CHAPTER 72. MEXICAN FRUIT FLY CONTROL
AGRICULTURE CODE
TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL
PRODUCTS
SUBTITLE B. HORTICULTURAL DISEASES AND PESTS
CHAPTER 72. MEXICAN FRUIT FLY CONTROL
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 72.001. DEFINITIONS. In this chapter:
(1) "Host fruit" means a fruit susceptible to infestation by the
Mexican fruit fly.
(2) "Mexican fruit fly" means the insect Anastrepha ludens,
Loew.
(3) "Premises" means a grove, orchard, farm, yard, lawn, or
tract of land on which citrus or other host fruit is grown,
enclosed or unenclosed, or a barn, storehouse, warehouse, shed,
boxcar, truck, or other building, receptacle, or conveyance
capable of use for storing, packing, processing, or transporting
citrus or other host fruits.
(4) "Quarantined area" means a county or part of a county under
a quarantine or modified quarantine.
(5) "Sell" includes offer to sell, expose for sale, possess for
sale, exchange, barter, or trade.
Acts 1981, 67th Leg., p. 1165, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 72.002. ADMINISTRATION; RULES. (a) The department shall
administer this chapter in order to control or eradicate the
Mexican fruit fly in this state and to protect all premises in
this state from that pest.
(b) The department may adopt rules as necessary for the
administration of this chapter.
Acts 1981, 67th Leg., p. 1165, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 9.16, eff. September 1, 2009.
Sec. 72.004. ENTRY POWER. In enforcing this chapter, the
department may enter on any premises to inspect the premises or a
tree, plant, shrub, or fruit growing or stored on the premises.
Acts 1981, 67th Leg., p. 1165, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 72.005. REPORTS AND NOTICES. A report, notice, statement,
or record required by this chapter shall be in English and,
unless otherwise provided, shall be in writing.
Acts 1981, 67th Leg., p. 1165, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 72.006. PROSECUTIONS. On request of the department, an
enforcement officer, or another interested person, the district
or county attorney of any county in which a violation of a
provision of this chapter occurs shall prosecute the violation.
Acts 1981, 67th Leg., p. 1165, ch. 388, Sec. 1, eff. Sept. 1,
1981.
SUBCHAPTER B. QUARANTINES
Sec. 72.011. ESTABLISHMENT. (a) When advised of the existence
of Mexican fruit fly within a county or part of a county in this
state, the department shall certify that fact and proclaim the
county or part of a county quarantined under this chapter.
(b) If the department determines that the exigencies of the
situation require a modified quarantine, the department may
designate a modified quarantined area.
(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 506, Sec.
9.23(3), eff. September 1, 2009.
Acts 1981, 67th Leg., p. 1165, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 9.17, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 9.23(3), eff. September 1, 2009.
Sec. 72.012. PERSONS AND PREMISES SUBJECT. The premises of each
individual, whether an owner, lessee, renter, tenant, or
occupant, within the area named in the quarantine are subject to
the quarantine, even though not specifically named.
Acts 1981, 67th Leg., p. 1166, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 9.18, eff. September 1, 2009.
Sec. 72.013. TERM. A quarantine established under this
subchapter is effective until modified or removed by the
department.
Acts 1981, 67th Leg., p. 1166, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 72.014. DESIGNATED COUNTIES. Cameron, Hidalgo, and Willacy
counties are designated as quarantined for the purposes of this
chapter.
Acts 1981, 67th Leg., p. 1166, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 72.015. MOVEMENT OF FRUIT IN VIOLATION OF QUARANTINE;
CERTIFICATE. (a) A person may not haul, truck, or otherwise
move citrus fruit from any premises or area that is under
quarantine for Mexican fruit fly infestation by this chapter or
by order of the department in violation of the quarantine without
a written permit or certificate issued by the department or an
inspector of the Plant Protection and Quarantine Programs, Animal
and Plant Health Inspection Service, United States Department of
Agriculture.
