CHAPTER 73. CITRUS DISEASES AND PESTS
AGRICULTURE CODE
TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL
PRODUCTS
SUBTITLE B. HORTICULTURAL DISEASES AND PESTS
CHAPTER 73. CITRUS DISEASES AND PESTS
Sec. 73.001. DEFINITION. In this chapter, "nursery product" has
the meaning assigned by Section 71.041 of this code.
Acts 1981, 67th Leg., p. 1171, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 73.002. POLICY. The state recognizes that the citrus
industry is a valuable asset and that citrus fruit and trees are
highly susceptible to the ravages of insects, pests, and plant
diseases. The state shall use all constitutional measures to
protect this industry from destruction by pests and diseases.
Acts 1981, 67th Leg., p. 1171, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 67, eff.
Sept. 1, 1989.
Sec. 73.003. CITRUS ZONE. The following counties are designated
as the citrus zone of this state: Cameron, Willacy, Hidalgo,
Starr, Zapata, Jim Hogg, Brooks, Kenedy, Kleberg, Nueces, Jim
Wells, Duval, Webb, San Patricio, Refugio, Bee, Live Oak,
McMullen, LaSalle, Dimmit, Maverick, Zavala, Frio, Atascosa,
Wilson, Karnes, DeWitt, Victoria, Goliad, Calhoun, and Aransas.
Acts 1981, 67th Leg., p. 1171, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 73.004. INJURIOUS DISEASES AND PESTS. In accordance with
Subchapter A, Chapter 71, of this code, the department shall
establish quarantines against pests and diseases determined by
department rule to be injurious.
Acts 1981, 67th Leg., p. 1171, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1997, 75th Leg., ch. 211, Sec. 9, eff.
Sept. 1, 1997.
Sec. 73.005. MOVEMENT OF INFECTED NURSERY PRODUCTS AND OTHER
HOSTS INTO CITRUS ZONE. A person may not ship into the citrus
zone a nursery product, seed, citrus fruit, or other host
infected with a pest or disease listed in Section 73.004(b) of
this code.
Acts 1981, 67th Leg., p. 1172, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 68, eff.
Sept. 1, 1989.
Sec. 73.006. CERTIFICATE OF INSPECTION; PERMIT. (a) A person
may not ship a citrus nursery product or citrus fruit from
outside this state into this state without first filing with the
department a certificate of inspection issued by the proper
authority of the state in which the shipment originates. The
certificate must show:
(1) that the nursery product or fruit to be shipped has been
produced in a county known to be free from the pests and diseases
listed in Section 73.004(a) of this code; or
(2) that the nursery product or fruit has been fumigated by a
method approved by the department that will render it free of
pest or disease infestation.
(b) A transportation company or common carrier may not receive,
transport, or deliver a shipment of a citrus nursery product or
citrus fruit originating outside this state that does not bear:
(1) a shipping tag or label showing the certificate of
inspection from the originating state; and
(2) a permit from the department.
(c) A transportation company or common carrier shall immediately
report to the department any shipment of a citrus nursery product
or citrus fruit that is not accompanied by the certificate and
permit required by Subsection (b) of this section.
Acts 1981, 67th Leg., p. 1172, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 73.007. PROTECTION OF CARRIER FROM DAMAGES. A
transportation company or common carrier is not liable for
damages to a consignor or consignee for refusing to receive for
transportation or refusing to deliver a citrus nursery product or
citrus fruit, or a package, bale, bundle, or box of that nursery
product or fruit, that is not accompanied by the certificate and
permit required under Section 73.006 of this code.
Acts 1981, 67th Leg., p. 1173, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 73.008. DEPARTMENT EMPLOYEES AND EXPENSES OUTSIDE THE
STATE. This chapter does not authorize the department to expend
money, send employees, or employ persons outside this state.
Acts 1981, 67th Leg., p. 1173, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 73.009. PENALTIES. (a) A person commits an offense if the
person violates a provision of Section 73.005 or 73.006 of this
code.
(b) An offense under Section 73.005 of this code is a Class A
misdemeanor.
(c) An offense under Section 73.006 of this code is a Class C
misdemeanor.
Acts 1981, 67th Leg., p. 1173, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 69, eff.
Sept. 1, 1989.
Sec. 73.010. 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. 70, eff. Sept. 1,
1989.