reglab/housing_qa huggingface dataset:
TX Agric Code § 72.046 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 72 - Mexican Fruit Fly Control|Subchapter D. Remedies|Section 72.046. Civil Penalty; Injunction

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.|
TX Agric Code § 72.061 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 72 - Mexican Fruit Fly Control|Subchapter E. Penalties|Section 72.061. General Penalty

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.|
TX Agric Code § 72.062 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 72 - Mexican Fruit Fly Control|Subchapter E. Penalties|Section 72.062. Failure to Comply With Department Order

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.|
TX Agric Code § 72.063 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 72 - Mexican Fruit Fly Control|Subchapter E. Penalties|Section 72.063. Public Nuisance

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.|
TX Agric Code § 72.064 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 72 - Mexican Fruit Fly Control|Subchapter E. Penalties|Section 72.064. Movement of Fruit in Violation of Quarantine

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.|
TX Agric Code § 74.001 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter A. Cotton Pest Control|Section 74.001. Public Nuisance

Sec. 74.001.  PUBLIC NUISANCE.  (a)  The legislature finds that cotton pests are a menace to the cotton industry, and that control of those pests is a public necessity.  Any portion of the state that is susceptible to infestation by cotton pests must be protected from this public nuisance and threat to the continued stability of the cotton industry.(b)  The legislature finds that volunteer and other noncommercial cotton is a public nuisance that threatens the cotton growers' boll weevil eradication program by serving as a host for cotton pests such as boll weevils and pink bollworms.  To protect the cotton industry of this state, volunteer and other noncommercial cotton must be eliminated subject to the provisions of this chapter.|Acts 1981, 67th Leg., p. 1173, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 957, Sec. 1, eff. June 16, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 178 (H.B. 1580), Sec. 1, eff. May 27, 2009.|
TX Agric Code § 74.002 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter A. Cotton Pest Control|Section 74.002. Definitions

Sec. 74.002.  DEFINITIONS.  In this subchapter:(1)  "Cotton" includes the cotton plant, cotton in the boll, cotton stalk, and all cotton products, including seed cotton, cottonseed, and cotton hulls, but not including cotton oil or cotton meal.(2)  "Cotton pest" includes the boll weevil and the pink bollworm.(3)  "Host plant" means a plant susceptible to infestation by the boll weevil, pink bollworm, or any other cotton pest.(4)  "Boll weevil" means the insect Anthonomus grandis Boheman, in any stage of development, including the egg, larval, pupal, and adult stages.(5)  "Okra" includes okra stalks.(6)  "Pest management zone" means a geographical zone established by the department under this chapter for purposes of cotton pest control and prevention.(7)  "Pink bollworm" means the insect Pectinophora gossypiella, Saunders, in any stage of development, including the egg, larval, pupal, and adult stages.|Amended by Acts 1987, 70th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 957, Sec. 2, eff. June 16, 1995.|
TX Agric Code § 74.003 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter A. Cotton Pest Control|Section 74.003. Establishment of Pest Management Zones

Sec. 74.003.  ESTABLISHMENT OF PEST MANAGEMENT ZONES.  (a)  Any producer organization authorized under the laws of this state or recognized under department rules and representing cotton producers may petition the commissioner for certification to establish a pest management zone.  A pest management zone may include all or part of one or more counties.(b)  Within 15 days following the day on which a petition for certification is received, the commissioner shall determine whether or not to grant certification.(c)  If the commissioner determines that, on the basis of information submitted, the petitioning organization is representative of cotton producers within the boundaries described in the petition and that the petition conforms to the purposes and provisions of this subchapter, the commissioner shall certify that the organization is representative of the producers of the commodity within the described area and is authorized to establish a pest management zone.(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 56(6), eff. September 1, 2021.|Amended by Acts 1987, 70th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 957, Sec. 3, eff. June 16, 1995.Amended by: Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 56(6), eff. September 1, 2021.|
TX Agric Code § 74.0031 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter A. Cotton Pest Control|Section 74.0031. Cotton Stalk Destruction

Sec. 74.0031.  COTTON STALK DESTRUCTION.  (a)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 56(6), eff. September 1, 2021.(b)  The Texas Boll Weevil Eradication Foundation shall:(1)  conduct a study of the effects of incomplete cotton stalk destruction and volunteer cotton control on boll weevil eradication activities; and(2)  submit annual recommendations to the department and the board of the foundation for a cotton stalk destruction deadline for each pest management zone.(c)  The Texas Boll Weevil Eradication Foundation may consult with its technical advisory committee in fulfilling its duties under Subsection (b).(d)  The department shall set a cotton stalk destruction deadline for each pest management zone, with consideration given to the recommendations of the foundation.|Added by Acts 2009, 81st Leg., R.S., Ch. 178 (H.B. 1580), Sec. 2, eff. May 27, 2009.Amended by: Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 19, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 56(6), eff. September 1, 2021.|
TX Agric Code § 74.0041 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter A. Cotton Pest Control|Section 74.0041. Regulation of Planting Dates

Sec. 74.0041.  REGULATION OF PLANTING DATES.  The department may establish uniform planting dates for host plants.|Added by Acts 1993, 73rd Leg., ch. 847, Sec. 2, eff. Aug. 30, 1993.Amended by: Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 22, eff. September 1, 2021.|
TX Agric Code § 74.005 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter A. Cotton Pest Control|Section 74.005. Entry Power; Inspections

Sec. 74.005.  ENTRY POWER;  INSPECTIONS.  For the purpose of enforcing this chapter, the department is entitled to:(1)  enter any field of host plants or any premises in which a host plant or its product is stored or held;(2)  examine any product, container, or substance susceptible to cotton pest infestation;  and(3)  examine the records of a purchaser, handler, or common carrier of host plant products.|Added by Acts 1987, 70th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 957, Sec. 5, eff. June 16, 1995.|
TX Agric Code § 74.006 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter A. Cotton Pest Control|Section 74.006. Rules

Sec. 74.006.  RULES.  The department may adopt rules as are necessary for the efficient enforcement and administration of this subchapter.|Amended by Acts 1987, 70th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1987.|
TX Agric Code § 74.007 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter A. Cotton Pest Control|Section 74.007. Offenses; Penalty

Sec. 74.007.  OFFENSES;  PENALTY.  (a)  A person commits an offense if the person:(1)  violates a proclamation or a rule or restriction adopted under this subchapter;(2)  brings into this state any equipment or material contaminated with cotton pests;  or(3)  fails to comply with a rule adopted for the control and direction of host plant growing.(b)  An offense under this section is a Class B misdemeanor.|Amended by Acts 1987, 70th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 230, Sec. 72, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 957, Sec. 6, eff. June 16, 1995.|
TX Agric Code § 74.008 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter A. Cotton Pest Control|Section 74.008. Civil Penalty; Injunction

Sec. 74.008.  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.|Added by Acts 1989, 71st Leg., ch. 230, Sec. 73, eff. Sept. 1, 1989.|
TX Agric Code § 74.009 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter A. Cotton Pest Control|Section 74.009. Cotton Pest Control and Eradication Policy

Sec. 74.009.  COTTON PEST CONTROL AND ERADICATION POLICY.  The state shall employ all constitutional methods to control and eradicate cotton pests that scientific research demonstrates to be successful, including:(1)  inspection of host plants in the field or host plant products where stored;(2)  quarantine and fumigation of equipment, host plants, and host plant products found to be contaminated;(3)  supervision of the growing of host plants in areas known to be contaminated;(4)  destruction of infested fields of host plants or of infested host plant products;(5)  prevention of planting of host plants in areas where infestation has been found;  and(6)  prevention of movement of equipment contaminated or reasonably suspected to be contaminated with cotton pests.|Acts 1981, 67th Leg., p. 1175, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Sec. 74.052 and amended by Acts 1995, 74th Leg., ch. 957, Sec. 7, eff. June 16, 1995.|
TX Agric Code § 74.010 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter A. Cotton Pest Control|Section 74.010. Regulation of Cotton Pests; Quarantines

Sec. 74.010.  REGULATION OF COTTON PESTS;  QUARANTINES.  (a)  If, under prior law, the department proclaimed a quarantine against infested territory, no person may import into Texas from the quarantined territory a substance susceptible to cotton pest infestation.(b)  The department shall maintain a rigid inspection of substances susceptible to cotton pest contamination that are being carried from quarantined territory into, through, or within this state.|Acts 1981, 67th Leg., p. 1175, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1993, 73rd Leg., ch. 847, Sec. 3, eff. Aug. 30, 1993.  Renumbered from Sec. 74.054 and amended by Acts 1995, 74th Leg., ch. 957, Sec. 7, eff. June 16, 1995.|
TX Agric Code § 74.011 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter A. Cotton Pest Control|Section 74.011. Regulation of Ginning

Sec. 74.011.  REGULATION OF GINNING.  A ginner may not gin cotton from a regulated zone under this subchapter unless the ginner disinfects the seed in accordance with rules of the department.|Acts 1981, 67th Leg., p. 1175, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Sec. 74.055 by Acts 1995, 74th Leg., ch. 957, Sec. 7, eff. June 16, 1995.|
TX Agric Code § 74.012 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter A. Cotton Pest Control|Section 74.012. Inspectors

Sec. 74.012.  INSPECTORS.  The department may employ and prescribe the qualifications and duties of inspectors and other employees necessary to the administration of this subchapter.|Acts 1981, 67th Leg., p. 1176, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Sec. 74.059 and amended by Acts 1995, 74th Leg., ch. 957, Sec. 7, eff. June 16, 1995.|
TX Agric Code § 74.013 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter A. Cotton Pest Control|Section 74.013. Cooperation With Federal Programs

Sec. 74.013.  COOPERATION WITH FEDERAL PROGRAMS.  The department shall cooperate with the United States Department of Agriculture in any measure authorized by, and undertaken in accordance with, federal law for preventing the introduction or establishment of cotton pests in this state.|Acts 1981, 67th Leg., p. 1176, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Sec. 74.060 and amended by Acts 1995, 74th Leg., ch. 957, Sec. 7, eff. June 16, 1995.|
TX Agric Code § 74.101 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation|Section 74.101. Findings and Declaration of Policy

Sec. 74.101.  FINDINGS AND DECLARATION OF POLICY.  (a)  It is hereby found and declared that:(1)  the insects Anthonomus grandis Boheman, known as the boll weevil, and Pectinophora gossypiella, known as the pink bollworm, are public nuisances and a menace to the cotton industry, and their eradication is a public necessity;(2)  because of the differences in soil conditions, growing seasons, farming techniques, and climate conditions among several areas in the state where cotton is grown, the eradication and suppression of the nuisance can best be accomplished by dividing the cotton-growing areas into separate zones so that integrated pest management programs may be developed for each zone;(3)  there is a need for a quasi-governmental entity acting under the supervision and control of the commissioner whose members are actual cotton growers who would be represented on the board of the entity by directors elected by them to manage eradication and suppression programs and to furnish expertise in the field of insect control and eradication, because such an entity would enhance the interest and participation of cotton growers in the program;(4)  because of the progress made in eradication, investments made by cotton growers in certain areas, the potential injustice to certain cotton growers who have made such investments, and the stage of development of the cotton crops in the statutory eradication zones, an urgent public necessity exists to validate and ratify the assessments, agreements, and obligations of the Texas Boll Weevil Eradication Foundation, Inc., made or incurred by the foundation and related to certain statutory zones;(5)  cotton growers, in partnership with the state and federal governments, have made significant investments toward the eradication of these pests in this state;(6)  it is essential to the well-being of the cotton industry and the agricultural economy of this state that the investments of the cotton growers and the state and federal governments be protected; and(7)  the establishment of a maintenance program to be carried out by the foundation under the supervision of the department is required to protect the investments in eradication.(b)  It is the intent of the legislature that the program of eradication and suppression be carried out with the best available integrated pest management techniques.(c)  The department may recover costs for administration of this subchapter.|Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 1.01, eff. May 30, 1997.Amended by: Acts 2005, 79th Leg., Ch. 119 (S.B. 1428), Sec. 1, eff. September 1, 2005.|
TX Agric Code § 74.1011 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation|Section 74.1011. Designation of Entity to Carry Out Boll Weevil Eradication

Sec. 74.1011.  DESIGNATION OF ENTITY TO CARRY OUT BOLL WEEVIL ERADICATION.  (a)  The Texas Boll Weevil Eradication Foundation, Inc., a Texas nonprofit corporation chartered by the secretary of state on September 14, 1993, shall be recognized by the department as the entity to plan, carry out, and operate eradication and diapause programs to eliminate the boll weevil and the pink bollworm from cotton in the state under the supervision of the department as provided by this subchapter.(b)  The commissioner may terminate the foundation's designation as the entity recognized to carry out boll weevil eradication by giving 45 days' written notice to the foundation and by designating a successor entity.  If the commissioner designates a successor to the foundation, the successor has all the powers and duties of the foundation under this subchapter.  Any successor to the foundation shall assume and shall be responsible for all obligations and liabilities relating to any notes, security agreements, assignments, loan agreements, and any other contracts or other documents entered into by the foundation with or for the benefit of any financial institution or its predecessor, successor, or assignee.|Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.02, eff. May 30, 1997.|