CHAPTER 71. GENERAL CONTROL
AGRICULTURE CODE
TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL
PRODUCTS
SUBTITLE B. HORTICULTURAL DISEASES AND PESTS
CHAPTER 71. GENERAL CONTROL
SUBCHAPTER A. INSPECTIONS; QUARANTINES; CONTROL AND ERADICATION
ZONES
Sec. 71.001. QUARANTINES AGAINST OUT-OF-STATE DISEASES AND
PESTS. If the department determines that a dangerous insect pest
or plant disease new to and not widely distributed in this state
exists in any area outside the state, the department shall
establish a quarantine against the infested area at the
boundaries of the state or in other areas within the state.
Acts 1981, 67th Leg., p. 1151, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 71.002. QUARANTINES AGAINST IN-STATE DISEASES AND PESTS.
If the department determines that a dangerous insect pest or
plant disease not widely distributed in this state exists within
an area of the state, the department shall quarantine the
infested area.
Acts 1981, 67th Leg., p. 1151, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 71.003. QUARANTINES AROUND PEST-FREE AREAS. (a) If the
department determines that an insect pest or plant disease of
general distribution in this state does not exist in an area, the
department may declare the area pest-free and quarantine
surrounding areas.
(b) Venue for a case arising under this section is in a county
contained in the pest-free area.
Acts 1981, 67th Leg., p. 1151, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 71.004. EMERGENCY QUARANTINES. (a) The department may
establish an emergency quarantine without notice and public
hearing if the department determines that a public emergency
exists in which there is the likelihood of introduction or
dissemination of an insect pest or plant disease that is
dangerous to the interests of horticulture and agriculture in
this state.
(b) The department may establish the emergency quarantine at the
boundaries of the state or in other areas within the state.
(c) The emergency quarantine and rules adopted in order to
prevent the introduction or spread of the pest or disease are
effective immediately on establishment or adoption.
(d) An emergency quarantine shall be established in accordance
with the provisions related to emergency rulemaking in Chapter
2001, Government Code.
Acts 1981, 67th Leg., p. 1151, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 9.15, eff. September 1, 2009.
Sec. 71.005. MOVEMENT OF PLANTS FROM QUARANTINED AREA. (a)
Except as provided by Subsection (b) of this section, the
department shall prevent the movement, from a quarantined area
into an unquarantined area or pest-free area, of any plant, plant
product, or substance capable of disseminating the pest or
disease that is the basis for the quarantine or is not found in
the pest-free area.
(b) A plant, plant product, or substance prohibited from
movement by a quarantine established under Section 71.001,
71.002, or 71.004 of this code may be moved into an unquarantined
area if moved under safeguards considered by the department to be
adequate to prevent the introduction or spread of the pest or
disease into the state or an unquarantined area.
(c) The department may charge a fee, as provided by department
rule, for an inspection required for the movement of plants into
or out of a quarantined area.
Acts 1981, 67th Leg., p. 1152, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec.
9.07, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 419, Sec.
2.26, eff. Sept. 1, 1995.
Sec. 71.006. HEARING. (a) Before quarantining an area under
Section 71.001, 71.002, or 71.003 of this code, the chief
entomologist of the department and, if appointed, one or more
other persons appointed by the commissioner, shall hold a public
hearing in a convenient and accessible place in order to
investigate the pest or disease and determine if the pest or
disease is a menace to a valuable plant or plant product. The
persons conducting the hearing shall take the constitutional oath
of office and may administer oaths to take testimony.
(b) The persons conducting the hearing shall record the
proceedings and make a written report to the department with
findings, and reasons supporting the findings as to:
(1) whether the pest or disease is a menace to an agricultural
or horticultural crop;
(2) whether a quarantine is necessary or desirable; and
(3) if a quarantine is necessary or desirable, the best known
means of controlling or exterminating the pest or disease.
(c) Following receipt of the report under Subsection (b) of this
section, the department may establish the quarantine and adopt
rules as necessary to the protection of the agricultural or
horticultural interests of this state.
Acts 1981, 67th Leg., p. 1152, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 71.007. RULES. (a) In addition to other rules necessary
for the protection of agricultural and horticultural interests,
the department may adopt rules that:
(1) prevent the selling, moving, or transporting of any plant,
plant product, or substance that is found to be infested or found
to be from a quarantined area;
(2) provide for the destruction of trees or fruits;
(3) provide for the cleaning or treatment of orchards;
(4) provide for methods of storage;
(5) prevent entry into a pest-free zone of any plant, plant
product, or substance found to be dangerous to the agricultural
and horticultural interests of the zone;
(6) provide for the maintenance of a host-free period in which
certain fruits are not allowed to ripen;
(7) provide for specific treatment of a grove or orchard or of
infested or infected plants, plant products, or substances; or
(8) provide for a program to manage or eradicate exotic citrus
diseases, including citrus canker and citrus greening.
(b) Rules adopted under Subsection (a)(8) shall establish, based
on scientific evidence, when a healthy but suspect citrus plant
must be destroyed, and may provide for compensation to an owner
of a plant destroyed under this subsection.
Acts 1981, 67th Leg., p. 1152, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1981, 67th Leg., 1st C.S., p. 242, ch. 22,
art. II, Sec. 2, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1050, Sec. 1, eff. September 1, 2009.
Sec. 71.008. CONTROL OR ERADICATION ZONE. (a) On request of
the commissioners court of any county, the department shall
investigate whether a certain insect pest or plant disease exists
in the county. Based on that investigation, the department shall
make a written report to the commissioners court stating:
(1) the nature of the infestation, if any;
(2) the best known method of controlling or eradicating the pest
or disease;
(3) the treatment or method necessary to be applied in each
case; and
(4) a detailed description of the method of making, procuring,
and applying the recommended preparation or treatment and the
time and duration of the treatment.
(b) After receiving the report of the department, the
commissioners court may conduct a public hearing on the report.
The commissioners court may publish the text of the report and
notice of the hearing for two consecutive weeks in a newspaper of
general circulation in each area under consideration. The
commissioners court shall hold the hearing not less than 15 days
after the first day of published notice. Any interested person is
entitled to be heard at the hearing.
(c) After the hearing, the commissioners court shall make a
written report of its conclusions to the department. If the
commissioners court approves the recommendations of the
department and determines that the recommended measures should be
applied in the area under consideration, the commissioners court
by order entered in its minutes shall request that the department
establish a control zone or an eradication zone in each
applicable area.
(d) If requested to establish a control or eradication zone
under Subsection (c) of this section, the department shall issue
a proclamation designating the appropriate area a control zone or
an eradication zone, as applicable, and shall adopt rules
governing the control or eradication of the pest or disease
within the zone. No person may commit an act prohibited by the
rules or refuse to perform an act as required by the rules.
(e) A commissioners court may appropriate funds from the general
revenue of the county and employ aid as necessary to carry out
this section.
(f) This section does not restrict the department's authority to
establish on its own initiative an eradication program within a
quarantined area to protect the state's agricultural resources.
Acts 1981, 67th Leg., p. 1153, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 2003, 78th Leg., ch. 369, Sec. 7, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1107, Sec. 2, eff. June
20, 2003.
Sec. 71.0081. VEHICLE INSPECTIONS FOR INSECT PESTS OR PLANT
DISEASES. (a) If the department establishes a quarantine or,
without establishing a quarantine, determines that there is a
likelihood of introduction or dissemination of an insect pest or
plant disease that is dangerous to the interests of horticulture
or agriculture in this state, the department may stop and inspect
vehicles entering this state or moving within this state to
determine if the vehicle contains a plant, plant product, or
other substance capable of introducing or disseminating the pest
or disease.
(b) The department may conduct inspections under this section on
a continual or periodic basis, as the commissioner determines is
necessary or effective.
(c) The department may establish checkpoints to carry out the
purposes of this subchapter at entry points to the state or along
any public road in the state and construct permanent road
stations at the checkpoints in cooperation with other state
agencies.
(c-1) The department may enter into an agreement with a
corporation or other private entity to provide goods or services
for the establishment and operation of checkpoints or the
performance of inspections under this section.
(d) The department may adopt rules necessary to the conduct of
inspections under this section.
Added by Acts 1981, 67th Leg., 1st C.S., p. 242, ch. 22, art. II,
Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch.
1236, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2005, 79th Leg., Ch.
1337, Sec. 2, eff. June 18, 2005.
Sec. 71.0082. INSPECTIONS FOR CERTAIN PESTS AND DISEASES. (a)
In addition to vehicle inspections authorized under Section
71.0081, the department and the Texas Animal Health Commission,
under the direction of the department, shall jointly conduct road
station and interstate shipment inspections as feasible at
strategic points throughout this state and as determined to be
appropriate by the department and the Texas Animal Health
Commission, taking into consideration the significance of plant
and animal inspections in proactively protecting this state's
borders.
(b) The department may enter into an agreement with a
corporation or other private entity to provide goods or services
for the establishment and operation of checkpoints or the
performance of inspections under this section.
Added by Acts 2005, 79th Leg., Ch.
1337, Sec. 3, eff. June 18, 2005.
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 to:
(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 plant;
(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; and
(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 location.
(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
expires.
(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.
Added by Acts 2009, 81st Leg., R.S., Ch.
411, Sec. 1, eff. September 1, 2009.
Sec. 71.009. SEIZURE, TREATMENT, AND DESTRUCTION OF PLANTS,
PLANT PRODUCTS, AND OTHER SUBSTANCES. (a) The department shall
seize any plant, plant product, or substance that it determines:
(1) is transported or carried from a quarantined area in
violation of a quarantine order; or
(2) is moved into or within this state and is infested with an
insect pest or infected with a disease dangerous to any
agricultural or horticultural product, whether or not the plant,
product, or substance comes from an area known to be infested.
(b) If a plant, plant product, or substance is seized under
Subsection (a)(1) of this section, the department shall
immediately notify the owner that the plant, product, or
substance is a public menace and that it must be destroyed,
treated, or, if feasible, returned to the point of origin. If a
plant, product, or substance is seized under Subsection (a)(2) of
this section, the department shall immediately notify the owner
that the plant, product, or substance is a public menace and that
it must be destroyed or treated.
(c) If the owner of a plant, plant product, or substance seized
under Subsection (a) of this section is unknown to the
department, the department shall publish notice that, after a
date not less than 10 days after the first day of publication,
the department will destroy the plant, product, or substance. The
department shall publish the notice for two consecutive weeks in
a newspaper of general circulation in the county where the plant,
product, or substance is found. The notice must describe the
article seized. If the owner claims the article before the date
for destruction set by the notice, the department shall deliver
the article to the owner at the owner's expense. If the owner
does not claim the article within the allotted time, the
department may destroy the article or have it destroyed.
(d) If the owner of a fruit tree or fruit condemned by the
department under this subchapter fails or refuses to destroy the
tree or fruit immediately after being instructed to do so by the
department, the department shall abate the nuisance and
immediately destroy the tree or fruit or otherwise render the
tree or fruit not a nuisance. In enforcing this subsection, the
department shall call on the sheriff of the county in which the
tree or fruit is located, and the sheriff shall cooperate with
the department and render all assistance considered necessary by
the person seeking to destroy the tree or fruit.
(e) The owner of a plant, plant product, or substance treated or
destroyed by the department under this section is liable to the
department for the costs of treatment or destruction, and the
department may sue to collect those costs.
(f) This section does not apply to a citrus plant, citrus plant
product, or other citrus substance.
Acts 1981, 67th Leg., p. 1153, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1981, 67th Leg., 1st C.S., p. 242, ch. 22,
art. II, Sec. 3, eff. Sept. 1, 1981; Acts 1993, 73rd Leg., ch.
230, Sec. 2, eff. May 20, 1993.
Sec. 71.0091. SEIZURE, TREATMENT, AND DESTRUCTION OF A CITRUS
PLANT, CITRUS PLANT PRODUCT, OR CITRUS SUBSTANCE. (a) The
department may seize a citrus plant, citrus plant product, or
citrus substance that the department determines:
(1) is transported or carried from a quarantined area in
violation of a quarantine order;
(2) is infected with a disease or insect pest dangerous to a
citrus plant, citrus plant product, or citrus substance, without
regard to whether the citrus plant, citrus plant product, or
citrus substance comes from an area known to be infested; or
(3) is located within proximity to a plant infected by a disease
dangerous to any agricultural or horticultural product and is
determined by the department to likely be infected by that
disease, regardless of whether the plant currently exhibits
symptoms of the disease.
(b) If a citrus plant, citrus plant product, or citrus substance
is seized under Subsection (a)(1), the department immediately
shall notify the owner that the citrus plant, citrus plant
product, or citrus substance is a public nuisance and that it
must be destroyed, treated, or, if feasible, returned to its
point of origin. If a citrus plant, citrus plant product, or
citrus substance is seized under Subsection (a)(2) or (3), the
department immediately shall notify the owner that the citrus
plant, citrus plant product, or citrus substance is a public
nuisance and must be destroyed or treated.
(c) If the owner of a citrus plant, citrus plant product, or
citrus substance seized under Subsection (a)(1) or (2) is unknown
to the department, the department shall publish or post notice
that, not earlier than the fifth day after the first day on which
notice is published or posted, the department may destroy the
citrus plant, citrus plant product, or citrus substance. The
department shall publish the notice for three consecutive days in
a newspaper of general circulation in the county in which the
citrus plant, citrus plant product, or citrus substance is
located or post the notice in the immediate vicinity of the area
in which the citrus plant, citrus plant product, or citrus
substance is located. The notice must describe the citrus plant,
citrus plant product, or citrus substance seized. If the owner
claims the citrus plant, citrus plant product, or citrus
substance before the date for destruction set by the notice, the
department shall deliver the citrus plant, citrus plant product,
or citrus substance to the owner at the owner's expense. If the
owner does not claim the citrus plant, citrus plant product, or
citrus substance before the date the notice specifies that
destruction is permitted, the department may destroy or arrange
for the destruction of the citrus plant, citrus plant product, or
citrus substance.
(d) If the owner of a citrus plant, citrus plant product, or
citrus substance seized by the department under this section
fails or refuses to treat or destroy the citrus plant, citrus
plant product, or citrus substance immediately after being
instructed to do so by the department, the department may abate
the nuisance by destroying the citrus plant, citrus plant
product, or citrus substance or may otherwise treat the citrus
plant, citrus plant product, or citrus substance so that it is no
longer a nuisance. In enforcing this subsection, the department
may call on the sheriff of the county in which the citrus plant,
citrus plant product, or citrus substance is located, and the
sheriff shall cooperate with the department and provide
assistance necessary to abate the nuisance.
(e) The owner of a citrus plant, citrus plant product, or citrus
substance treated or destroyed under Subsection (a)(1) or (2) by
the department under this section is liable to the department for
the costs of treatment or destruction, and the department may sue
to collect those costs.
(e-1) The department may provide for compensation to an owner of
a citrus plant, citrus plant product, or citrus substance
destroyed under Subsection (a)(3).
(f) The department may enter into an agreement with a private
entity to obtain assistance in defraying the cost of implementing
this section.
Added by Acts 1993, 73rd Leg., ch. 230, Sec. 1, eff. May 20,
1993. Amended by Acts 1997, 75th Leg., ch. 211, Sec. 4, eff.
Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1050, Sec. 2, eff. September 1, 2009.
Sec. 71.0092. SEIZURE, TREATMENT, HANDLING, AND DESTRUCTION OF
CERTAIN MATERIALS WITHIN QUARANTINED AREA. (a) In this section,
"quarantined article" means:
(1) a plant, plant product, substance, or other item capable of
hosting or facilitating the dissemination of an insect pest or
plant disease that is the subject of a quarantine established by
the department under this subchapter; or
(2) a motor vehicle, railcar, other conveyance, or equipment
used for, or intended for use in, the transportation or
production of an item described by Subdivision (1).
(b) The department by rule may establish treatment and handling
requirements for a quarantined article found within a quarantined
area. The requirements must be designed to:
(1) prevent dissemination of a dangerous insect pest or plant
disease outside the quarantined area or into a pest-free area in
the state;
(2) prevent infestation of a quarantined article by a dangerous
insect pest or plant disease that is subject to a quarantine
established by the department under this subchapter;
(3) decrease the occurrence in this state or a quarantined area
of this state of a dangerous insect pest or plant disease that is
subject to a quarantine established by the department under this
subchapter; or
(4) facilitate the eradication of a dangerous insect pest or
plant disease that is subject to a quarantine established by the
department under this subchapter.
(c) A person in possession or control of a quarantined article
located in a quarantined area shall comply with department rules
and orders regarding treatment and handling of the quarantined
article.
(d) If a person in possession or control of a quarantined
article located in a quarantined area fails to comply with a
department rule or order under this section, the department may
at the expense of the person or of the owner of the article:
(1) seize the quarantined article and, subject to available
department resources and Section 71.010:
(A) isolate the article in a manner designed to prevent the
dissemination of the dangerous insect pest or plant disease until
the article no longer represents a danger of dissemination or
until the person agrees to comply with the rule or order;
(B) treat the article to eliminate the danger of dissemination
of the dangerous insect pest or plant disease; or
(C) destroy the article; or
(2) seek an injunction from a district court in Travis County
ordering the person to:
(A) comply with the department's rule or order; or
(B) surrender possession of the quarantined article to the
department for disposition under Subdivision (1).
(e) If the owner of a quarantined article seized under this
section is unknown to the department, the department shall
publish notice that not earlier than the fifth day after the date
on which the notice is published or posted the department may
destroy, treat, or isolate the quarantined article at the owner's
expense. The department must publish the notice for three
consecutive days in a newspaper of general circulation in the
county in which the quarantined article was seized. The notice
must include a description of the quarantined article. If an
owner claims the quarantined article before the date described by
the notice and agrees in writing to treat or handle the article
in a manner provided by department rule or order, the department
shall deliver the quarantined article to the owner at the owner's
expense. If an owner does not claim the quarantined article
before the date described by the notice, the department may
destroy or arrange for the destruction of the quarantined article
or continue to isolate or treat the quarantined article at the
owner's expense. If an owner refuses to agree in writing to
comply with the department's rule or order regarding treatment or
handling of a quarantined article, the department may destroy or
arrange for the destruction of the quarantined article or
continue to isolate or treat the quarantined article at the
owner's expense, subject to Section 71.010.
(f) In enforcing this section, the department may seek the
assistance of the Department of Public Safety under Section
71.0101, or any law enforcement officer of the county in which
the quarantined article is located. The Department of Public
Safety or local law enforcement officer shall cooperate with the
department and provide any assistance necessary to implement this
section.
(g) The owner of a quarantined article treated, isolated, or
destroyed by the department under this section is liable to the
department for the costs of treatment, isolation, and
destruction, and the department may bring suit to collect the
costs.
(h) The attorney general is entitled to court costs and
reasonable attorney's fees in any suit brought on behalf of the
department under this section, including any suit for an
injunction.
(i) The department may enter into an agreement with a public or
private entity to obtain assistance in defraying the cost of
implementing this section.
Added by Acts 2003, 78th Leg., ch. 369, Sec. 8, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1107, Sec. 3, eff. June 20, 2003.
Sec. 71.010. APPEALS. (a) A person who is aggrieved and will
be injured by a quarantine or whose property is to be destroyed
by order of the department is entitled to appeal to the district
court of any county in which the quarantine or order is
established or issued. In order to appeal, the person must give
written notice of appeal to the department not later than the
10th day following the date of the order or proclamation. The
notice must name the district court in which the application is
filed.
(b) Immediately after receipt of a notice of appeal, the
department shall make a certified copy of the order or
proclamation and transmit it to the district court named in the
notice.
(c) On receipt of the application for appeal and copy of the
order or proclamation, the clerk of the court shall docket the
cause on the civil docket in the style: "__________________,
Commissioner of Agriculture vs. __________________, defendant."
The suit shall be tried in the manner provided for the trial of
civil cases. The judgment of the court on final hearing shall be
"that the orders and proclamations of the commissioner be
approved and enforced" or "that said orders and proclamations be
and are vacated and held for naught," as the court may determine.
Acts 1981, 67th Leg., p. 1154, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1997, 75th Leg., ch. 211, Sec. 5, eff.
Sept. 1, 1997.
Sec. 71.0101. DEPARTMENT OF PUBLIC SAFETY TO COOPERATE. The
Department of Public Safety shall cooperate with the department
in conducting inspections and enforcing the provisions of this
subchapter.
Added by Acts 1981, 67th Leg., 1st C.S., p. 243, ch. 22, art. II,
Sec. 5, eff. Sept. 1, 1981.
Sec. 71.011. PROTECTION OF CARRIER FROM DAMAGES. A carrier,
including a railway, steamship, motorboat, bus, or truck, is not
liable to a consignor or consignee for damages for refusing to
receive and transport, or refusing to deliver across or into an
area protected by a quarantine, any fruit, plant, shrub, or other
carrier of an insect pest or plant disease in violation of an
order or rule of the department under this subchapter.
Acts 1981, 67th Leg., p. 1154, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1981, 67th Leg., 1st C.S., p. 243, ch. 22,
art. II, Sec. 4, eff. Sept. 1, 1981.
Sec. 71.012. CIVIL PENALTY; INJUNCTION. (a) A person who
violates this subchapter or a rule adopted under this subchapter
is liable to the state for a civil penalty of not less than $250
nor more than $10,000 for each violation. Each day a violation
continues may be considered a separate violation for purposes of
a civil penalty assessment.
(b) On request of the department, the attorney general or the
county attorney or district attorney of the county in which the
violation is alleged to have occurred shall file suit to collect
the penalty.
(c) A civil penalty collected under this section shall be
deposited in the state treasury to the credit of the General
Revenue Fund. All civil penalties recovered in suits first
instituted by a local government or governments under this
section shall be equally divided between the State of Texas and
the local government or governments with 50 percent of the
recovery to be paid to the General Revenue Fund and the other 50
percent equally to the local government or governments first
instituting the suit.
(d) The department is entitled to appropriate injunctive relief
to prevent or abate a violation of this subchapter or a rule
adopted under this subchapter. On request of the department, the
attorney general or the county or district attorney of the county
in which the alleged violation is threatened or is occurring
shall file suit for the injunctive relief. Venue is in the county
in which the alleged violation is threatened or is occurring.
Acts 1981, 67th Leg., p. 1155, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1981, 67th Leg., 1st C.S., p. 244, ch. 22,
art. II, Sec. 6, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch.
