reglab/statecodes huggingface dataset:
2023 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 72.042. Enforcement of Department Order; Fees

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.
2023 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 72.043. Lien

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.
2023 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 72.044. Injunctions; Mandamus

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.
2023 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 72.045. Seizure of Ownerless Fruit

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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 73 - Citrus Diseases and Pests › Section 73.001. Definition

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.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 73 - Citrus Diseases and Pests › Section 73.002. Policy

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.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 73 - Citrus Diseases and Pests › Section 73.003. Citrus Zone

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.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 73 - Citrus Diseases and Pests › Section 73.004. Injurious Diseases and Pests

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.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 73 - Citrus Diseases and Pests › Section 73.005. Movement of Infected Nursery Products and Other Hosts Into Citrus Zone

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.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 73 - Citrus Diseases and Pests › Section 73.006. Certificate of Inspection; Permit

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.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 73 - Citrus Diseases and Pests › Section 73.007. Protection of Carrier From Damages

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.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 73 - Citrus Diseases and Pests › Section 73.008. Department Employees and Expenses Outside the State

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.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 73 - Citrus Diseases and Pests › Section 73.009. Penalties

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.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 73 - Citrus Diseases and Pests › Section 73.010. Civil Penalty; Injunction

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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 74.1041. Advisory Committees

Sec. 74.1041.   ADVISORY COMMITTEES.  (a)  The commissioner may appoint an advisory committee for an existing eradication zone or an area of the state that is to be considered by the commissioner for designation as or inclusion in an eradication zone.  The committee shall gather advice, input, and guidance from cotton growers from the area represented by the committee concerning the interest in and concerns about the implementation of this subchapter.
(b)  Each advisory committee may consider and make recommendations to the commissioner and the foundation concerning:
(1)  the geographic boundaries for a proposed eradication zone;
(2)  the amount of local interest in operating an eradication program;
(3)  the basis and amount of an assessment necessary to support an eradication program;
(4)  the need to restructure any pre-existing debt from prior eradication activities;
(5)  ongoing implementation of an eradication program approved by growers in an eradication zone;  and
(6)  any other matter requested by the commissioner or the foundation.
(c)  Each advisory committee appointed under this section shall include a sufficient number of cotton growers to ensure adequate representation across the eradication zone, including at least one cotton grower from each county in the zone and other persons as determined by the commissioner.
(d)  Advisory committees appointed under this section are immune from lawsuits and liability to the same extent the foundation is immune from lawsuits and liability under Section 74.129.
(e)  An advisory committee established under this section is subject to the requirements of Chapters 551 and 552, Government Code.
Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.05, eff. May 30, 1997.  Amended by Acts 2001, 77th Leg., ch. 168, Sec. 1, eff. May 18, 2001.
2023 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 74.1042. Creation of Nonstatutory Eradication Zones

Sec. 74.1042.  CREATION OF NONSTATUTORY ERADICATION ZONES.  (a)  The commissioner may by rule designate an area of the state as a proposed eradication zone as long as the area is not within a statutory zone under Section 74.1021 that has approved an eradication program by referendum.
(b)  The commissioner may hold a public hearing within the proposed eradication zone to discuss the proposed geographic boundaries of the zone.  The public hearing may include any other topics allowed under this subchapter.
(c)  After the adoption of a rule under Subsection (a), the commissioner shall conduct a referendum under Section 74.105.
Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.05, eff. May 30, 1997.
2023 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 74.105. Eradication Zone Referenda

Sec. 74.105.  ERADICATION ZONE REFERENDA.  (a)  The commissioner shall conduct a referendum in each proposed eradication zone to determine whether cotton growers desire to establish an eradication zone.
(b)  Eradication zone referenda shall be conducted under the procedures provided by Section 74.114 of this code.
(c)  A proposed eradication zone referendum ballot must include or be accompanied by information about the proposed eradication zone, including:
(1)  a statement of the purpose of the boll weevil or pink bollworm eradication program;
(2)  the geographic area included in the proposed eradication zone;
(3)  a general summary of rules adopted by the commissioner under Sections 74.114, 74.118, and 74.120 of this code, including a description of:
(A)  cotton grower responsibilities;  and
(B)  penalties for noncompliance with rules adopted under this subchapter;  and
(4)  an address and toll-free telephone number that a cotton grower may use to request more information about the referendum or the boll weevil or pink bollworm eradication program.
(d)  If a referendum to establish an eradication zone fails, the concurrent election of a board member from the proposed eradication zone under Section 74.106 has no effect, and the commissioner shall appoint a representative to the board from the area.
(e)  The foundation may request the commissioner to call additional referenda in a proposed eradication zone in which a referendum has failed.  An additional eradication zone referendum and concurrent board election may be held no earlier than one year after the date of the last referendum.
(f)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 577, Sec. 8, eff. June 14, 2013.
Amended by Acts 1995, 74th Leg., ch. 227, Sec. 3, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 1.06, 2.01, eff. May 30, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 577 (S.B. 818), Sec. 8, eff. June 14, 2013.
2023 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 74.106. Board Elections

Sec. 74.106.  BOARD ELECTIONS.  (a)  The initial election for board members from a proposed eradication zone shall be held concurrently with an eradication zone referendum held under Section 74.105. Each eradication zone shall be represented on the board and shall remain represented on the board until eradication operations are concluded and all debt of the eradication zone is paid.
(b)  A board election shall be conducted under the procedures provided by this section and Section 74.114 of this code.
(c)  A cotton grower who is eligible to vote in a referendum or election under this subchapter is eligible to be a candidate for and member of the board if the person has at least seven years of experience as a cotton grower and otherwise meets the qualifications for the position.
(d)  A cotton grower who wants to be a candidate for the board must meet the qualifications for board membership and file an application with the commissioner.  The application must be:
(1)  filed not later than the 30th day before the date set for the board election;
(2)  on a form approved by the commissioner;  and
(3)  signed by at least 10 cotton growers who are eligible to vote in the board election.
(e)  On receipt of an application and verification that the application meets the requirements of Subsection (d) of this section, an applicant's name shall be placed on the ballot for the board election.
(f)  An eligible voter may vote for a cotton grower whose name does not appear on the official ballot by writing that person's name on the ballot.
(g)  A board election must be preceded by at least 45 days notice published in one or more newspapers published and distributed in the proposed or established eradication zone.  The notice shall be published not less than once a week for three consecutive weeks.  Not later than the 45th day before the date of the election, direct written notice of the election shall be given to each county agent in the eradication zone.
(h)  Each board member shall be sworn into office by a representative of the commissioner by taking the oath of office required for elected officers of the state.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 463, Sec. 1.07, 2.02, eff. May 30, 1997.
2023 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 74.107. Composition of Board

Sec. 74.107.  COMPOSITION OF BOARD.  (a)  The board shall be composed of members elected from each statutory eradication zone established and validated by referendum, members elected from each nonstatutory eradication zone established by referendum, members appointed by the commissioner from other cotton-growing areas of the state, and members appointed by the commissioner under Subsection (b).  The commissioner shall appoint an initial board composed of 15 members.  Except as provided by Subsection (b), the term of each board position may not exceed four years.
(b)  In making appointments under this section, the commissioner shall appoint the following board members, selected from a variety of cotton-growing regions of the state, for four-year terms:
(1)  an agricultural lender;
(2)  an independent entomologist who is an integrated pest management specialist;
(3)  two representatives from industries allied with cotton production;  and
(4)  a representative from the pest control industry.
(c)  The commissioner may change the number of board positions or the eradication zone representation on the board to accommodate changes in the number of eradication zones.  A change under this subsection may not contravene another provision of this subchapter.
(d)  A vacancy on the board shall be filled by appointment by the commissioner for the unexpired term.
(e)  On 30 days' notice and opportunity for hearing, the commissioner may replace any unelected board member of the foundation.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 227, Sec. 4, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 1.08, eff. May 30, 1997.