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S.B. No. 1413
AN ACT
relating to certain powers, duties, and programs of the Department
of Agriculture and to other entities engaged in agricultural
activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The following provisions of the Agriculture Code
are repealed:
(1) Sections 12.004, 12.008, 12.009, 12.030, 13.005,
13.006, 13.103, 13.105, 13.106, and 13.107, Subsections (b) and
(c), Section 13.108, Sections 15.004, 77.004, and 77.005; and
(2) Chapters 53, 96, 104, 145, and 252.
SECTION 2. Chapter 12, Agriculture Code, is amended by
adding Section 12.0012 to read as follows:
Sec. 12.0012. NOTICE OF QUARANTINE. The department, on
submission for publication, shall notify the Department of Public
Safety's division of emergency management of each quarantine the
department adopts. The department shall then cooperate with the
division of emergency management in implementing any necessary
safeguards to protect the state's agricultural resources from
potential economic, health, or ecological disaster that may result
from the quarantined pest or disease.
SECTION 3. Section 13.109, Agriculture Code, is amended to
read as follows:
Sec. 13.109. RULES GOVERNING SEALERS. The department shall
issue instructions and adopt rules governing state[, county, and
local] sealers as necessary to carry out the purposes of this
chapter.
SECTION 4. Subsection (a), Section 13.110, Agriculture
Code, is amended to read as follows:
(a) In accordance with this subchapter, each sealer may
inspect and test all weights and measures used in the locality to
which the sealer is assigned [or in the city or county in which the
sealer is appointed].
SECTION 5. Section 13.122, Agriculture Code, is amended to
read as follows:
Sec. 13.122. PENALTIES. An offense under Section [13.103,
13.106,] 13.114[,] or each of Sections 13.116 through 13.121 [of
this code] is a Class C misdemeanor.
SECTION 6. Subsection (c), Section 60.063, Agriculture
Code, is amended to read as follows:
(c) A [If notice is given at closing, a] purchaser or the
purchaser's heirs, successors, or assigns may not maintain any
action for damages or maintain any action against the seller, title
insurance company, real estate brokers, or lienholder, or any
agent, representative, or person acting in their behalf, by reason
of the imposition of fees or assessments by the district authorized
by this chapter. Notice is not required to be given pursuant to
this section [paragraph] unless a certified copy of the order
creating the district has been recorded in the real property
records in the county in which the land is located and such order
contains the legal description of the district. A purchaser,
seller, lender, real estate broker, title insurance company, and
title insurance agent may conclusively rely on the recorded
certified copy of the order.
SECTION 7. 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 8. 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 9. Section 146.021, Agriculture Code, is amended to
read as follows:
Sec. 146.021. DEPARTMENT FACILITIES. The department may
receive and hold for processing animals and animal products
transported in international trade and may establish and collect
reasonable fees for yardage, maintenance, feed, medical care,
facility use, and other necessary expenses incurred in the course
of processing those animals.
SECTION 10. The farm and ranch loan security fund created
under Section 252.081, Agriculture Code, is abolished.
SECTION 11. Section 6 of this Act, amending Subsection (c),
Section 60.063, Agriculture Code, takes effect only if House Bill
No. 3383, proposed by the 78th Legislature, Regular Session, 2003,
relating to agricultural development districts, is passed and
becomes law. If that bill does not become law, Section 6 of this Act
has no effect.
SECTION 12. Except as provided by Section 11 of this Act,
this Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1413 passed the Senate on
May 6, 2003, by the following vote: Yeas 31, Nays 0;
May 30, 2003, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 30, 2003, House
granted request of the Senate; June 1, 2003, Senate adopted
Conference Committee Report by a viva-voce vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1413 passed the House, with
amendments, on May 25, 2003, by the following vote: Yeas 59,
Nays 50, one present not voting; May 30, 2003, House granted
request of the Senate for appointment of Conference Committee;
June 1, 2003, House adopted Conference Committee Report by the
following vote: Yeas 144, Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor