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 71 - General Control › Subchapter B. Inspection of Nursery Products and Florist Items › Section 71.059. Civil Penalty; Injunction

Sec. 71.059.  CIVIL PENALTY;  INJUNCTION.  (a)  A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not less than $50 nor more than $1,000 for each violation.  Each day a violation continues may be considered a separate violation for purposes of a civil penalty assessment.
(b)  On request of the department, the attorney general or the county attorney or district attorney of the county in which the violation is alleged to have occurred shall file suit to collect the penalty.
(c)  A civil penalty collected under this section shall be deposited in the state treasury to the credit of the General Revenue Fund. All civil penalties recovered in suits first instituted by a local government or governments under this section shall be equally divided between the State of Texas and the local government or governments with 50 percent of the recovery to be paid to the General Revenue Fund and the other 50 percent equally to the local government or governments first instituting the suit.
(d)  The department is entitled to appropriate injunctive relief to prevent or abate a violation of this subchapter or a rule adopted under this subchapter.  On request of the department, the attorney general or the county or district attorney of the county in which the alleged violation is threatened or is occurring shall file suit for the injunctive relief.  Venue is in the county in which the alleged violation is threatened or is occurring.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 57, eff. Sept. 1, 1989.
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 B. Inspection of Nursery Products and Florist Items › Section 71.060. Stop-Sale Order

Sec. 71.060.  STOP-SALE ORDER.  (a)  If the department has reason to believe that a florist item or nursery product is in violation of this subchapter or a rule adopted under this subchapter, the department may issue and enforce a written order to stop the sale of the florist item or nursery product.  The department shall present the order to the owner or the person in control of the florist item or nursery product.  The person who receives the order may not sell the florist item or nursery product until discharged by a court under Subsection (b) of this section or until the department determines that the florist item or nursery product is in compliance with this subchapter and the rules adopted under this subchapter.
(b)  The owner or the person in control of any florist item or nursery product prohibited from sale by an order of the department is entitled to sue in a court of competent jurisdiction where the florist item or nursery product is found for a judgment as to the justification of the order and for the discharge of the florist item or nursery product from the order in accordance with the findings of the court.
(c)  This section does not limit the right of the department to proceed as authorized by another section of this subchapter.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 58, eff. Sept. 1, 1989.
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 C. Inspection of Vegetable Plants › Section 71.101. Duty of Department; Rules

Sec. 71.101.  DUTY OF DEPARTMENT;  RULES.  The department shall enforce this subchapter and may appoint inspectors and adopt rules necessary for that enforcement.
Acts 1981, 67th Leg., p. 1160, ch. 388, Sec. 1, eff. Sept. 1, 1981.
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 C. Inspection of Vegetable Plants › Section 71.102. Field Inspection

Sec. 71.102.  FIELD INSPECTION.  The department shall conduct field inspections of vegetable plants and certify those plants prior to the preparation for shipment in order to provide the purchaser of the plants with an honest and reliable opinion on the freedom of the plants from disease and fungus infection and insect infestation and to ensure the proper packaging and handling of certified plants.
Acts 1981, 67th Leg., p. 1160, ch. 388, Sec. 1, eff. Sept. 1, 1981.
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 C. Inspection of Vegetable Plants › Section 71.103. Inspection Certificate

Sec. 71.103.  INSPECTION CERTIFICATE.  (a)  Except as provided by Subsection (b) of this section, if the department determines following field inspection that the vegetable plants inspected are apparently free of injurious pests and of the diseases and insects listed in Sections 71.104-71.109 of this code, as applicable, the department shall issue a certificate tag or stamp for those plants.  Plants certified under this section shall be known as "state certified plants."
(b)  In addition to field inspections of sweet potatoes, certification of that plant shall be based on prior inspection of seed potatoes in the field, treatment, and bedding inspections that the department considers necessary to provide clean slips for sale or shipment.  Application for certification of sweet potato plants shall be made prior to harvesting time of the preceding season.
(c)  The certificate tag or stamp shall be firmly affixed to each container or bundle of plants at the point of origin for shipment of the plants.
Acts 1981, 67th Leg., p. 1160, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 211, Sec. 6, eff. Sept. 1, 1997.
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 C. Inspection of Vegetable Plants › Section 71.104. Tomato Diseases and Insects

Sec. 71.104.  TOMATO DISEASES AND INSECTS.  The department shall determine that tomato plants are apparently free from the following diseases and from damaging infestation of the following pests:
DISEASES
SCIENTIFIC NAME OF ORGANISM
Nematode root knot
Heterodera marioni
Early blight
Alternaria solani
Collar rot
Alternaria solani
Grey leaf spot
Stemphyllium solani
Late blight
Phytophthora infestans
Fusarium wilt
Fusarium lycopersici
Verticillium wilt
Verticillium albo-atrum
Bacterial wilt
Bacterium solanacearum
Bacterial canker
Coryneil bacterium michiganense
Bacterial spot
Xanthomonas vesicatoria
Southern blight
Sclerotium rolfsii
Mosaic
Virus
INSECTS
SCIENTIFIC NAME OF ORGANISM
Garden fleahopper
Halticus citri
Thrips
Thrips tabaci and others
Flea beetle
Phyllotreta spp.
Serpentine leaf miner
Liriomyza pusilla
Acts 1981, 67th Leg., p. 1160, 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 71 - General Control › Subchapter C. Inspection of Vegetable Plants › Section 71.105. Cruciferous Plant Diseases and Insects

Sec. 71.105.  CRUCIFEROUS PLANT DISEASES AND INSECTS.  The department shall determine that cruciferous plants, including cabbage, cauliflower, broccoli, and collards, are apparently free from the following diseases and from damaging infestation of the following insects:
DISEASES
SCIENTIFIC NAME OF ORGANISM
Nematode root knot
Heterodera marioni
Black rot
Bacterium campestre
Yellows
Fusarium conglutinans
Blackleg
Phoma lingam
INSECTS
Aphid
Brevicoryne brassicae and Rhopalosiphum pseudobrassicae
Acts 1981, 67th Leg., p. 1161, 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 71 - General Control › Subchapter C. Inspection of Vegetable Plants › Section 71.106. Pepper Diseases

Sec. 71.106.  PEPPER DISEASES.  The department shall determine that pepper plants are apparently free from the following diseases:
DISEASES
SCIENTIFIC NAME OF ORGANISM
Nematode root knot
Heterodera marioni
Southern blight
Sclerotium rolfsii
Bacterial spot
Xanthomonas vesicatoria
Bacterial wilt
Bacterium solanacearum
Verticillium wilt
Verticillium albo-atrum
Mosaic
Virus
Acts 1981, 67th Leg., p. 1161, 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 71 - General Control › Subchapter C. Inspection of Vegetable Plants › Section 71.107. Onion Diseases and Insects

Sec. 71.107.  ONION DISEASES AND INSECTS.  The department shall determine that onion plants are apparently free from the following diseases and from damaging infestation of the following insects:
DISEASES
SCIENTIFIC NAME OF ORGANISM
Pink root
Phoma terrestris
INSECTS
Thrips
Thrips tabaci
Acts 1981, 67th Leg., p. 1162, 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 71 - General Control › Subchapter C. Inspection of Vegetable Plants › Section 71.108. Eggplant Diseases

Sec. 71.108.  EGGPLANT DISEASES.  The department shall determine that eggplants are apparently free from the following diseases:
DISEASES
SCIENTIFIC NAME OF ORGANISM
Nematode root knot
Heterodera marioni
Southern blight
Sclerotium rolfsii
Leaf spot and fruit rot
Phomopsis vexans
Verticillium wilt
Verticillium albo-atrum
Bacterial wilt
Bacterium solanacearum
Yellows
Virus
Acts 1981, 67th Leg., p. 1162, 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 71 - General Control › Subchapter C. Inspection of Vegetable Plants › Section 71.109. Sweet Potato Diseases and Insects