230, Sec. 44, eff. Sept. 1, 1989.
Sec. 71.013. CRIMINAL PENALTIES. (a) A person commits an
offense if, in violation of a rule adopted under Section 71.007
or 71.0081 of this code, the person:
(1) sells, carries, or transports a plant, plant product, or
substance that is found to be infested or infected or found to be
from a quarantined area;
(2) sells, carries, or transports a plant, plant product, or
substance into a pest-free zone;
(3) maintains ripening fruit during the host-free period on any
tree declared to be a nuisance in the quarantine order;
(4) fails or refuses to administer the treatment provided for,
including specific methods of spraying, removal of diseased
parts, removal and destruction of fallen or culled fruits, or
removal of weeds or plants that may be hosts or carriers of
insect pests or plant diseases; or
(5) fails to store products in the manner required.
(b) An offense under this section is a Class C misdemeanor.
(c) A person commits a separate offense for each plant or plant
product sold or transported.
(d) An offense under this section may be prosecuted in any
county in which the violation occurs.
Acts 1981, 67th Leg., p. 1155, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1981, 67th Leg., 1st C.S., p. 244, ch. 22,
art. II, Sec. 7, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch.
230, Sec. 45, eff. Sept. 1, 1989.
SUBCHAPTER B. INSPECTION OF NURSERY PRODUCTS AND FLORIST ITEMS
Sec. 71.041. DEFINITIONS. In this subchapter:
(1) "Florist" means a person who maintains, grows, raises, or
buys and offers for sale or lease for profit florist items.
(2) "Florist item" means a cut flower, potted plant, blooming
plant, inside foliage plant, bedding plant, corsage flower, cut
foliage, floral decoration, or live decorative material.
(3) "Nursery product" includes a tree, shrub, vine, cutting,
graft, scion, grass, bulb, or bud that is grown for, kept for, or
is capable of, propagation and distribution for sale or lease.
(4) "Nursery grower" means a person who grows more than 50
percent of the nursery products or florist items that the person
either sells or leases, regardless of the variety sold, leased,
or grown.
(5) "Nursery stock weather protection unit" means a plant cover
consisting of a series of removable, portable metal hoops,
covered by nonreusable plastic sheeting, shade cloth, or other
similar removable material, used exclusively for protecting
nursery products from weather elements. A nursery stock weather
protection unit is an implement of husbandry for all purposes,
including Article VIII, Section 19a, of the Texas Constitution.
Acts 1981, 67th Leg., p. 1155, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 46, eff.
Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 102, Sec. 1, eff. Jan.
1, 1994; Acts 2001, 77th Leg., ch. 52, Sec. 10, eff. May 7, 2001.
Sec. 71.042. DUTY OF DEPARTMENT; RULES. The department shall
enforce this subchapter and may adopt rules as necessary for the
immunity and protection of plants from diseases and insect pests,
including rules that:
(1) regulate the traffic, growing, shipping, selling, and
leasing of nursery products;
(2) provide for the inspection and control of florist items; and
(3) relate to city, private, or public parks, or shade trees,
shrubbery, and ornamentals along city streets or property or on
city residences.
Acts 1981, 67th Leg., p. 1156, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 47, eff.
Sept. 1, 1989.
Sec. 71.043. ANNUAL REGISTRATION. (a) A florist or nursery
owner must register with the department under this section each
nursery, greenhouse, orchard, garden, or other place growing for
sale or lease, offering for sale or lease, or otherwise
distributing a florist item or nursery product.
(b) A florist or nursery owner may apply for registration or
renewal of registration by submitting an application prescribed
by the department and an annual fee. The fee shall be the sum
of:
(1) an amount based on the size and type of a location, as
defined by department rule, where a florist or nursery owner
grows for sale or lease or offers for sale or lease a florist
item or nursery product; and
(2) an optional additional amount equal to 15 percent of the
amount described by Subdivision (1), to fund the Texas nursery
and floral account.
(b-1) The department shall allow an applicant to elect whether
to pay the amount described by Subsection (b)(2). An applicant
is not required to pay that amount to apply for or renew
registration.
(c) Registrations under this section expire one year after
issuance. A person who fails to submit a renewal fee on or before
the expiration date of the registration must pay, in addition to
the renewal fee, the late fee provided by Section 12.024 of this
code.
(d) Upon receipt of the correct annual registration fee, the
department shall issue a registration certificate for each
location a florist or nursery owner has registered.
(e) A person may not offer for sale or lease a nursery product
or florist item without a registration certificate issued under
this section.
Acts 1981, 67th Leg., p. 1156, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 48, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 419, Sec. 2.27, eff.
Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
960, Sec. 2, eff. June 19, 2009.
Sec. 71.044. INSPECTION. (a) At least once every three years
the department shall inspect each nursery, greenhouse, orchard,
garden, florist, nursery stock weather protection unit, or other
place growing for sale or lease or offering for sale or lease a
nursery product, florist item, or other item of plant life in
order to determine if the product, item, or premises are infected
with a disease or insect pest injurious to human, animal, or
plant life.
(b) The department shall perform additional inspections to the
extent necessary to ensure compliance with this subchapter and
quarantine agreements with the federal government and other state
governments.
(c) A department inspector may examine invoices or other
documents relating to the shipping and receiving of
nursery/floral products for the purpose of determining the
origin, transit, and chain of custody of nursery/floral items
found to be:
(1) infested with pests or infected with plant disease; or
(2) shipped in violation of state or federal quarantine laws,
regulations, or agreements.
(d) This section does not apply to a physical location
maintained by a registrant under Section 71.043 who does not
maintain an inventory of nursery products or florist items at the
location.
Acts 1981, 67th Leg., p. 1156, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 49, eff.
Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 102, Sec. 2, eff. Jan.
1, 1994; Acts 2001, 77th Leg., ch. 52, Sec. 11, eff. May 7, 2001.
Sec. 71.046. TREATMENT OR DESTRUCTION OF DISEASED OR INFESTED
PLANTS OR PREMISES. (a) If the department determines that any
nursery product, florist item, or premises are diseased or pest
infested, the department shall take action necessary to abate the
nuisance and protect the public health and welfare. If the
department determines that the diseased or infested product,
item, or premises should be treated or destroyed, the department
shall give written notice to the owner, manager, or person in
control of the product, item, or premises.
(b) The department shall deliver the notice under Subsection (a)
of this section in person or by registered or certified mail to
the last known address of the person to whom the notice is
directed. The notice shall be in a form prescribed by the
department and signed by the commissioner or the commissioner's
designee. The notice must:
(1) name the product, item, or premises to be treated or
destroyed;
(2) give a brief statement of the facts found to exist; and
(3) give a brief statement of the reasons necessitating
treatment or destruction of the product, item, or premises.
(c) Before the 11th day following the day on which notice is
received, the person receiving the notice shall remove, destroy,
or treat the product, item, or premises as directed by the
department.
(d) For the purposes of enforcing this section, the department
is entitled to enter on any premises in order to inspect, treat,
or destroy any diseased or pest infested nursery product, florist
item, or premises.
(e) The department is not liable for damages resulting from the
exercise of duties under this section.
Acts 1981, 67th Leg., p. 1156, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 71.047. EXPENSE OF TREATMENT. (a) The owner, manager, or
person in charge of the nursery product, florist item, or
premises is liable for all expenses of treatment or destruction
under Section 71.046 of this code.
(b) The department or the county attorney of the county in which
the premises are located may sue to recover expenses under
Subsection (a) of this section. If successful, the department or
county attorney is entitled to an award of all costs of suit,
including attorney's fees.
Acts 1981, 67th Leg., p. 1157, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 71.048. APPEAL OF NOTICE OR ORDER. (a) A person who is
aggrieved by an order or notice of the department or whose
property is to be destroyed under an order or notice is entitled
to appeal to a district court of Travis County or to a district
court of the county in which the order or notice affects the
person.
(b) In order to perfect an appeal under this section, the person
must file suit before the 11th day following the day on which the
person received the notice or order.
(c) A court may hear and determine an appeal under this section
during term or vacation.
Acts 1981, 67th Leg., p. 1157, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 71.049. ENFORCEMENT OF NOTICE OR ORDER. (a) If the court
decides against the appealing party under Section 71.048 of this
code or if a party fails to perfect an appeal, the notice or
order is final and the department shall enforce the notice or
order and place the subject premises in compliance.
(b) On request of the department, a sheriff or constable shall
accompany and assist the department in enforcement of the notice.
Acts 1981, 67th Leg., p. 1157, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 71.050. CERTIFICATE TO ACCOMPANY SHIPMENT. (a) Nursery
products or florist items offered for sale or lease, consigned
for shipment, or shipped by freight, express, or other means of
transportation shall be accompanied by a copy of the certificate
of inspection issued by the department when required by foreign
countries or other states for agricultural products exported from
this state.
(b) A copy of the certificate of inspection shall be attached to
each car, box, bale, package, or item. If the car, box, bale,
package, or item is delivered to more than one person, each
portion shall also bear a copy of the certificate.
Acts 1981, 67th Leg., p. 1157, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 51, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 419, Sec. 2.28, eff.
Sept. 1, 1995.
Sec. 71.051. IMPORTATION CERTIFICATES. (a) Except as otherwise
provided by department rule, a person may not ship a nursery
product or florist item into this state without first obtaining a
certificate of inspection issued by the proper authority of the
state from which the shipment originates.
(b) A certificate of inspection from another state must show:
(1) that the nursery product or florist item shipped has been
examined by the inspection officers of the originating state;
(2) that the nursery product or florist item is apparently free
from dangerous insect pests or contagious diseases; and
(3) if the department requires fumigation or other special
treatment, that the nursery product or florist item has been
properly fumigated or treated.
(c) Except as otherwise provided by department rule, each car,
box, bale, or package of a nursery product or florist item
shipped into this state shall bear a tag printed with a copy of
the certificate of inspection from the originating state.
Acts 1981, 67th Leg., p. 1157, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.29, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 196, Sec. 4, eff. Sept.
1, 2003.
Sec. 71.053. INSPECTION OF SHIPMENTS. (a) The department shall
inspect shipments of nursery products or florist items in this
state to determine if the shipments are accompanied by the tags
and certificates required by this subchapter and are free of
pests or plant diseases.
(b) If the department finds that a shipment of a nursery product
or florist item is diseased or pest-infested, the department
shall take action necessary to abate the nuisance and protect the
public health and welfare as provided in Section 71.046 of this
subchapter.
(c) If the department finds that a shipment of a nursery product
or florist item is not accompanied by a required tag or
certificate, the department shall treat the shipment as infected
and may destroy or dispose of the shipment as provided in Section
71.046 of this subchapter.
Acts 1981, 67th Leg., p. 1158, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 53, eff.
Sept. 1, 1989.
Sec. 71.054. PROTECTION OF CARRIERS FROM LIABILITY; REPORTING OF
UNLAWFUL SHIPMENTS. (a) A transportation company or common
carrier is not liable for damages to a consignee or consignor for
refusing to receive for transportation or refusing to deliver a
shipment of a nursery product or florist item that is not
accompanied by a tag or certificate required under this
subchapter.
(b) A transportation company or common carrier shall immediately
report to the department any shipment not accompanied by a tag or
certificate required under this subchapter.
