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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. |
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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) shall establish, |
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based on scientific evidence, when a healthy but suspect citrus |
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plant must be destroyed, and may provide for compensation to an |
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owner of a plant destroyed under this subsection. |
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SECTION 2. 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 department may provide for compensation to an |
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owner of a citrus plant, citrus plant product, or citrus substance |
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destroyed under Subsection (a)(3). |
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SECTION 3. This Act takes effect September 1, 2009. |
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