Sec. 71.109.  SWEET POTATO DISEASES AND INSECTS.  The department shall determine that sweet potato plants are apparently free from the following plant diseases and insects:
DISEASES
SCIENTIFIC NAME OF ORGANISM
Stem rot or wilt
Fusarium batatis
Black rot
Sphaeronema fimbriatum
Pox
Cystospora batata
Nematode root knot
Heterodera marioni
Internal cork
Virus
INSECTS
Sweet potato weevil
Cylas formicarius
Acts 1981, 67th Leg., p. 1162, 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 71 - General Control › Subchapter C. Inspection of Vegetable Plants › Section 71.110. Treatment or Destruction of Plants

Sec. 71.110.  TREATMENT OR DESTRUCTION OF PLANTS.  (a)  If, at the time of field inspection, the department finds an injurious pest or disease or insect listed in Sections 71.104-71.109, as applicable, the grower of the plants shall delimit the infection or infestation and clean the plants by use of a disinfectant.
(b)  If infected or infested plants are not able to be cleaned under Subsection (a) of this section, the grower may destroy the part of the field infected or infested and the department may certify the remaining clean part of the field.
(c)  The grower of the plants shall furnish all materials, labor, and supervision necessary for carrying out this section.
Acts 1981, 67th Leg., p. 1162, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 211, Sec. 7, 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 71 - General Control › Subchapter C. Inspection of Vegetable Plants › Section 71.111. Certificate for Imported Plants

Sec. 71.111.  CERTIFICATE FOR IMPORTED PLANTS.  (a)  Except as provided by Subsection (b) of this section, a plant subject to certification under this subchapter that is shipped into this state shall have attached a certificate tag or stamp issued by the department and affixed at the point of origin.
(b)  If another state has a vegetable plant certification program similar to the program established by this subchapter, the department may enter into a reciprocal fee agreement with the other state under which vegetable plants with a certificate tag or stamp issued by the other state are permitted to enter this state without a certificate tag or stamp issued by this state.
Acts 1981, 67th Leg., p. 1163, 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 71 - General Control › Subchapter C. Inspection of Vegetable Plants › Section 71.112. Protection of Carriers From Liability

Sec. 71.112.  PROTECTION OF CARRIERS FROM LIABILITY.  A transportation company or common carrier is not liable for damages to the consignee or consignor for refusing to receive for transportation or refusing to deliver plants subject to certification under this subchapter that are not accompanied by a certificate tag or stamp.
Acts 1981, 67th Leg., p. 1163, 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 71 - General Control › Subchapter C. Inspection of Vegetable Plants › Section 71.113. Revocation of Certificate

Sec. 71.113.  REVOCATION OF CERTIFICATE.  The department may revoke a certificate tag or stamp issued to a plant grower who:
(1)  makes a false representation;  or
(2)  refuses to comply with this subchapter.
Acts 1981, 67th Leg., p. 1163, 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 71 - General Control › Subchapter C. Inspection of Vegetable Plants › Section 71.114. Fees

Sec. 71.114.  FEES.  (a)  A person applying for a certificate tag or stamp shall pay an inspection fee at the time of application.
(b)  The department shall charge an inspection fee, as provided by rule of the department.
(c)  In addition to the inspection fee, a person applying for certification of sweet potatoes shall pay a fee, as provided by department rule, for each certificate tag or stamp issued.
Acts 1981, 67th Leg., p. 1163, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.32, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 211, Sec. 8, 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 71 - General Control › Subchapter C. Inspection of Vegetable Plants › Section 71.115. Packaging and Labeling of Certified Plants

Sec. 71.115.  PACKAGING AND LABELING OF CERTIFIED PLANTS.  (a)  Each bundle or package of certified plants must be plainly labeled on the container with the count of the plants bundled or packaged.  The actual count may not differ by more than five percent from the stated count.
(b)  Sweet potato plants to be shipped must be packaged in bundles of 100 plants.
Acts 1981, 67th Leg., p. 1163, 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 71 - General Control › Subchapter C. Inspection of Vegetable Plants › Section 71.116. Penalties