(b) A person may not move citrus fruit into this state from any
state, nation, territory, or area that is under quarantine for
Mexican fruit fly infestation by the department, by the Plant
Protection and Quarantine Programs, Animal and Plant Health
Inspection Service, United States Department of Agriculture, or
by the sanitary authority of the state, nation, or territory from
which the fruit is moved, without a certificate issued by the
department.
(c) A person who has been issued a certificate under Subsection
(a) or (b) of this section may not transport citrus fruit from a
quarantined area to any place other than the place designated on
the certificate.
(d) An owner, part owner, or caretaker may not permit or allow
citrus fruit to be shipped or transported in violation of
Subsection (a) or (b) of this section.
Acts 1981, 67th Leg., p. 1166, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 9.19, eff. September 1, 2009.
SUBCHAPTER C. INFESTATION CONTROL
Sec. 72.021. DETERMINATION OF INFESTATION. (a) If an
accredited entomologist finds or knows that the larvae of the
Mexican fruit fly exist on premises within a quarantined area,
the entomologist shall certify the fact of the infestation to the
department.
(b) The department shall determine whether the infestation
exists and the extent of the infestation. The department may
refer the issue to the citrus quarantine advisory committee of
any county in which the premises are located.
Acts 1981, 67th Leg., p. 1166, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 72.022. CITRUS QUARANTINE ADVISORY COMMITTEE. (a) The
commissioners court of a county in a quarantined area shall
appoint a citrus quarantine advisory committee composed of four
citrus growers and one representative of the department. The four
citrus growers appointed by the court are subject to the approval
of the department. The department shall nominate its
representative on the committee.
(b) If advised by the department that an infestation exists on
premises within the county, the advisory committee shall
determine the extent of the infestation and recommend to the
department the procedure for eliminating the infestation.
Acts 1981, 67th Leg., p. 1167, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 72.023. METHOD OF CONTROL. (a) Taking into consideration
the recommendations of the appropriate citrus quarantine advisory
committee, the department shall determine the best method of
controlling or eradicating a Mexican fruit fly infestation.
(b) The department shall serve written findings and directions
for control or eradication of the infestation on the owner of the
infested premises. The owner shall immediately comply with the
directions of the department.
Acts 1981, 67th Leg., p. 1167, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 72.024. HOST-FREE PERIOD. (a) The department may adopt
the host-free period adopted by the United States Department of
Agriculture for Mexican fruit fly quarantine in this state.
During a host-free period, host fruits may not be produced or
permitted to remain on trees within a quarantined area.
(b) All old crop fruit shall be removed from premises in a
quarantined area at the beginning of an annual host-free period.
(c) In addition to other fruits declared by the department to be
host fruits, the following fruits are host fruits for the purpose
of this chapter:
(1) mangoes;
(2) sapotas, including sapodillas, fruits of the family
Sapotaceae and the genus Casimiroa, and all other fruits commonly
called sapotas or sapotes;
(3) peaches;
(4) guavas;
(5) apples;
(6) pears;
(7) plums;
(8) quinces;
(9) apricots;
(10) mameys;
(11) ciruelas; and
(12) all citrus fruits, except lemons, sour limes, calamondin,
and citrus fruit that, because of its stage of development during
the host-free period, will mature during the period of the year
not within the host-free period.
Acts 1981, 67th Leg., p. 1167, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 72.025. UNHUSBANDLIKE AND UNSANITARY CONDITIONS; ORDERS OF
DEPARTMENT. (a) It is a public nuisance to maintain premises in
a quarantined area in an unhusbandlike or unsanitary condition. A
person maintains an unhusbandlike or unsanitary condition if the
person:
(1) has host fruit on trees on the premises during the host-free
period; or
(2) permits fallen, refuse, or cull fruit to remain on the
ground or premises for a period of seven days or more during the
harvest period.
(b) Within the harvest period, each person shall clean fallen,
refuse, or cull fruit from his or her premises once in each
seven-day period. The fruit shall be buried at a depth of not
less than 18 inches below the surface of well-tamped soil or
disposed of in another manner satisfactory to the department.
