H.B. No. 1949
  relating to the issuance and execution of agriculture warrants;
  creating an offense.
         SECTION 1.  Subchapter A, Chapter 71, Agriculture Code, is
  amended by adding Section 71.0083 to read as follows:
         Sec. 71.0083.  AGRICULTURE WARRANTS. (a) In addition to
  vehicle inspections authorized under Section 71.0081, the
  department may seek an agriculture warrant with respect to a plant
  pest or plant disease identified in the application for the warrant
               (1)  conduct an inspection of:
                     (A)  physical areas;
                     (B)  containers;
                     (C)  buildings; or
                     (D)  items that are reasonably likely to contain:
                           (i)  a plant pest;
                           (ii)  a plant disease; or
                           (iii)  an infected or potentially infected
               (2)  set a trap for certain plant pests;
               (3)  examine records pertaining to the detection,
  treatment, purchase, or sale of plants; or
               (4)  test, treat, identify, quarantine, take samples
  of, seize, or destroy infected or potentially infected plants.
         (b)  An agriculture warrant may be issued only by a
  magistrate authorized to issue a search warrant under Chapter 18,
  Code of Criminal Procedure, only after the department has exercised
  reasonable efforts to obtain consent to conduct a search, and on
  application by the department accompanied by a supporting affidavit
  that establishes probable cause for the issuance of the warrant.
  The warrant must describe:
               (1)  the street address and municipality or the parcel
  number and county of each place or premises subject to the warrant;
               (2)  each type of plant pest or disease that is the
  subject of the warrant.
         (c)  In determining the existence of probable cause for the
  issuance of an agriculture warrant, it shall be sufficient to show
  only that:
               (1)  the place or premises described in the application
  for the warrant are located in an area subject to a quarantine
  established by the department with respect to the plant pest or
  disease that is the subject of the warrant; or
               (2)  there is a reasonable probability the place or
  premises contain a plant pest or disease or are located in an area
  that is reasonably suspected of being infected with a plant pest or
  disease because of its proximity to a known infestation.
         (d)  A single application and affidavit is sufficient for the
  issuance of multiple agriculture warrants if the application for
  the warrant describes the location of each place or premises
  subject to the warrant and all those places or premises are located
  in the same county.
         (e)  The department is entitled to an ex parte hearing on an
  application for an agriculture warrant. The warrant may be served
  and executed by a department employee and shall authorize
  department employees to undertake any action authorized by the
  warrant.  On request by the department, a sheriff or constable shall
  accompany and assist the department employee in serving or
  executing the warrant.
         (f)  At the time the warrant is executed, a copy of the
  warrant shall be:
               (1)  delivered to a person 18 years of age or older who
  is occupying or living in the place or premises subject to the
  warrant; or
               (2)  attached to the place or premises in a conspicuous
         (g)  An agriculture warrant is valid until the 61st day after
  the date the warrant is issued and authorizes multiple executions
  of the warrant before the date the warrant expires. A warrant may
  be renewed or extended by the magistrate who issued the original
  warrant if the magistrate determines there is probable cause for
  the warrant to be reissued or extended. The agriculture warrant
  must be returned to the issuing magistrate before the warrant
         (h)  An agriculture warrant may not:
               (1)  be executed between 7 p.m. and 7 a.m. of the
  following day or on a state holiday;
               (2)  authorize the entry into or inspection of the
  interior of any occupied residential dwelling; or
               (3)  be issued in blank.
         (i)  A person commits an offense if the person intentionally
  interferes with the execution of an agriculture warrant. An
  offense under this subsection is a Class B misdemeanor.
         (j)  This section does not restrict the authority of this
  state or a political subdivision of this state to otherwise conduct
  an inspection with or without a warrant as authorized by other law.
         SECTION 2.  This Act takes effect September 1, 2009.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 1949 was passed by the House on April
  28, 2009, by the following vote:  Yeas 148, Nays 0, 1 present, not
  Chief Clerk of the House   
         I certify that H.B. No. 1949 was passed by the Senate on May
  21, 2009, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
  APPROVED:  _____________________