Sec. 71.116.  PENALTIES.  (a)  A person commits an offense if the person:
(1)  wilfully or negligently violates a provision of this subchapter;  or
(2)  makes a false representation of plants by use of a certificate tag or stamp.
(b)  An offense under this section is a Class C misdemeanor.
(c)  A person finally convicted of an offense under this section shall be removed from the list of certified growers for a period of 12 months.
Acts 1981, 67th Leg., p. 1163, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 59, 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 71 - General Control › Subchapter C. Inspection of Vegetable Plants › Section 71.117. Civil Penalty; Injunction

Sec. 71.117.  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. 60, 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 71 - General Control › Subchapter D. Noxious and Invasive Plants › Section 71.151. List Required

Sec. 71.151.  LIST REQUIRED.  (a)  The department by rule shall publish a list of noxious and invasive plant species that have serious potential to cause economic or ecological harm to the state.  The department may publish lists of noxious and invasive plant species organized by region.
(b)  In preparing or amending a list under this section, the department shall:
(1)  consult with representatives from the agriculture industry, the horticulture industry, the Texas Cooperative Extension, the Texas Department of Transportation, the State Soil and Water Conservation Board, and the Parks and Wildlife Department;
(2)  consider any available scientific data and economic impact information for each plant species;  and
(3)  use any standard criteria established by the department.
Added by Acts 2003, 78th Leg., ch. 900, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 618 (H.B. 2313), Sec. 2, 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 71 - General Control › Subchapter D. Noxious and Invasive Plants › Section 71.152. Noxious or Invasive Plant Sale, Distribution, or Importation Prohibited

Sec. 71.152.  NOXIOUS OR INVASIVE PLANT SALE, DISTRIBUTION, OR IMPORTATION PROHIBITED.  (a)  A person commits an offense if the person sells, distributes, or imports into the state a noxious or invasive plant species included on the department's list described under Section 71.151.
(b)  An offense under this section is a Class C misdemeanor.
(c)  A person commits a separate offense for each noxious or invasive plant item or unit sold, distributed, or imported.
Added by Acts 2003, 78th Leg., ch. 900, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 618 (H.B. 2313), Sec. 3, 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 71 - General Control › Subchapter D. Noxious and Invasive Plants › Section 71.153. Local Regulation

Sec. 71.153.  LOCAL REGULATION.  (a)  A political subdivision may not adopt an ordinance or rule that restricts the planting, sale, or distribution of noxious or invasive plant species.
(b)  This section does not limit the preparation and distribution of educational materials relating to plants of local concern.
Added by Acts 2005, 79th Leg., Ch. 618 (H.B. 2313), Sec. 4, 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 71 - General Control › Subchapter D. Noxious and Invasive Plants › Section 71.154. Disclaimer Required

Sec. 71.154.  DISCLAIMER REQUIRED.  (a)  A public entity, other than the department, that produces for public distribution to commercial or residential landscapers a list of noxious or invasive terrestrial plant species that includes a species growing in this state shall provide with the list a disclaimer that states: "THIS PLANT LIST IS ONLY A RECOMMENDATION AND HAS NO LEGAL EFFECT IN THE STATE OF TEXAS.  IT IS LAWFUL TO SELL, DISTRIBUTE, IMPORT, OR POSSESS A PLANT ON THIS LIST UNLESS THE TEXAS DEPARTMENT OF AGRICULTURE LABELS THE PLANT AS NOXIOUS OR INVASIVE ON THE DEPARTMENT'S PLANT LIST."
(b)  A public entity, other than the department, that produces a list of noxious or invasive terrestrial plant species in printed material made for public distribution to commercial or residential landscapers, including a newspaper, trade publication, notice, circular, or Internet website, shall post the disclaimer required by Subsection (a) in at least 12-point type in a conspicuous location readily visible by persons viewing the list.
(c)  The department shall adopt rules requiring a public entity to include the disclaimer required by Subsection (a) in a manner equivalent to the manner described by Subsection (b) for publication of the entity's list of noxious or invasive terrestrial plant species through media not described by Subsection (b), including billboards, radio productions, and television productions.
Added by Acts 2011, 82nd Leg., R.S., Ch. 688 (H.B. 338), Sec. 1, eff. September 1, 2011.
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 E. Plant Pest and Disease Detection and Surveillance › Section 71.201. Definitions