(c) The department may order each owner, part owner, or
caretaker of premises subject to this chapter to place the
premises in husbandlike and sanitary condition. The order shall
be in writing, dated, and signed or stamped by the commissioner
or the commissioner's designee. The order shall direct the owner,
part owner, or caretaker to place the premises in husbandlike and
sanitary condition under the supervision of an inspector of the
department. If the owner is a nonresident, the department shall
give the owner 10 days' notice of the order by registered mail.
Acts 1981, 67th Leg., p. 1167, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 72.026. EXPENSES OF AND RESPONSIBILITY FOR COMPLIANCE WITH
ORDER OF DEPARTMENT. (a) If the department issues an order
under Section 72.025(c) of this code, the owner, part owner, or
caretaker of the premises involved shall furnish the labor
necessary to comply with the order at his or her own expense.
(b) An administrator, executor, or guardian is responsible for
the execution of orders under Section 72.025(c) of this code
relating to premises that are part of an estate under the control
of that person by reason of the administration or guardianship.
(c) A husband and wife are jointly and severally responsible for
the execution of an order under Section 72.025(c) of this code in
relation to their community estate. Each spouse is responsible
for the execution of an order in relation to his or her separate
estate. In addition, each spouse is responsible for the execution
of an order in relation to the other spouse's separate estate if
he or she is the caretaker of premises belonging to the separate
estate of the other spouse.
Acts 1981, 67th Leg., p. 1168, ch. 388, Sec. 1, eff. Sept. 1,
1981.
SUBCHAPTER D. REMEDIES
Sec. 72.041. APPEAL OF DEPARTMENT ORDER. A person aggrieved by
an order of the department may appeal to a court of competent
jurisdiction within the county in which the premises subject to
the order are located.
Acts 1981, 67th Leg., p. 1168, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 72.042. ENFORCEMENT OF DEPARTMENT ORDER; FEES. (a) If a
person fails to comply with an order of the department under
Section 72.025(c) of this code before the 11th day following the
day on which the person received the order, the department shall
file suit in a court of competent jurisdiction to have the
premises subject to the order declared a public nuisance. In
addition, the department may petition the court to appoint a
receiver for the premises.
(b) In an action under this section, it is presumed that the
person on whom the order was served was the owner, part owner, or
caretaker when the time for compliance expired, and the state is
required only to allege and prove that, at the time the order was
served, the person was the owner, part owner, or caretaker of the
premises subject to the order.
(c) Venue for a suit under this section is in the county in
which the premises subject to the order are located.
(d) A court may hear and dispose of all issues in an action
under this section in term or during vacation.
(e) The department may not be required to post a cost bond in an
action under this section.
(f) The owner of the premises shall give notice as the court
determines necessary.
(g) If the court finds the premises to be a public nuisance, the
department may enter the premises and place them in compliance
with the order. The owner shall pay to the department an amount
not to exceed twice the minimum wage established under state law
a person, as allowed by the court, for each hour actually
expended placing the premises in compliance with the order. In
addition, the owner shall pay to the department the sum of $250,
not as a penalty but as reasonable compensation for the time
involved in the execution of the order.
Acts 1981, 67th Leg., p. 1168, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 61, eff.
Sept. 1, 1989.
Sec. 72.043. LIEN. (a) For the purpose of securing the payment
of fees under Section 72.042 of this code, the department has a
lien on all citrus fruit growing or standing on premises declared
by the court to be a public nuisance. The department may enforce
the lien in the manner provided by either Subsection (b) or (c)
of this section.
(b) If no receiver has been appointed, the department may
enforce the lien by selling at public sale to the highest bidder
any fruit subject to the lien. The sale shall be conducted at the
courthouse door. If a receiver has been appointed, the receiver
shall conduct the sale. Proceeds of the sale in excess of the
amount owed to the department shall be paid to the owner of the
premises or to the county treasurer subject to the order of the
owner.
