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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance and execution of agriculture warrants; |
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creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 of: |
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(A) physical areas; |
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(B) containers; |
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(C) buildings; or |
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(D) items that are reasonably likely to contain: |
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(i) a plant pest; |
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(ii) a plant disease; or |
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(iii) an infected or potentially infected |
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plant; |
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(2) set a trap for certain plant pests; |
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(3) examine records pertaining to the detection, |
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treatment, purchase, or sale of plants; or |
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(4) test, treat, identify, quarantine, take samples |
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of, seize, or destroy infected or potentially infected 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, only after the department has exercised |
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reasonable efforts to obtain consent to conduct a search, and on |
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application by the department accompanied by a supporting affidavit |
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that establishes probable cause for the issuance of the warrant. |
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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. On request by the department, a sheriff or constable shall |
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accompany and assist the department employee in serving or |
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executing the 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 residential 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 2. This Act takes effect September 1, 2009. |