Sec. 71.201.  DEFINITIONS.  In this subchapter:
(1)  "Cooperative agreement" means an agreement described by Section 71.202.
(2)  "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.
(3)  "Interested parties" include the following organizations or a successor organization:
(A)  Plains Cotton Growers;
(B)  South Texas Cotton and Grain Association;
(C)  Texas Citrus Mutual;
(D)  Texas Corn Producers;
(E)  Texas Farm Bureau;
(F)  Texas Grain Sorghum Association; and
(G)  Texas Nursery and Landscape Association.
(4)  "Plant pest and disease detection and surveillance" means the full range of activities undertaken to detect plant pests and diseases newly introduced to this state or to a certain area of this state before a pest or disease becomes established or an infestation of a pest or outbreak of a disease becomes too large and costly to eradicate or control.  The term includes activities undertaken to detect pests and diseases affecting specialty crops.
(5)  "Specialty crop" means a fruit, vegetable, tree nut, dried fruit, or nursery crop, including floriculture.
Added by Acts 2021, 87th Leg., R.S., Ch. 27 (H.B. 2089), Sec. 1, 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 71 - General Control › Subchapter E. Plant Pest and Disease Detection and Surveillance › Section 71.202. Cooperative Agreement

Sec. 71.202.  COOPERATIVE AGREEMENT.  (a)  The department shall enter into a cooperative agreement with an institution of higher education that agrees to conduct plant pest and disease detection and surveillance.
(b)  In carrying out this section, the department shall consult with the State Seed and Plant Board and other interested parties.
Added by Acts 2021, 87th Leg., R.S., Ch. 27 (H.B. 2089), Sec. 1, 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 71 - General Control › Subchapter E. Plant Pest and Disease Detection and Surveillance › Section 71.203. Application

Sec. 71.203.  APPLICATION.  (a)  An institution of higher education may apply to enter into a cooperative agreement by submitting to the department an application containing the information required by the department.
(b)  The department shall notify each applicant of the:
(1)  auditing and reporting requirements that will apply to an institution of higher education in connection with the use of any money provided by the department to the institution of higher education under the cooperative agreement;
(2)  criteria to be used to ensure that plant pest and disease detection and surveillance conducted under the cooperative agreement are based on sound scientific data or risk assessments; and
(3)  required means of identifying pathways of pest and disease introduction.
Added by Acts 2021, 87th Leg., R.S., Ch. 27 (H.B. 2089), Sec. 1, 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 71 - General Control › Subchapter E. Plant Pest and Disease Detection and Surveillance › Section 71.204. Use of Funds

Sec. 71.204.  USE OF FUNDS.  (a)  An institution of higher education shall use any money received under a cooperative agreement to carry out plant pest and disease detection and surveillance approved by the department to prevent the introduction or spread of plant pests and diseases.
(b)  The non-state share of the cost of carrying out a cooperative agreement may be provided in-kind, including by covering certain indirect costs the department considers appropriate.
(c)  The department may not consider an applicant's ability to pay or cover non-state costs when deciding whether to enter into a cooperative agreement with the applicant.
Added by Acts 2021, 87th Leg., R.S., Ch. 27 (H.B. 2089), Sec. 1, 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 71 - General Control › Subchapter E. Plant Pest and Disease Detection and Surveillance › Section 71.205. Special Funding Considerations

Sec. 71.205.  SPECIAL FUNDING CONSIDERATIONS.  The department shall provide money to an institution of higher education to carry out plant pest and disease detection and surveillance under a cooperative agreement if the department determines that:
(1)  the institution of higher education is in a region of this state that has a high risk of being affected by one or more plant pests or diseases based on:
(A)  the region's conduciveness to agricultural pest and disease establishment due to location, agricultural commodities produced, climate, crop diversity, or natural resources; or
(B)  the department's determination that an agricultural pest or disease in the region is a state or federal concern; and
(2)  the plant pest and disease detection and surveillance supported by the money will likely:
(A)  prevent the introduction, establishment, or widespread dissemination of plant pests and diseases; and
(B)  provide a comprehensive approach to complement federal and state plant pest and disease detection efforts.
Added by Acts 2021, 87th Leg., R.S., Ch. 27 (H.B. 2089), Sec. 1, 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 71 - General Control › Subchapter E. Plant Pest and Disease Detection and Surveillance › Section 71.206. Reporting Requirements

