reglab/housing_qa huggingface dataset:
TX Agric Code § 71.046 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter B. Inspection of Nursery Products and Florist Items|Section 71.046. Treatment or Destruction of Diseased or Infested Plants or Premises

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.|
TX Agric Code § 71.047 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter B. Inspection of Nursery Products and Florist Items|Section 71.047. Expense of Treatment

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.|
TX Agric Code § 71.048 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter B. Inspection of Nursery Products and Florist Items|Section 71.048. Appeal of Notice or Order

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.|
TX Agric Code § 71.049 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter B. Inspection of Nursery Products and Florist Items|Section 71.049. Enforcement of Notice or Order

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.|
TX Agric Code § 71.050 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter B. Inspection of Nursery Products and Florist Items|Section 71.050. Certificate to Accompany Shipment

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.|
TX Agric Code § 71.051 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter B. Inspection of Nursery Products and Florist Items|Section 71.051. Importation Certificates

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.|
TX Agric Code § 71.053 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter B. Inspection of Nursery Products and Florist Items|Section 71.053. Inspection of Shipments

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.|
TX Agric Code § 71.054 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter B. Inspection of Nursery Products and Florist Items|Section 71.054. Protection of Carriers From Liability; Reporting of Unlawful Shipments

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.|
TX Agric Code § 71.055 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter B. Inspection of Nursery Products and Florist Items|Section 71.055. Revocation of Certificate

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.|
TX Agric Code § 71.056 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter B. Inspection of Nursery Products and Florist Items|Section 71.056. Inspection Fees

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.|
TX Agric Code § 71.057 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter B. Inspection of Nursery Products and Florist Items|Section 71.057. Nursery Dealers and Agents; Annual Registration

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 (H.B. 3496), Sec. 3, eff. June 19, 2009.|
TX Agric Code § 71.058 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter B. Inspection of Nursery Products and Florist Items|Section 71.058. Penalties

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.|
TX Agric Code § 71.059 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter B. Inspection of Nursery Products and Florist Items|Section 71.059. Civil Penalty; Injunction

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.|
TX Agric Code § 71.060 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter B. Inspection of Nursery Products and Florist Items|Section 71.060. Stop-Sale Order

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.|
TX Agric Code § 71.101 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter C. Inspection of Vegetable Plants|Section 71.101. Duty of Department; Rules

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.|
TX Agric Code § 71.102 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter C. Inspection of Vegetable Plants|Section 71.102. Field Inspection

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.|
TX Agric Code § 71.103 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter C. Inspection of Vegetable Plants|Section 71.103. Inspection Certificate

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.|
TX Agric Code § 71.104 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter C. Inspection of Vegetable Plants|Section 71.104. Tomato Diseases and Insects

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:   DISEASESSCIENTIFIC NAME OF ORGANISM      Nematode root knotHeterodera marioni      Early blightAlternaria solani      Collar rotAlternaria solani      Grey leaf spotStemphyllium solani      Late blightPhytophthora infestans      Fusarium wiltFusarium lycopersici      Verticillium wiltVerticillium albo-atrum      Bacterial wiltBacterium solanacearum      Bacterial cankerCoryneil bacterium michiganense      Bacterial spotXanthomonas vesicatoria      Southern blightSclerotium rolfsii      MosaicVirus      INSECTSSCIENTIFIC NAME OF ORGANISM      Garden fleahopperHalticus citri      ThripsThrips tabaci and others      Flea beetlePhyllotreta spp.      Serpentine leaf minerLiriomyza pusilla   |Acts 1981, 67th Leg., p. 1160, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 71.105 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter C. Inspection of Vegetable Plants|Section 71.105. Cruciferous Plant Diseases and Insects

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:   DISEASESSCIENTIFIC NAME OF ORGANISM      Nematode root knotHeterodera marioni      Black rotBacterium campestre      YellowsFusarium conglutinans      BlacklegPhoma lingam      INSECTS   AphidBrevicoryne brassicae and Rhopalosiphum pseudobrassicae   |Acts 1981, 67th Leg., p. 1161, ch. 388, Sec. 1, eff. Sept. 1, 1981.|