2023 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 71.0092. Seizure, Treatment, Handling, and Destruction of Certain Materials Within Quarantined Area

Sec. 71.0092.  SEIZURE, TREATMENT, HANDLING, AND DESTRUCTION OF CERTAIN MATERIALS WITHIN QUARANTINED AREA.  (a)  In this section, "quarantined article" means:
(1)  a plant, plant product, substance, or other item capable of hosting or facilitating the dissemination of an insect pest or plant disease that is the subject of a quarantine established by the department under this subchapter;  or
(2)  a motor vehicle, railcar, other conveyance, or equipment used for, or intended for use in, the transportation or production of an item described by Subdivision (1).
(b)  The department by rule may establish treatment and handling requirements for a quarantined article found within a quarantined area.  The requirements must be designed to:
(1)  prevent dissemination of a dangerous insect pest or plant disease outside the quarantined area or into a pest-free area in the state;
(2)  prevent infestation of a quarantined article by a dangerous insect pest or plant disease that is subject to a quarantine established by the department under this subchapter;
(3)  decrease the occurrence in this state or a quarantined area of this state of a dangerous insect pest or plant disease that is subject to a quarantine established by the department under this subchapter;  or
(4)  facilitate the eradication of a dangerous insect pest or plant disease that is subject to a quarantine established by the department under this subchapter.
(c)  A person in possession or control of a quarantined article located in a quarantined area shall comply with department rules and orders regarding treatment and handling of the quarantined article.
(d)  If a person in possession or control of a quarantined article located in a quarantined area fails to comply with a department rule or order under this section, the department may at the expense of the person or of the owner of the article:
(1)  seize the quarantined article and, subject to available department resources and Section 71.010:
(A)  isolate the article in a manner designed to prevent the dissemination of the dangerous insect pest or plant disease until the article no longer represents a danger of dissemination or until the person agrees to comply with the rule or order;
(B)  treat the article to eliminate the danger of dissemination of the dangerous insect pest or plant disease;  or
(C)  destroy the article;  or
(2)  seek an injunction from a district court in Travis County ordering the person to:
(A)  comply with the department's rule or order;  or
(B)  surrender possession of the quarantined article to the department for disposition under Subdivision (1).
(e)  If the owner of a quarantined article seized under this section is unknown to the department, the department shall publish notice that not earlier than the fifth day after the date on which the notice is published or posted the department may destroy, treat, or isolate the quarantined article at the owner's expense.  The department must publish the notice for three consecutive days in a newspaper of general circulation in the county in which the quarantined article was seized.  The notice must include a description of the quarantined article.  If an owner claims the quarantined article before the date described by the notice and agrees in writing to treat or handle the article in a manner provided by department rule or order, the department shall deliver the quarantined article to the owner at the owner's expense.  If an owner does not claim the quarantined article before the date described by the notice, the department may destroy or arrange for the destruction of the quarantined article or continue to isolate or treat the quarantined article at the owner's expense.  If an owner refuses to agree in writing to comply with the department's rule or order regarding treatment or handling of a quarantined article, the department may destroy or arrange for the destruction of the quarantined article or continue to isolate or treat the quarantined article at the owner's expense, subject to Section 71.010.
(f)  In enforcing this section, the department may seek the assistance of the Department of Public Safety under Section 71.0101, or any law enforcement officer of the county in which the quarantined article is located.  The Department of Public Safety or local law enforcement officer shall cooperate with the department and provide any assistance necessary to implement this section.
(g)  The owner of a quarantined article treated, isolated, or destroyed by the department under this section is liable to the department for the costs of treatment, isolation, and destruction, and the department may bring suit to collect the costs.
(h)  The attorney general is entitled to court costs and reasonable attorney's fees in any suit brought on behalf of the department under this section, including any suit for an injunction.
(i)  The department may enter into an agreement with a public or private entity to obtain assistance in defraying the cost of implementing this section.
Added by Acts 2003, 78th Leg., ch. 369, Sec. 8, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1107, Sec. 3, eff. June 20, 2003.