Sec. 71.206.  REPORTING REQUIREMENTS.  An institution of higher education that conducts a plant pest and disease detection and surveillance activity using money provided under this subchapter shall, not later than the 90th day after the date the activity is completed, submit to the department a report describing the purposes and results of the activity.
Added by Acts 2021, 87th Leg., R.S., Ch. 27 (H.B. 2089), Sec. 1, 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 71 - General Control › Subchapter E. Plant Pest and Disease Detection and Surveillance › Section 71.207. Threat Identification and Mitigation Program

Sec. 71.207.  THREAT IDENTIFICATION AND MITIGATION PROGRAM.  (a)  The department shall establish a threat identification and mitigation program to determine and address threats to the domestic production of crops, including specialty crops.
(b)  Under the program, the department shall:
(1)  develop risk assessments for potential threats from foreign sources to the agricultural industry of this state;
(2)  describe the status of plant pests and diseases present or established in this state and management strategies currently employed to contain the spread of those pests and diseases;
(3)  collaborate with the State Seed and Plant Board and interested parties; and
(4)  implement action plans to assist in preventing the introduction and widespread dissemination of new or highly consequential plant pests and diseases in this state.
(c)  Not later than September 1 of each year, the department shall submit to the committees of the senate and house of representatives with primary jurisdiction over agriculture and rural affairs a report on the action plans described by this section, including an accounting of money spent in connection with those plans.
Added by Acts 2021, 87th Leg., R.S., Ch. 27 (H.B. 2089), Sec. 1, 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 72 - Mexican Fruit Fly Control › Subchapter A. General Provisions › Section 72.001. Definitions

Sec. 72.001.  DEFINITIONS.  In this chapter:
(1)  "Host fruit" means a fruit susceptible to infestation by the Mexican fruit fly.
(2)  "Mexican fruit fly" means the insect Anastrepha ludens, Loew.
(3)  "Premises" means a grove, orchard, farm, yard, lawn, or tract of land on which citrus or other host fruit is grown, enclosed or unenclosed, or a barn, storehouse, warehouse, shed, boxcar, truck, or other building, receptacle, or conveyance capable of use for storing, packing, processing, or transporting citrus or other host fruits.
(4)  "Quarantined area" means a county or part of a county under a quarantine or modified quarantine.
(5)  "Sell" includes offer to sell, expose for sale, possess for sale, exchange, barter, or trade.
Acts 1981, 67th Leg., p. 1165, 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 A. General Provisions › Section 72.002. Administration; Rules

Sec. 72.002.  ADMINISTRATION;  RULES.  (a)  The department shall administer this chapter in order to control or eradicate the Mexican fruit fly in this state and to protect all premises in this state from that pest.
(b)  The department may adopt rules as necessary for the administration of this chapter.
Acts 1981, 67th Leg., p. 1165, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 9.16, eff. September 1, 2009.
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 A. General Provisions › Section 72.004. Entry Power

Sec. 72.004.  ENTRY POWER.  In enforcing this chapter, the department may enter on any premises to inspect the premises or a tree, plant, shrub, or fruit growing or stored on the premises.
Acts 1981, 67th Leg., p. 1165, 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 A. General Provisions › Section 72.005. Reports and Notices

Sec. 72.005.  REPORTS AND NOTICES.  A report, notice, statement, or record required by this chapter shall be in English and, unless otherwise provided, shall be in writing.
Acts 1981, 67th Leg., p. 1165, 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 A. General Provisions › Section 72.006. Prosecutions

Sec. 72.006.  PROSECUTIONS.  On request of the department, an enforcement officer, or another interested person, the district or county attorney of any county in which a violation of a provision of this chapter occurs shall prosecute the violation.
Acts 1981, 67th Leg., p. 1165, 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 B. Quarantines › Section 72.011. Establishment

