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A BILL TO BE ENTITLED
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AN ACT
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relating to the seizure and destruction of certain plants; creating |
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an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 71.007, Agriculture Code, is amended to |
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read as follows: |
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Sec. 71.007. RULES. (a) In addition to other rules |
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necessary for the protection of agricultural and horticultural |
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interests, the department may adopt rules that: |
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(1) prevent the selling, moving, or transporting of |
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any plant, plant product, or substance that is found to be infested |
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or found to be from a quarantined area; |
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(2) provide for the destruction of trees or fruits; |
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(3) provide for the cleaning or treatment of orchards; |
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(4) provide for methods of storage; |
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(5) prevent entry into a pest-free zone of any plant, |
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plant product, or substance found to be dangerous to the |
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agricultural and horticultural interests of the zone; |
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(6) provide for the maintenance of a host-free period |
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in which certain fruits are not allowed to ripen; [or] |
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(7) provide for specific treatment of a grove or |
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orchard or of infested or infected plants, plant products, or |
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substances; or |
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(8) provide for a program to manage or eradicate |
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exotic citrus diseases, including citrus canker and citrus |
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greening. |
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(b) Rules adopted under Subsection (a)(8): |
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(1) must establish, based on scientific evidence, when |
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a healthy but suspect citrus plant must be destroyed; and |
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(2) may provide for a plan for compensating an owner of |
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a plant destroyed under a rule adopted in accordance with |
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Subdivision (1). |
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SECTION 2. Subchapter A, Chapter 71, Agriculture Code, is |
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amended by adding Section 71.0083 to read as follows: |
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Sec. 71.0083. AGRICULTURE WARRANTS. (a) In addition to |
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vehicle inspections authorized under Section 71.0081, the |
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department may seek an agriculture warrant with respect to a plant |
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pest or plant disease identified in the application for the warrant |
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to: |
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(1) conduct an inspection; |
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(2) set a trap; |
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(3) examine records; or |
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(4) test, treat, identify, quarantine, take samples |
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of, seize, or destroy infected or exposed plants. |
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(b) An agriculture warrant may be issued only by a |
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magistrate authorized to issue a search warrant under Chapter 18, |
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Code of Criminal Procedure, on application by the department |
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accompanied by a supporting affidavit that establishes probable |
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cause for the issuance of the warrant. The warrant must describe: |
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(1) the street address and municipality or the parcel |
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number and county of each place or premises subject to the warrant; |
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and |
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(2) each type of plant pest or disease that is the |
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subject of the warrant. |
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(c) In determining the existence of probable cause for the |
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issuance of an agriculture warrant, it shall be sufficient to show |
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only that: |
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(1) the place or premises described in the application |
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for the warrant are located in an area subject to a quarantine |
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established by the department with respect to the plant pest or |
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disease that is the subject of the warrant; or |
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(2) there is a reasonable probability the place or |
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premises contain a plant pest or disease or are located in an area |
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that is reasonably suspected of being infected with a plant pest or |
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disease because of its proximity to a known infestation. |
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(d) A single application and affidavit is sufficient for the |
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issuance of multiple agriculture warrants if the application for |
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the warrant describes the location of each place or premises |
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subject to the warrant and all those places or premises are located |
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in the same county. |
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(e) The department is entitled to an ex parte hearing on an |
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application for an agriculture warrant. The warrant may be served |
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and executed by a department employee and shall authorize |
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department employees to undertake any action authorized by the |
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warrant. |
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(f) At the time the warrant is executed, a copy of the |
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warrant shall be: |
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(1) delivered to a person 18 years of age or older who |
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is occupying or living in the place or premises subject to the |
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warrant; or |
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(2) attached to the place or premises in a conspicuous |
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location. |
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(g) An agriculture warrant is valid until the 61st day after |
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the date the warrant is issued and authorizes multiple executions |
