| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to notifications by the Department of Agriculture of |
|
|
certain stop-sale orders applicable to plant products and the |
|
|
seizure or destruction of certain plant products. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 12.0012, Agriculture Code, is amended to |
|
|
read as follows: |
|
|
Sec. 12.0012. NOTIFICATIONS [NOTIFICATION]. (a) The |
|
|
department shall, upon submission for publication, notify the Texas |
|
|
Division of Emergency Management of each quarantine it adopts. The |
|
|
department shall thereafter cooperate with the Texas Division of |
|
|
Emergency Management in implementing any necessary safeguards to |
|
|
protect the state's agricultural resources from potential |
|
|
economic, health, or ecological disaster that may result from the |
|
|
quarantined pest or disease. |
|
|
(b) The department shall notify the governor, lieutenant |
|
|
governor, speaker of the house of representatives, and chairs of |
|
|
the house and senate committees with primary jurisdiction over the |
|
|
department of: |
|
|
(1) a stop-sale order under Section 18.010, 19.011, or |
|
|
71.060 applicable to a plant product; or |
|
|
(2) the seizure or destruction of any plant product |
|
|
authorized by the department. |
|
|
(c) A notification issued under Subsection (b) must be made |
|
|
within 24 hours of the issuance of the order or the action taken by |
|
|
the department and must include: |
|
|
(1) the date and time of the order or action; |
|
|
(2) the location of the plant product barred from |
|
|
sale, seized, or destroyed; |
|
|
(3) the reason for the order or action, including the |
|
|
agency rule and statute used as justification for the order or |
|
|
action; |
|
|
(4) the type and quantity of the plant product barred |
|
|
from sale, seized, or destroyed; |
|
|
(5) if known, the name and contact information of the |
|
|
owner or operator responsible for the plant product; |
|
|
(6) the name and contact information of the inspector |
|
|
or other person responsible for the order or action; and |
|
|
(7) any other information considered relevant by the |
|
|
department. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2023. |