Sec. 72.011.  ESTABLISHMENT.  (a)  When advised of the existence of Mexican fruit fly within a county or part of a county in this state, the department shall certify that fact and proclaim the county or part of a county quarantined under this chapter.
(b)  If the department determines that the exigencies of the situation require a modified quarantine, the department may designate a modified quarantined area.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 506, Sec. 9.23(3), eff. September 1, 2009.
Acts 1981, 67th Leg., p. 1165, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 9.17, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 9.23(3), eff. September 1, 2009.
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 B. Quarantines › Section 72.012. Persons and Premises Subject

Sec. 72.012.  PERSONS AND PREMISES SUBJECT.  The premises of each individual, whether an owner, lessee, renter, tenant, or occupant, within the area named in the quarantine are subject to the quarantine, even though not specifically named.
Acts 1981, 67th Leg., p. 1166, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 9.18, eff. September 1, 2009.
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 B. Quarantines › Section 72.013. Term

Sec. 72.013.  TERM.  A quarantine established under this subchapter is effective until modified or removed by the department.
Acts 1981, 67th Leg., p. 1166, 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 B. Quarantines › Section 72.014. Designated Counties

Sec. 72.014.  DESIGNATED COUNTIES.  Cameron, Hidalgo, and Willacy counties are designated as quarantined for the purposes of this chapter.
Acts 1981, 67th Leg., p. 1166, 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 B. Quarantines › Section 72.015. Movement of Fruit in Violation of Quarantine; Certificate

Sec. 72.015.  MOVEMENT OF FRUIT IN VIOLATION OF QUARANTINE;  CERTIFICATE.  (a)  A person may not haul, truck, or otherwise move citrus fruit from any premises or area that is under quarantine for Mexican fruit fly infestation by this chapter or by order of the department in violation of the quarantine without a written permit or certificate issued by the department or an inspector of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, United States Department of Agriculture.
(b)  A person may not move citrus fruit into this state from any state, nation, territory, or area that is under quarantine for Mexican fruit fly infestation by the department, by the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, United States Department of Agriculture, or by the sanitary authority of the state, nation, or territory from which the fruit is moved, without a certificate issued by the department.
(c)  A person who has been issued a certificate under Subsection (a) or (b) of this section may not transport citrus fruit from a quarantined area to any place other than the place designated on the certificate.
(d)  An owner, part owner, or caretaker may not permit or allow citrus fruit to be shipped or transported in violation of Subsection (a) or (b) of this section.
Acts 1981, 67th Leg., p. 1166, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 9.19, eff. September 1, 2009.
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 C. Infestation Control › Section 72.021. Determination of Infestation

Sec. 72.021.  DETERMINATION OF INFESTATION.  (a)  If an accredited entomologist finds or knows that the larvae of the Mexican fruit fly exist on premises within a quarantined area, the entomologist shall certify the fact of the infestation to the department.
(b)  The department shall determine whether the infestation exists and the extent of the infestation.  The department may refer the issue to the citrus quarantine advisory committee of any county in which the premises are located.
Acts 1981, 67th Leg., p. 1166, 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 C. Infestation Control › Section 72.022. Citrus Quarantine Advisory Committee

Sec. 72.022.  CITRUS QUARANTINE ADVISORY COMMITTEE.  (a)  The commissioners court of a county in a quarantined area shall appoint a citrus quarantine advisory committee composed of four citrus growers and one representative of the department.  The four citrus growers appointed by the court are subject to the approval of the department.  The department shall nominate its representative on the committee.
(b)  If advised by the department that an infestation exists on premises within the county, the advisory committee shall determine the extent of the infestation and recommend to the department the procedure for eliminating the infestation.
Acts 1981, 67th Leg., p. 1167, 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 C. Infestation Control › Section 72.023. Method of Control

Sec. 72.023.  METHOD OF CONTROL.  (a)  Taking into consideration the recommendations of the appropriate citrus quarantine advisory committee, the department shall determine the best method of controlling or eradicating a Mexican fruit fly infestation.
(b)  The department shall serve written findings and directions for control or eradication of the infestation on the owner of the infested premises.  The owner shall immediately comply with the directions of the department.
Acts 1981, 67th Leg., p. 1167, 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 C. Infestation Control › Section 72.024. Host-Free Period

