reglab/housing_qa huggingface dataset:
TX Agric Code § 71.007 (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 A. Inspections; Quarantines; Control and Eradication Zones|Section 71.007. Rules

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 (H.B. 4577), Sec. 1, eff. September 1, 2009.|
TX Agric Code § 71.008 (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 A. Inspections; Quarantines; Control and Eradication Zones|Section 71.008. Control or Eradication Zone

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.|
TX Agric Code § 71.0081 (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 A. Inspections; Quarantines; Control and Eradication Zones|Section 71.0081. Vehicle Inspections for Insect Pests or Plant Diseases

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 (S.B. 9), Sec. 2, eff. June 18, 2005.|
TX Agric Code § 71.0082 (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 A. Inspections; Quarantines; Control and Eradication Zones|Section 71.0082. Inspections for Certain Pests and Diseases

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 (S.B. 9), Sec. 3, eff. June 18, 2005.|
TX Agric Code § 71.010 (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 A. Inspections; Quarantines; Control and Eradication Zones|Section 71.010. Appeals

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.|
TX Agric Code § 71.0101 (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 A. Inspections; Quarantines; Control and Eradication Zones|Section 71.0101. Department of Public Safety to Cooperate

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.|
TX Agric Code § 71.011 (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 A. Inspections; Quarantines; Control and Eradication Zones|Section 71.011. Protection of Carrier From Damages

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.|
TX Agric Code § 71.012 (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 A. Inspections; Quarantines; Control and Eradication Zones|Section 71.012. Civil Penalty; Injunction

Sec. 71.012.  CIVIL PENALTY;  INJUNCTION.  (a)  Except as provided by Subsections (a-1) and (a-2), 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.(a-1)  Subject to Subsection (a-2), a person who violates a quarantine established under this subchapter against a pest or disease affecting pecans or pecan trees or violates a rule adopted under this subchapter for the protection of pecans or pecan trees is liable to the state for a civil penalty of not less than $500 nor more than $20,000 for each violation. Each day a violation continues may be considered a separate violation for purposes of a civil penalty assessment.(a-2)  For the first violation of a quarantine established under this subchapter against a pest or disease affecting pecans or pecan trees or a violation of a rule adopted under this subchapter for the protection of pecans or pecan trees, in lieu of a civil penalty, a registrant under Section 71.043 may remedy the violation by entering into a compliance agreement with the department and returning, treating, or destroying the article subject to the quarantine as directed by the department.(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.Amended by: Acts 2021, 87th Leg., R.S., Ch. 1016 (H.B. 3289), Sec. 1, eff. September 1, 2021.|
TX Agric Code § 71.013 (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 A. Inspections; Quarantines; Control and Eradication Zones|Section 71.013. Criminal Penalties

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)  Except as provided by Subsection (b-1), an offense under this section is a Class C misdemeanor.(b-1)  For the first violation constituting an offense under this section, in lieu of a criminal penalty, a registrant under Section 71.043 may remedy the violation by entering into a compliance agreement with the department and returning, treating, or destroying the article subject to the quarantine as directed by the department.(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.Amended by: Acts 2021, 87th Leg., R.S., Ch. 1016 (H.B. 3289), Sec. 2, eff. September 1, 2021.|
TX Agric Code § 71.041 (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 71.041. Definitions

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.|
TX Agric Code § 71.042 (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 71.042. Duty of Department; Rules

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.|
TX Agric Code § 71.043 (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 71.043. Annual Registration

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 (H.B. 3496), Sec. 2, eff. June 19, 2009.|
TX Agric Code § 71.044 (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 71.044. Inspection

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.|