reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 64 - Arbitration of Seed Performance Disputes › Section 64.006. Arbitration Procedures

Sec. 64.006.  ARBITRATION PROCEDURES.  (a)  A purchaser may begin arbitration by filing with the commissioner a sworn complaint and a filing fee, as provided by department rule.  The purchaser shall send a copy of the complaint to the seller by certified mail.
(b)  Not later than the 15th day after the date the seller receives a copy of the complaint, the seller shall file with the commissioner an answer to the complaint and send a copy of the answer to the purchaser by certified mail.
(c)  The commissioner shall refer the complaint and the answer to the arbitration board for investigation, findings, and recommendations.
(d)  On referral of the complaint for investigation, the arbitration board shall make a prompt and full investigation of the matters complained of and report its findings and recommendations to the commissioner not later than the 60th day after the date of the referral, or before a later date determined by the parties.
(e)  The report of the arbitration board shall include findings of fact, conclusions of law, and recommendations as to costs, if any.  If there is a cost, the commissioner shall assess the cost of arbitration against any party found responsible.
(f)  In the course of its investigation, the arbitration board or any of its members may:
(1)  examine the purchaser and the seller on all matters that the arbitration board considers relevant;
(2)  grow to production a representative sample of the seed through the facilities of the commissioner or a designated university under the commissioner's supervision;  or
(3)  hold informal hearings at the time and place the chairman of the State Seed and Plant Board directs, with reasonable notice to all parties.
(g)  The arbitration board may delegate all or any part of any investigation to one or more of its members.  Any delegated investigation shall be summarized in writing and considered by the arbitration board in its report.
(h)  The arbitration board shall consider any field inspection or other data submitted by either party in its report and recommendation.
(i)  The members of the arbitration board serve without compensation but are entitled to reimbursement for expenses incurred in the performance of their duties in the amounts provided by the General Appropriations Act.
(j)  After the arbitration board has filed a report of arbitration, the commissioner shall promptly transmit the report by certified mail to all parties.
Added by Acts 1989, 71st Leg., ch. 604, Sec. 1, eff. Jan. 1, 1990.  Amended by Acts 1993, 73rd Leg., ch. 598, Sec. 4, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 419, Sec. 2.25, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 543, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 64 - Arbitration of Seed Performance Disputes › Section 64.0065. Effect of Noncompliance

Sec. 64.0065.  EFFECT OF NONCOMPLIANCE.  The arbitration board may dismiss a purchaser's claim to arbitration if the purchaser fails to submit the claim within the period prescribed by Section 64.002(a).
Added by Acts 2003, 78th Leg., ch. 543, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 64 - Arbitration of Seed Performance Disputes › Section 64.007. Department Rules

Sec. 64.007.  DEPARTMENT RULES.  The department may adopt rules necessary to carry out the purposes of this chapter.
Added by Acts 1989, 71st Leg., ch. 604, Sec. 1, eff. Jan. 1, 1990.
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 71.001. Quarantines Against Out-of-State Diseases and Pests

Sec. 71.001.  QUARANTINES AGAINST OUT-OF-STATE DISEASES AND PESTS.  If the department determines that a dangerous insect pest or plant disease new to and not widely distributed in this state exists in any area outside the state, the department shall establish a quarantine against the infested area at the boundaries of the state or in other areas within the state.
Acts 1981, 67th Leg., p. 1151, 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 A. Inspections; Quarantines; Control and Eradication Zones › Section 71.002. Quarantines Against In-State Diseases and Pests

Sec. 71.002.  QUARANTINES AGAINST IN-STATE DISEASES AND PESTS.  If the department determines that a dangerous insect pest or plant disease not widely distributed in this state exists within an area of the state, the department shall quarantine the infested area.
Acts 1981, 67th Leg., p. 1151, 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 A. Inspections; Quarantines; Control and Eradication Zones › Section 71.003. Quarantines Around Pest-Free Areas

Sec. 71.003.  QUARANTINES AROUND PEST-FREE AREAS.  (a)  If the department determines that an insect pest or plant disease of general distribution in this state does not exist in an area, the department may declare the area pest-free and quarantine surrounding areas.
(b)  Venue for a case arising under this section is in a county contained in the pest-free area.
Acts 1981, 67th Leg., p. 1151, 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 A. Inspections; Quarantines; Control and Eradication Zones › Section 71.004. Emergency Quarantines