Sec. 72.024.  HOST-FREE PERIOD.  (a)  The department may adopt the host-free period adopted by the United States Department of Agriculture for Mexican fruit fly quarantine in this state.  During a host-free period, host fruits may not be produced or permitted to remain on trees within a quarantined area.
(b)  All old crop fruit shall be removed from premises in a quarantined area at the beginning of an annual host-free period.
(c)  In addition to other fruits declared by the department to be host fruits, the following fruits are host fruits for the purpose of this chapter:
(1)  mangoes;
(2)  sapotas, including sapodillas, fruits of the family Sapotaceae and the genus Casimiroa, and all other fruits commonly called sapotas or sapotes;
(3)  peaches;
(4)  guavas;
(5)  apples;
(6)  pears;
(7)  plums;
(8)  quinces;
(9)  apricots;
(10)  mameys;
(11)  ciruelas;  and
(12)  all citrus fruits, except lemons, sour limes, calamondin, and citrus fruit that, because of its stage of development during the host-free period, will mature during the period of the year not within the host-free period.
Acts 1981, 67th Leg., p. 1167, 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 C. Infestation Control › Section 72.025. Unhusbandlike and Unsanitary Conditions; Orders of Department

Sec. 72.025.  UNHUSBANDLIKE AND UNSANITARY CONDITIONS;  ORDERS OF DEPARTMENT.  (a)  It is a public nuisance to maintain premises in a quarantined area in an unhusbandlike or unsanitary condition.  A person maintains an unhusbandlike or unsanitary condition if the person:
(1)  has host fruit on trees on the premises during the host-free period;  or
(2)  permits fallen, refuse, or cull fruit to remain on the ground or premises for a period of seven days or more during the harvest period.
(b)  Within the harvest period, each person shall clean fallen, refuse, or cull fruit from his or her premises once in each seven-day period.  The fruit shall be buried at a depth of not less than 18 inches below the surface of well-tamped soil or disposed of in another manner satisfactory to the department.
(c)  The department may order each owner, part owner, or caretaker of premises subject to this chapter to place the premises in husbandlike and sanitary condition.  The order shall be in writing, dated, and signed or stamped by the commissioner or the commissioner's designee.  The order shall direct the owner, part owner, or caretaker to place the premises in husbandlike and sanitary condition under the supervision of an inspector of the department.  If the owner is a nonresident, the department shall give the owner 10 days' notice of the order by registered mail.
Acts 1981, 67th Leg., p. 1167, 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 C. Infestation Control › Section 72.026. Expenses of and Responsibility for Compliance With Order of Department

Sec. 72.026.  EXPENSES OF AND RESPONSIBILITY FOR COMPLIANCE WITH ORDER OF DEPARTMENT.  (a)  If the department issues an order under Section 72.025(c) of this code, the owner, part owner, or caretaker of the premises involved shall furnish the labor necessary to comply with the order at his or her own expense.
(b)  An administrator, executor, or guardian is responsible for the execution of orders under Section 72.025(c) of this code relating to premises that are part of an estate under the control of that person by reason of the administration or guardianship.
(c)  A husband and wife are jointly and severally responsible for the execution of an order under Section 72.025(c) of this code in relation to their community estate.  Each spouse is responsible for the execution of an order in relation to his or her separate estate.  In addition, each spouse is responsible for the execution of an order in relation to the other spouse's separate estate if he or she is the caretaker of premises belonging to the separate estate of the other spouse.
Acts 1981, 67th Leg., p. 1168, 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 72.041. Appeal of Department Order

Sec. 72.041.  APPEAL OF DEPARTMENT ORDER.  A person aggrieved by an order of the department may appeal to a court of competent jurisdiction within the county in which the premises subject to the order are located.
Acts 1981, 67th Leg., p. 1168, ch. 388, Sec. 1, eff. Sept. 1, 1981.