Acts 1981, 67th Leg., p. 1158, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 71.055. REVOCATION OF CERTIFICATE. The department may
revoke a certificate issued under this subchapter if it finds
that the person to whom the certificate was issued:
(1) made a false representation; or
(2) violated or refused to comply with this subchapter or a rule
or instruction of the department under this subchapter.
Acts 1981, 67th Leg., p. 1159, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 50, eff.
Sept. 1, 1989.
Sec. 71.056. INSPECTION FEES. (a) The department shall fix by
rule and collect a fee for inspection of nursery products or
florist items when the inspection is required by foreign
countries or other states for nursery products or florist items
exported from this state.
(b) The department shall account for fees collected under this
section in the manner and method prescribed by the comptroller.
Acts 1981, 67th Leg., p. 1159, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 239, Sec. 62, eff.
Sept. 1, 1985; Acts 1989, 71st Leg., ch. 230, Sec. 54, eff. Sept.
1, 1989; Acts 1989, 71st Leg., ch. 584, Sec. 116, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 419, Sec. 2.30, eff. Sept. 1,
1995.
Sec. 71.057. NURSERY DEALERS AND AGENTS; ANNUAL REGISTRATION.
(a) A person who buys and sells or leases or offers for sale or
lease a nursery product and who has facilities that maintain or
preserve the nursery product and prevent that product from
becoming dry, infested, or diseased is a nursery dealer.
(b) A person is a nursery agent if the person sells or leases,
offers for sale or lease, or takes mail orders for the sale or
lease of a nursery product and:
(1) is entirely under the control of a nursery grower or nursery
dealer with whom the nursery product offered for sale or lease
originates; or
(2) operates on a cooperative basis for handling a nursery
product with a nursery grower or nursery dealer.
(c) A nursery agent shall possess proper credentials from the
nursery grower or nursery dealer the agent represents or
cooperates with. A nursery agent who fails to possess proper
credentials is subject to this subchapter as a nursery dealer.
(d) A nursery dealer or nursery agent must register with the
department under this section before offering for sale or lease
or otherwise distributing a nursery product.
(e) A nursery dealer or nursery agent may apply for registration
or renewal of registration by submitting an application
prescribed by the department and an annual fee. The fee shall be
the sum of:
(1) an amount based on the size and type of a location, as
defined by department rule, where a nursery dealer or nursery
agent offers a nursery product for sale or lease; and
(2) an optional additional amount equal to 15 percent of the
amount described by Subdivision (1), to fund the Texas nursery
and floral account.
(e-1) The department shall allow an applicant to elect whether
to pay the amount described by Subsection (e)(2). An applicant
is not required to pay that amount to apply for or renew
registration.
(f) Registrations under this section expire one year after
issuance. A person who fails to submit a renewal fee on or before
the expiration date of the registration must pay, in addition to
the renewal fee, the late fee provided by Section 12.024 of this
code.
(g) Upon receipt of the correct annual registration fee, the
department shall issue a registration certificate for each
location a florist or nursery owner has registered.
Acts 1981, 67th Leg., p. 1159, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 55, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 419, Sec. 2.31, eff.
Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
960, Sec. 3, eff. June 19, 2009.
Sec. 71.058. PENALTIES. (a) A person commits an offense if the
person wilfully or negligently:
(1) violates a provision of this subchapter; or
(2) fails or refuses to comply with a notice, order, or rule of
the department under this subchapter.
(b) An offense under Subsection (a) of this section is a Class C
misdemeanor.
(c) Each day that a person maintains premises in a condition not
in compliance with this subchapter after receiving notice by
registered or certified mail under Section 71.046 of this code is
a separate offense.
(d) Repealed by Acts 2001, 77th Leg., ch. 52, Sec. 1.
Acts 1981, 67th Leg., p. 1159, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 56, eff.
Sept. 1, 1989; Acts 2001, 77th Leg., ch. 52, Sec. 14(1), eff. May
7, 2001.
Sec. 71.059. CIVIL PENALTY; INJUNCTION. (a) A person who
violates this subchapter or a rule adopted under this subchapter
is liable to the state for a civil penalty of not less than $50
nor more than $1,000 for each violation. Each day a violation
continues may be considered a separate violation for purposes of
a civil penalty assessment.
(b) On request of the department, the attorney general or the
county attorney or district attorney of the county in which the
violation is alleged to have occurred shall file suit to collect
the penalty.
(c) A civil penalty collected under this section shall be
deposited in the state treasury to the credit of the General
Revenue Fund. All civil penalties recovered in suits first
instituted by a local government or governments under this
section shall be equally divided between the State of Texas and
the local government or governments with 50 percent of the
recovery to be paid to the General Revenue Fund and the other 50
percent equally to the local government or governments first
instituting the suit.
(d) The department is entitled to appropriate injunctive relief
to prevent or abate a violation of this subchapter or a rule
adopted under this subchapter. On request of the department, the
attorney general or the county or district attorney of the county
in which the alleged violation is threatened or is occurring
shall file suit for the injunctive relief. Venue is in the county
in which the alleged violation is threatened or is occurring.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 57, eff. Sept. 1,
1989.
Sec. 71.060. STOP-SALE ORDER. (a) If the department has reason
to believe that a florist item or nursery product is in violation
of this subchapter or a rule adopted under this subchapter, the
department may issue and enforce a written order to stop the sale
of the florist item or nursery product. The department shall
present the order to the owner or the person in control of the
florist item or nursery product. The person who receives the
order may not sell the florist item or nursery product until
discharged by a court under Subsection (b) of this section or
until the department determines that the florist item or nursery
product is in compliance with this subchapter and the rules
adopted under this subchapter.