Sec. 71.004.  EMERGENCY QUARANTINES.  (a)  The department may establish an emergency quarantine without notice and public hearing if the department determines that a public emergency exists in which there is the likelihood of introduction or dissemination of an insect pest or plant disease that is dangerous to the interests of horticulture and agriculture in this state.
(b)  The department may establish the emergency quarantine at the boundaries of the state or in other areas within the state.
(c)  The emergency quarantine and rules adopted in order to prevent the introduction or spread of the pest or disease are effective immediately on establishment or adoption.
(d)  An emergency quarantine shall be established in accordance with the provisions related to emergency rulemaking in Chapter 2001, Government Code.
Acts 1981, 67th Leg., p. 1151, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 9.15, 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 71 - General Control › Subchapter A. Inspections; Quarantines; Control and Eradication Zones › Section 71.005. Movement of Plants From Quarantined Area

Sec. 71.005.  MOVEMENT OF PLANTS FROM QUARANTINED AREA.  (a)  Except as provided by Subsection (b) of this section, the department shall prevent the movement, from a quarantined area into an unquarantined area or pest-free area, of any plant, plant product, or substance capable of disseminating the pest or disease that is the basis for the quarantine or is not found in the pest-free area.
(b)  A plant, plant product, or substance prohibited from movement by a quarantine established under Section 71.001, 71.002, or 71.004 of this code may be moved into an unquarantined area if moved under safeguards considered by the department to be adequate to prevent the introduction or spread of the pest or disease into the state or an unquarantined area.
(c)  The department may charge a fee, as provided by department rule, for an inspection required for the movement of plants into or out of a quarantined area.
Acts 1981, 67th Leg., p. 1152, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 9.07, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 419, Sec. 2.26, eff. Sept. 1, 1995.
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 71.006. Hearing

Sec. 71.006.  HEARING.  (a)  Before quarantining an area under Section 71.001, 71.002, or 71.003 of this code, the chief entomologist of the department and, if appointed, one or more other persons appointed by the commissioner, shall hold a public hearing in a convenient and accessible place in order to investigate the pest or disease and determine if the pest or disease is a menace to a valuable plant or plant product.  The persons conducting the hearing shall take the constitutional oath of office and may administer oaths to take testimony.
(b)  The persons conducting the hearing shall record the proceedings and make a written report to the department with findings, and reasons supporting the findings as to:
(1)  whether the pest or disease is a menace to an agricultural or horticultural crop;
(2)  whether a quarantine is necessary or desirable;  and
(3)  if a quarantine is necessary or desirable, the best known means of controlling or exterminating the pest or disease.
(c)  Following receipt of the report under Subsection (b) of this section, the department may establish the quarantine and adopt rules as necessary to the protection of the agricultural or horticultural interests of this state.
Acts 1981, 67th Leg., p. 1152, 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 A. Inspections; Quarantines; Control and Eradication Zones › Section 71.007. Rules

Sec. 71.007.  RULES.  (a)  In addition to other rules necessary for the protection of agricultural and horticultural interests, the department may adopt rules that:
(1)  prevent the selling, moving, or transporting of any plant, plant product, or substance that is found to be infested or found to be from a quarantined area;
(2)  provide for the destruction of trees or fruits;
(3)  provide for the cleaning or treatment of orchards;
(4)  provide for methods of storage;
(5)  prevent entry into a pest-free zone of any plant, plant product, or substance found to be dangerous to the agricultural and horticultural interests of the zone;
(6)  provide for the maintenance of a host-free period in which certain fruits are not allowed to ripen;
(7)  provide for specific treatment of a grove or orchard or of infested or infected plants, plant products, or substances; or
(8)  provide for a program to manage or eradicate exotic citrus diseases, including citrus canker and citrus greening.
(b)  Rules adopted under Subsection (a)(8) shall establish, based on scientific evidence, when a healthy but suspect citrus plant must be destroyed, and may provide for compensation to an owner of a plant destroyed under this subsection.
Acts 1981, 67th Leg., p. 1152, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 242, ch. 22, art. II, Sec. 2, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1050 (H.B. 4577), Sec. 1, eff. September 1, 2009.
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 71.008. Control or Eradication Zone

