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INTRODUCED
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HOUSE
COMMITTEE SUBSTITUTE
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SECTION 1. Section 152.001,
Natural Resources Code, is amended.
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SECTION 1.
Same as introduced version.
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SECTION 2. Sections
152.003(1), (2), (3), (6), and (7), Natural Resources Code, are amended to
read as follows:
(1) "Service"
means the Texas A&M Forest Service.
(2) "Forest pests"
means native insects and diseases and nonnative invasive insects,
diseases, and plants that are
harmful, injurious, or destructive to forests or trees and whose
damage, if uncontrolled, is of considerable economic and environmental
importance [, and includes:
[(A) pine bark beetles of
the genera Dendroctonus, Ips, Pissodes, and Hylobius;
[(B) sawflies of the
genus Neodiprion;
[(C) defoliators in the
genera Datana, Malacosoma, Hyphantria, Diapheromera, and Galerucella;
[(D) pine shoot moth of
the genus Rhyacionia;
[(E) wilt of the genus
Chalora; and
[(F) rots of the genera
Fomes and Polyporus].
(3) "Forest land"
means land with at least 10 percent cover by live trees of any size,
including land that formerly had that amount of tree cover and will be
naturally or artificially regenerated [on which the trees are
potentially valuable for timber products, protection of watersheds,
wildlife habitat, recreational uses, or for other purposes, but does not
include land within the incorporated limits of a village, town, or city].
(6) "Infestation"
means actual infestation or infection at conditions beyond normal
proportion causing [abnormal epidemic] loss to forests [present
or future commercial timber supply or both].
(7) "Landowner"
and "owner" mean a person who owns forest land or has forest land
under the person's [his] direction irrespective of ownership.
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SECTION
2. Sections 152.003(1), (2), (3), (6), and (7), Natural Resources Code,
are amended to read as follows:
(1)
"Service" means the Texas A&M Forest Service.
(2)
"Forest pests" means native insects and diseases,
nonnative invasive insects and diseases, and noxious
and invasive plants included on a
list under Section 71.151, Agriculture Code, that are harmful,
injurious, or destructive to forests or trees and whose damage, if
uncontrolled, is of considerable economic and environmental
importance [, and includes:
[(A)
pine bark beetles of the genera Dendroctonus, Ips, Pissodes, and Hylobius;
[(B)
sawflies of the genus Neodiprion;
[(C)
defoliators in the genera Datana, Malacosoma, Hyphantria, Diapheromera, and
Galerucella;
[(D)
pine shoot moth of the genus Rhyacionia;
[(E)
wilt of the genus Chalora; and
[(F)
rots of the genera Fomes and Polyporus].
(3)
"Forest land" means land with at least 10 percent cover by
live trees of any size, including land that formerly had that amount of
tree cover and will be naturally or artificially regenerated [on
which the trees are potentially valuable for timber products, protection of
watersheds, wildlife habitat, recreational uses, or for other purposes, but
does not include land within the incorporated limits of a village, town, or
city].
(6)
"Infestation" means actual infestation or infection at conditions
beyond normal proportion causing [abnormal epidemic] loss to forests
[present or future commercial timber supply or both].
(7)
"Landowner" and "owner" mean a person who owns forest
land or has forest land under the person's [his] direction
irrespective of ownership.
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SECTION 3. The heading to
Subchapter B, Chapter 152, Natural Resources Code, is amended.
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SECTION 3.
Same as introduced version.
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SECTION 4. Section 152.016,
Natural Resources Code, is amended to read as follows:
Sec. 152.016. PROCEDURES FOR
CONTROL. [(a)] As soon as practicable after determining that an infestation exists [the hearing], the service
shall promulgate procedures to be followed for the control of the
infestation [and shall:
[(1) mail a copy to all appearing
at the hearing and to all to whom notices were originally sent; and
[(2)
publish a copy in a newspaper circulated in the affected area in the same
manner as publication of preliminary notice.
[(b) Publication as
provided in Subsection (a) of this section is notice to each landowner and
each tract of land in the affected area on the date of publication].
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SECTION
4. Section 152.016, Natural Resources Code, is amended to read as follows:
Sec.
152.016. PROCEDURES FOR CONTROL. [(a)] As soon as practicable
after the hearing, the service
shall promulgate procedures to be followed for the control of the
infestation and shall[:
[(1)
mail a copy to all appearing at the hearing and to all to whom notices were
originally sent; and
[(2)] publish a copy in a newspaper
circulated in the affected area in the same manner as publication of
preliminary notice.
[(b)
Publication as provided in Subsection (a) of this section is notice to each
landowner and each tract of land in the affected area on the date of publication.]
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SECTION 5. Sections
152.018(a), (b), and (c), Natural Resources Code, are amended to read as
follows:
(a) The service shall notify each [notice required by
Section 152.017 of this code shall inform the] landowner required to
implement control measures of:
(1) the facts found to
exist;
(2) the landowner's [his]
responsibilities for the control measures;
(3) the control technique
recommended;
(4) the law under which
control must be accomplished; and
(5) the authority of the
service in the event the landowner takes no action toward controlling the
pest.
(b) The notice may be given
by:
(1) personal delivery to
[service on] the landowner or [on] the person having control
of the forest land;
(2) registered or certified
mail directed to the landowner or person having control of the forest land
at that person's [his] last known address; or
(3) if the identity or
[person or his] address of the landowner or person having control
of the forest land is unknown:
(A) [,]
publication in one issue of a newspaper of general circulation in the
county in which the land is located; or
(B) posting notice on the
county's Internet website or on a bulletin board at a place convenient to
the public in the county courthouse for the county in which the land is
located.