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of the warrant before the date the warrant expires. A warrant may |
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be renewed or extended by the magistrate who issued the original |
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warrant if the magistrate determines there is probable cause for |
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the warrant to be reissued or extended. The agriculture warrant |
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must be returned to the issuing magistrate before the warrant |
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expires. |
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(h) An agriculture warrant may not: |
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(1) be executed between 7 p.m. and 7 a.m. of the |
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following day or on a state holiday; |
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(2) authorize the entry into or inspection of the |
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interior of any occupied dwelling; or |
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(3) be issued in blank. |
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(i) A person commits an offense if the person intentionally |
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interferes with the execution of an agriculture warrant. An |
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offense under this subsection is a Class B misdemeanor. |
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(j) This section does not restrict the authority of this |
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state or a political subdivision of this state to otherwise conduct |
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an inspection with or without a warrant as authorized by other law. |
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SECTION 3. Section 71.0091, Agriculture Code, is amended by |
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amending Subsections (a), (b), (c), and (e) and adding Subsection |
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(e-1) to read as follows: |
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(a) The department may seize a citrus plant, citrus plant |
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product, or citrus substance that the department determines: |
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(1) is transported or carried from a quarantined area |
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in violation of a quarantine order; [or] |
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(2) is infected with a disease or insect pest |
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dangerous to a citrus plant, citrus plant product, or citrus |
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substance, without regard to whether the citrus plant, citrus plant |
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product, or citrus substance comes from an area known to be |
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infested; or |
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(3) is located within proximity to a plant infected by |
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a disease dangerous to any agricultural or horticultural product |
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and is determined by the department to likely be infected by that |
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disease, regardless of whether the plant currently exhibits |
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symptoms of the disease. |
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(b) If a citrus plant, citrus plant product, or citrus |
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substance is seized under Subsection (a)(1) [of this section], the |
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department immediately shall notify the owner that the citrus |
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plant, citrus plant product, or citrus substance is a public |
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nuisance and that it must be destroyed, treated, or, if feasible, |
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returned to its point of origin. If a citrus plant, citrus plant |
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product, or citrus substance is seized under Subsection (a)(2) or |
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(3) [of this section], the department immediately shall notify the |
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owner that the citrus plant, citrus plant product, or citrus |
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substance is a public nuisance and must be destroyed or treated. |
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(c) If the owner of a citrus plant, citrus plant product, or |
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citrus substance seized under Subsection (a)(1) or (2) [(a) of this
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section] is unknown to the department, the department shall publish |
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or post notice that, not earlier than the fifth day after the first |
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day on which notice is published or posted, the department may |
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destroy the citrus plant, citrus plant product, or citrus |
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substance. The department shall publish the notice for three |
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consecutive days in a newspaper of general circulation in the |
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county in which the citrus plant, citrus plant product, or citrus |
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substance is located or post the notice in the immediate vicinity of |
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the area in which the citrus plant, citrus plant product, or citrus |
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substance is located. The notice must describe the citrus plant, |
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citrus plant product, or citrus substance seized. If the owner |
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claims the citrus plant, citrus plant product, or citrus substance |
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before the date for destruction set by the notice, the department |
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shall deliver the citrus plant, citrus plant product, or citrus |
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substance to the owner at the owner's expense. If the owner does |
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not claim the citrus plant, citrus plant product, or citrus |
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substance before the date the notice specifies that destruction is |
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permitted, the department may destroy or arrange for the |
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destruction of the citrus plant, citrus plant product, or citrus |
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substance. |
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(e) The owner of a citrus plant, citrus plant product, or |
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citrus substance treated or destroyed under Subsection (a)(1) or |
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(2) by the department under this section is liable to the department |
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for the costs of treatment or destruction, and the department may |
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sue to collect those costs. |
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(e-1) The owner of a citrus plant, citrus plant product, or |
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citrus substance destroyed under Subsection (a)(3) is entitled to |
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compensation from the department for the destruction of the plant, |
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product, or substance. |
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SECTION 4. This Act takes effect September 1, 2007. |