Sec. 71.008.  CONTROL OR ERADICATION ZONE.  (a)  On request of the commissioners court of any county, the department shall investigate whether a certain insect pest or plant disease exists in the county.  Based on that investigation, the department shall make a written report to the commissioners court stating:
(1)  the nature of the infestation, if any;
(2)  the best known method of controlling or eradicating the pest or disease;
(3)  the treatment or method necessary to be applied in each case;  and
(4)  a detailed description of the method of making, procuring, and applying the recommended preparation or treatment and the time and duration of the treatment.
(b)  After receiving the report of the department, the commissioners court may conduct a public hearing on the report.  The commissioners court may publish the text of the report and notice of the hearing for two consecutive weeks in a newspaper of general circulation in each area under consideration.  The commissioners court shall hold the hearing not less than 15 days after the first day of published notice.  Any interested person is entitled to be heard at the hearing.
(c)  After the hearing, the commissioners court shall make a written report of its conclusions to the department.  If the commissioners court approves the recommendations of the department and determines that the recommended measures should be applied in the area under consideration, the commissioners court by order entered in its minutes shall request that the department establish a control zone or an eradication zone in each applicable area.
(d)  If requested to establish a control or eradication zone under Subsection (c) of this section, the department shall issue a proclamation designating the appropriate area a control zone or an eradication zone, as applicable, and shall adopt rules governing the control or eradication of the pest or disease within the zone.  No person may commit an act prohibited by the rules or refuse to perform an act as required by the rules.
(e)  A commissioners court may appropriate funds from the general revenue of the county and employ aid as necessary to carry out this section.
(f)  This section does not restrict the department's authority to establish on its own initiative an eradication program within a quarantined area to protect the state's agricultural resources.
Acts 1981, 67th Leg., p. 1153, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 2003, 78th Leg., ch. 369, Sec. 7, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1107, Sec. 2, eff. June 20, 2003.
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 71.0081. Vehicle Inspections for Insect Pests or Plant Diseases

Sec. 71.0081.  VEHICLE INSPECTIONS FOR INSECT PESTS OR PLANT DISEASES.  (a)  If the department establishes a quarantine or, without establishing a quarantine, determines that there is a likelihood of introduction or dissemination of an insect pest or plant disease that is dangerous to the interests of horticulture or agriculture in this state, the department may stop and inspect vehicles entering this state or moving within this state to determine if the vehicle contains a plant, plant product, or other substance capable of introducing or disseminating the pest or disease.
(b)  The department may conduct inspections under this section on a continual or periodic basis, as the commissioner determines is necessary or effective.
(c)  The department may establish checkpoints to carry out the purposes of this subchapter at entry points to the state or along any public road in the state and construct permanent road stations at the checkpoints in cooperation with other state agencies.
(c-1)  The department may enter into an agreement with a corporation or other private entity to provide goods or services for the establishment and operation of checkpoints or the performance of inspections under this section.
(d)  The department may adopt rules necessary to the conduct of inspections under this section.
Added by Acts 1981, 67th Leg., 1st C.S., p. 242, ch. 22, art. II, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 1236, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 2, eff. June 18, 2005.
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 71.0082. Inspections for Certain Pests and Diseases

Sec.  71.0082.  INSPECTIONS FOR CERTAIN PESTS AND DISEASES.  (a)  In addition to vehicle inspections authorized under Section 71.0081, the department and the Texas Animal Health Commission, under the direction of the department, shall jointly conduct road station and interstate shipment inspections as feasible at strategic points throughout this state and as determined to be appropriate by the department and the Texas Animal Health Commission, taking into consideration the significance of plant and animal inspections in proactively protecting this state's borders.
(b)  The department may enter into an agreement with a corporation or other private entity to provide goods or services for the establishment and operation of checkpoints or the performance of inspections under this section.
Added by Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 3, eff. June 18, 2005.
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 71.010. Appeals

Sec. 71.010.  APPEALS.  (a)  A person who is aggrieved and will be injured by a quarantine or whose property is to be destroyed by order of the department is entitled to appeal to the district court of any county in which the quarantine or order is established or issued.  In order to appeal, the person must give written notice of appeal to the department not later than the 10th day following the date of the order or proclamation.  The notice must name the district court in which the application is filed.
(b)  Immediately after receipt of a notice of appeal, the department shall make a certified copy of the order or proclamation and transmit it to the district court named in the notice.
(c)  On receipt of the application for appeal and copy of the order or proclamation, the clerk of the court shall docket the cause on the civil docket in the style:  "__________________, Commissioner of Agriculture vs. __________________, defendant."  The suit shall be tried in the manner provided for the trial of civil cases.  The judgment of the court on final hearing shall be "that the orders and proclamations of the commissioner be approved and enforced" or "that said orders and proclamations be and are vacated and held for naught," as the court may determine.
Acts 1981, 67th Leg., p. 1154, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 211, Sec. 5, eff. Sept. 1, 1997.
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 71.0101. Department of Public Safety to Cooperate

Sec. 71.0101.  DEPARTMENT OF PUBLIC SAFETY TO COOPERATE.  The Department of Public Safety shall cooperate with the department in conducting inspections and enforcing the provisions of this subchapter.
Added by Acts 1981, 67th Leg., 1st C.S., p. 243, ch. 22, art. II, Sec. 5, eff. Sept. 1, 1981.
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 71.011. Protection of Carrier From Damages

Sec. 71.011.  PROTECTION OF CARRIER FROM DAMAGES.  A carrier, including a railway, steamship, motorboat, bus, or truck, is not liable to a consignor or consignee for damages for refusing to receive and transport, or refusing to deliver across or into an area protected by a quarantine, any fruit, plant, shrub, or other carrier of an insect pest or plant disease in violation of an order or rule of the department under this subchapter.
Acts 1981, 67th Leg., p. 1154, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 243, ch. 22, art. II, Sec. 4, eff. Sept. 1, 1981.
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 71.012. Civil Penalty; Injunction