(c) A published or posted
notice under Subsection (b) must [of this section shall]
include the information specified in Subsection (a) [of this section],
state the name of the owner, if known, and briefly describe the land to
which the notice applies.
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SECTION
5. Sections 152.018(a), (b), and (c), Natural Resources Code, are amended
to read as follows:
(a) The notice required by Section 152.017 [of
this code] shall inform the landowner of:
(1) the
facts found to exist;
(2) the
landowner's [his] responsibilities for the control measures;
(3) the
control technique recommended;
(4) the
law under which control must be accomplished; and
(5) the
authority of the service in the event the landowner takes no action toward
controlling the pest.
(b) The
notice may be given by:
(1)
personal delivery to [service on] the landowner or [on]
the person having control of the forest land;
(2)
registered or certified mail directed to the landowner or person having
control of the forest land at that person's [his] last known
address; or
(3) if
the identity or [person or his] address of the landowner
or person having control of the forest land is unknown:
(A)
[,] publication in one issue of a newspaper of general circulation
in the county in which the land is located; or
(B)
posting notice on the county's Internet website or on a bulletin board at a
place convenient to the public in the county courthouse for the county in
which the land is located.
(c) A
published or posted notice under Subsection (b) must [of
this section shall] include the information specified in Subsection (a)
[of this section], state the name of the owner, if known, and
briefly describe the land to which the notice applies.
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SECTION 6. Section 152.019,
Natural Resources Code, is amended.
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SECTION 6.
Same as introduced version.
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SECTION 7. Section
152.020(a), Natural Resources Code, is amended.
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SECTION 7.
Same as introduced version.
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SECTION 8. Section 152.021,
Natural Resources Code, is amended to read as follows:
Sec. 152.021. CONTROL
MEASURES APPLIED BY [FOREST] SERVICE. If the landowner or
another person fails to apply the pest control measures prescribed by
the service not later than the 10th day after the date [are not
applied by the landowner or any other person within 10 days from the time]
notice is given under Section 152.018, [as provided in this
chapter, exclusive of the date the notice is given, representatives of]
the service may contact the landowner to offer further assistance or may
[shall] enter the land and have the forest pests controlled [or
destroyed].
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SECTION
8. Section 152.021, Natural Resources Code, is amended to read as follows:
Sec.
152.021. CONTROL MEASURES APPLIED BY [FOREST] SERVICE. If the
landowner or another person fails to apply the pest control measures
prescribed by the service not later than the 10th day after the date
[are not applied by the landowner or any other person within 10 days
from the time] notice is given under Section 152.014 or 152.018, [as provided in this chapter,
exclusive of the date the notice is given, representatives of] the
service may contact the landowner to offer further assistance or may
[shall] enter the land and have the forest pests controlled [or
destroyed].
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SECTION 9. Section 152.022,
Natural Resources Code, is amended.
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SECTION 9.
Same as introduced version.
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SECTION 10. Section 152.023,
Natural Resources Code, is amended.
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SECTION
10. Same as introduced version.
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SECTION 11. Section 152.025,
Natural Resources Code, is amended.
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SECTION
11. Same as introduced version.
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SECTION 12. Section 152.061,
Natural Resources Code, is amended.
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SECTION
12. Same as introduced version.
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SECTION 13. Section 152.062,
Natural Resources Code, is amended to read as follows:
Sec. 152.062. DUTY TO APPLY
CONTROL MEASURES. Not later than the 10th day after the date [Within
10 days after] notice is given under [as provided in]
Section [152.014 or]
152.018 [of this code, exclusive of the date the notice is given],
each affected landowner shall commence diligently to take measures to
control the infestation as prescribed and continue this activity with all
practical expedition and efficiency under the direction of the service.
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SECTION
13. Section 152.062, Natural Resources Code, is amended to read as
follows:
Sec.
152.062. DUTY TO APPLY CONTROL MEASURES. Not later than the 10th day
after the date [Within 10 days after] notice is given under
[as provided in] Section 152.014
or 152.018 [of this code, exclusive of the date the notice is
given], each affected landowner shall commence diligently to take
measures to control the infestation as prescribed and continue this
activity with all practical expedition and efficiency under the direction
of the service.
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SECTION 14. Section
152.063(a), Natural Resources Code, is amended.
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SECTION
14. Same as introduced version.
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SECTION 15. Section 152.064,
Natural Resources Code, is amended to read as follows:
Sec. 152.064. NOTIFYING
SERVICE OF FOREST OWNER. If all or part of the standing trees are owned by
someone other than the landowner, either by a present right or by a future
right under the terms of a valid existing contract, the landowner shall
notify the service of that fact and furnish the name and address [names
and addresses] of each [the] forest owner not later
than the 10th day after the date the landowner receives [within 10
days after receiving the] notice from the service under [as
provided for in] Section [152.014
or] 152.018 [of this code].
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SECTION
15. Section 152.064, Natural Resources Code, is amended to read as
follows:
Sec.
152.064. NOTIFYING SERVICE OF FOREST OWNER. If all or part of the
standing trees are owned by someone other than the landowner, either by a
present right or by a future right under the terms of a valid existing
contract, the landowner shall notify the service of that fact and furnish
the name and address [names and addresses] of each [the]
forest owner not later than the 10th day after the date the landowner
receives [within 10 days after receiving the] notice from the
service under [as provided for in] Section 152.014 or 152.018 [of this code].
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SECTION 16. Section 152.105,
Natural Resources Code, is amended.
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SECTION
16. Same as introduced version.
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SECTION 17. Sections
152.003(9), 152.012(c), 152.014,
152.015, and 152.017, Natural Resources Code, are repealed.
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SECTION
17. Section 152.003(9), Natural Resources Code, is repealed.
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SECTION 18. This Act takes effect
September 1, 2017.
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SECTION
18. Same as introduced version.
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