(c) The department may fix the lien by filing the lien, a sworn
statement of the indebtedness, and a description of the property
subject to the lien with the county clerk of the county in which
the premises are located. The lien must be filed before the 31st
day following the last day of action by the department under
Section 72.042(g) of this code. Within 24 months after filing the
lien, the department shall file suit in a court of competent
jurisdiction for collection of the account and foreclosure of the
lien. Neither the department nor any person to whom the account
is assigned may be required to post a cost bond in that suit. The
court shall enter judgment for the debt with interest and costs
of suit and foreclosing the lien on premises as the court
determines necessary for defraying expenses, court costs, and the
fees owed.
(d) In an action under Subsection (c) of this section, the
department may file a separate statement and separate suit
covering each necessary action of the department to enforce
compliance or may wait until a number accrue and file one
statement and one suit covering all necessary actions.
(e) A peace officer authorized by law to serve in the area in
which the lien is enforced may perform the functions of the
department under this section.
Acts 1981, 67th Leg., p. 1169, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 72.044. INJUNCTIONS; MANDAMUS. (a) If a person
responsible for execution of an order under Section 72.025(c) of
this code fails or refuses, or threatens to fail or refuse, to
comply with the order, a resident of the county or part of the
county in which Mexican fruit fly control or eradication is being
conducted may sue for an injunction to compel that person to
place the premises in sanitary conditions in accordance with this
chapter. If the court finds that the person responsible for
compliance has been served with a written order, that the
premises are subject to the order, and that the material
allegations in the petition are true, the court shall enter an
order commanding the person to comply immediately with the
written directions of the department. A person who refuses to
comply with the court's order may be punished for contempt of
court.
(b) Any resident of this state may sue for an injunction or
mandamus to compel compliance with this chapter or to restrain a
violation of this chapter. Notice of the hearing to the opposite
party may be given under the direction of the court, if the court
determines that justice requires the notice.
(c) A court may hear and determine a cause under this section in
term or in vacation.
Acts 1981, 67th Leg., p. 1169, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 72.045. SEIZURE OF OWNERLESS FRUIT. If the department is
not able to locate an owner, part owner, or caretaker for
premises in a county in which Mexican fruit fly control or
eradication is being conducted, the department may seize any
citrus fruit growing or standing on the premises and sell the
fruit in the manner provided by Section 72.043(b) of this code.
Acts 1981, 67th Leg., p. 1170, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 72.046. CIVIL PENALTY; INJUNCTION. (a) A person who
violates this chapter or a rule adopted under this chapter 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 chapter or a rule adopted
under this chapter. 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. 62, eff. Sept. 1,
1989.
SUBCHAPTER E. PENALTIES
Sec. 72.061. GENERAL PENALTY. (a) A person who violates any
provision of this chapter for which a separate penalty is not
provided commits an offense.
(b) An offense under this section is a Class C misdemeanor.
Acts 1981, 67th Leg., p. 1170, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 63, eff.
Sept. 1, 1989.
Sec. 72.062. FAILURE TO COMPLY WITH DEPARTMENT ORDER. (a) A
person commits an offense if the person fails or refuses to
comply with an order of the department under Section 72.025(c) of
this code before the 11th day following the day on which the
person received the order.
(b) An offense under this section is a Class C misdemeanor.
Acts 1981, 67th Leg., p. 1170, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 64, eff.
Sept. 1, 1989.
Sec. 72.063. PUBLIC NUISANCE. (a) A person commits an offense
if the person:
(1) fails or refuses to clean quarantined premises or dispose of
fruit in accordance with Section 72.025(b) of this code; or
(2) maintains host fruit on trees on quarantined premises during
the host-free period.
(b) An offense under this section is a Class C misdemeanor.
Acts 1981, 67th Leg., p. 1170, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 65, eff.
Sept. 1, 1989.
Sec. 72.064. MOVEMENT OF FRUIT IN VIOLATION OF QUARANTINE. (a)
A person commits an offense if the person violates a provision of
Section 72.015 of this code.
(b) An offense under this section is a Class C misdemeanor.
Acts 1981, 67th Leg., p. 1171, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 66, eff.
Sept. 1, 1989.