destroy,
treat, or isolate the quarantined article at the owner's expense.
The department must publish the notice for three consecutive days
in a newspaper of general circulation in the county in which the
quarantined article was seized. The notice must include a
description of the quarantined article. If an owner claims the
quarantined article before the date described by the notice and
agrees in writing to treat or handle the article in a manner
provided by department rule or order, the department shall deliver
the quarantined article to the owner at the owner's expense. If an
owner does not claim the quarantined article before the date
described by the notice, 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. If an
owner refuses to agree in writing to comply with the department's
rule or order regarding treatment or handling of a 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 Section
71.010.
(f) In enforcing this section, the department may seek the
assistance of the Department of Public Safety under Section
71.0101, or any law enforcement officer of the county in which the
quarantined article is located. The Department of Public Safety or
local law enforcement officer shall cooperate with the department
and provide any assistance necessary to implement this section.
(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, and destruction,
and the department may bring suit to collect the costs.
(h) The attorney general is entitled to court costs and
reasonable attorney's 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 public
or 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.
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