(b) The owner or the person in control of any florist item or
nursery product prohibited from sale by an order of the
department is entitled to sue in a court of competent
jurisdiction where the florist item or nursery product is found
for a judgment as to the justification of the order and for the
discharge of the florist item or nursery product from the order
in accordance with the findings of the court.
(c) This section does not limit the right of the department to
proceed as authorized by another section of this subchapter.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 58, eff. Sept. 1,
1989.
SUBCHAPTER C. INSPECTION OF VEGETABLE PLANTS
Sec. 71.101. DUTY OF DEPARTMENT; RULES. The department shall
enforce this subchapter and may appoint inspectors and adopt
rules necessary for that enforcement.
Acts 1981, 67th Leg., p. 1160, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 71.102. FIELD INSPECTION. The department shall conduct
field inspections of vegetable plants and certify those plants
prior to the preparation for shipment in order to provide the
purchaser of the plants with an honest and reliable opinion on
the freedom of the plants from disease and fungus infection and
insect infestation and to ensure the proper packaging and
handling of certified plants.
Acts 1981, 67th Leg., p. 1160, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 71.103. INSPECTION CERTIFICATE. (a) Except as provided by
Subsection (b) of this section, if the department determines
following field inspection that the vegetable plants inspected
are apparently free of injurious pests and of the diseases and
insects listed in Sections 71.104-71.109 of this code, as
applicable, the department shall issue a certificate tag or stamp
for those plants. Plants certified under this section shall be
known as "state certified plants."
(b) In addition to field inspections of sweet potatoes,
certification of that plant shall be based on prior inspection of
seed potatoes in the field, treatment, and bedding inspections
that the department considers necessary to provide clean slips
for sale or shipment. Application for certification of sweet
potato plants shall be made prior to harvesting time of the
preceding season.
(c) The certificate tag or stamp shall be firmly affixed to each
container or bundle of plants at the point of origin for shipment
of the plants.
Acts 1981, 67th Leg., p. 1160, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1997, 75th Leg., ch. 211, Sec. 6, eff.
Sept. 1, 1997.
Sec. 71.104. TOMATO DISEASES AND INSECTS. The department shall
determine that tomato plants are apparently free from the
following diseases and from damaging infestation of the following
pests:
DISEASES
SCIENTIFIC NAME OF ORGANISM
Nematode root knot
Heterodera marioni
Early blight
Alternaria solani
Collar rot
Alternaria solani
Grey leaf spot
Stemphyllium solani
Late blight
Phytophthora infestans
Fusarium wilt
Fusarium lycopersici
Verticillium wilt
Verticillium albo-atrum
Bacterial wilt
Bacterium solanacearum
Bacterial canker
Coryneil bacterium michiganense
Bacterial spot
Xanthomonas vesicatoria
Southern blight
Sclerotium rolfsii
Mosaic
Virus
INSECTS
SCIENTIFIC NAME OF ORGANISM
Garden fleahopper
Halticus citri
Thrips
Thrips tabaci and others
Flea beetle
Phyllotreta spp.
Serpentine leaf miner
Liriomyza pusilla
Acts 1981, 67th Leg., p. 1160, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 71.105. CRUCIFEROUS PLANT DISEASES AND INSECTS. The
department shall determine that cruciferous plants, including
cabbage, cauliflower, broccoli, and collards, are apparently free
from the following diseases and from damaging infestation of the
following insects:
DISEASES
SCIENTIFIC NAME OF ORGANISM
Nematode root knot
Heterodera marioni
Black rot
Bacterium campestre
Yellows
Fusarium conglutinans
Blackleg
Phoma lingam
INSECTS
Aphid
Brevicoryne brassicae and Rhopalosiphum pseudobrassicae
Acts 1981, 67th Leg., p. 1161, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 71.106. PEPPER DISEASES. The department shall determine
that pepper plants are apparently free from the following
diseases:
DISEASES
SCIENTIFIC NAME OF ORGANISM
Nematode root knot
Heterodera marioni
Southern blight
Sclerotium rolfsii
Bacterial spot
Xanthomonas vesicatoria
Bacterial wilt
Bacterium solanacearum
Verticillium wilt
Verticillium albo-atrum
Mosaic
Virus
Acts 1981, 67th Leg., p. 1161, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 71.107. ONION DISEASES AND INSECTS. The department shall
determine that onion plants are apparently free from the
following diseases and from damaging infestation of the following
insects:
DISEASES
SCIENTIFIC NAME OF ORGANISM
Pink root
Phoma terrestris
INSECTS
Thrips
Thrips tabaci
Acts 1981, 67th Leg., p. 1162, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 71.108. EGGPLANT DISEASES. The department shall determine
that eggplants are apparently free from the following diseases:
DISEASES
SCIENTIFIC NAME OF ORGANISM
Nematode root knot
Heterodera marioni
Southern blight
Sclerotium rolfsii
Leaf spot and fruit rot
Phomopsis vexans
Verticillium wilt
Verticillium albo-atrum
Bacterial wilt
Bacterium solanacearum
Yellows
Virus
Acts 1981, 67th Leg., p. 1162, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 71.109. SWEET POTATO DISEASES AND INSECTS. The department
shall determine that sweet potato plants are apparently free from
the following plant diseases and insects:
DISEASES
SCIENTIFIC NAME OF ORGANISM
Stem rot or wilt
Fusarium batatis
Black rot
Sphaeronema fimbriatum
Pox
Cystospora batata
Nematode root knot
Heterodera marioni
Internal cork
Virus
INSECTS
Sweet potato weevil
Cylas formicarius
Acts 1981, 67th Leg., p. 1162, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 71.110. TREATMENT OR DESTRUCTION OF PLANTS. (a) If, at
the time of field inspection, the department finds an injurious
pest or disease or insect listed in Sections 71.104-71.109, as
appli