Sec. 71.012.  CIVIL PENALTY;  INJUNCTION.  (a)  Except as provided by Subsections (a-1) and (a-2), a person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not less than $250 nor more than $10,000 for each violation. Each day a violation continues may be considered a separate violation for purposes of a civil penalty assessment.
(a-1)  Subject to Subsection (a-2), a person who violates a quarantine established under this subchapter against a pest or disease affecting pecans or pecan trees or violates a rule adopted under this subchapter for the protection of pecans or pecan trees is liable to the state for a civil penalty of not less than $500 nor more than $20,000 for each violation. Each day a violation continues may be considered a separate violation for purposes of a civil penalty assessment.
(a-2)  For the first violation of a quarantine established under this subchapter against a pest or disease affecting pecans or pecan trees or a violation of a rule adopted under this subchapter for the protection of pecans or pecan trees, in lieu of a civil penalty, a registrant under Section 71.043 may remedy the violation by entering into a compliance agreement with the department and returning, treating, or destroying the article subject to the quarantine as directed by the department.
(b)  On request of the department, the attorney general or the county attorney or district attorney of the county in which the violation is alleged to have occurred shall file suit to collect the penalty.
(c)  A civil penalty collected under this section shall be deposited in the state treasury to the credit of the General Revenue Fund.  All civil penalties recovered in suits first instituted by a local government or governments under this section shall be equally divided between the State of Texas and the local government or governments with 50 percent of the recovery to be paid to the General Revenue Fund and the other 50 percent equally to the local government or governments first instituting the suit.
(d)  The department is entitled to appropriate injunctive relief to prevent or abate a violation of this subchapter or a rule adopted under this subchapter.  On request of the department, the attorney general or the county or district attorney of the county in which the alleged violation is threatened or is occurring shall file suit for the injunctive relief.  Venue is in the county in which the alleged violation is threatened or is occurring.
Acts 1981, 67th Leg., p. 1155, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 244, ch. 22, art. II, Sec. 6, eff. Sept. 1, 1981;  Acts 1989, 71st Leg., ch. 230, Sec. 44, eff. Sept. 1, 1989.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1016 (H.B. 3289), Sec. 1, eff. September 1, 2021.
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 71.013. Criminal Penalties

Sec. 71.013.  CRIMINAL PENALTIES.  (a)  A person commits an offense if, in violation of a rule adopted under Section 71.007 or 71.0081 of this code, the person:
(1)  sells, carries, or transports a plant, plant product, or substance that is found to be infested or infected or found to be from a quarantined area;
(2)  sells, carries, or transports a plant, plant product, or substance into a pest-free zone;
(3)  maintains ripening fruit during the host-free period on any tree declared to be a nuisance in the quarantine order;
(4)  fails or refuses to administer the treatment provided for, including specific methods of spraying, removal of diseased parts, removal and destruction of fallen or culled fruits, or removal of weeds or plants that may be hosts or carriers of insect pests or plant diseases;  or
(5)  fails to store products in the manner required.
(b)  Except as provided by Subsection (b-1), an offense under this section is a Class C misdemeanor.
(b-1)  For the first violation constituting an offense under this section, in lieu of a criminal penalty, a registrant under Section 71.043 may remedy the violation by entering into a compliance agreement with the department and returning, treating, or destroying the article subject to the quarantine as directed by the department.
(c)  A person commits a separate offense for each plant or plant product sold or transported.
(d)  An offense under this section may be prosecuted in any county in which the violation occurs.
Acts 1981, 67th Leg., p. 1155, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 244, ch. 22, art. II, Sec. 7, eff. Sept. 1, 1981;  Acts 1989, 71st Leg., ch. 230, Sec. 45, eff. Sept. 1, 1989.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1016 (H.B. 3289), Sec. 2, eff. September 1, 2021.
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 71.041. Definitions

Sec. 71.041.  DEFINITIONS.  In this subchapter:
(1)  "Florist" means a person who maintains, grows, raises, or buys and offers for sale or lease for profit florist items.
(2)  "Florist item" means a cut flower, potted plant, blooming plant, inside foliage plant, bedding plant, corsage flower, cut foliage, floral decoration, or live decorative material.
(3)  "Nursery product" includes a tree, shrub, vine, cutting, graft, scion, grass, bulb, or bud that is grown for, kept for, or is capable of, propagation and distribution for sale or lease.
(4)  "Nursery grower" means a person who grows more than 50 percent of the nursery products or florist items that the person either sells or leases, regardless of the variety sold, leased, or grown.
(5)  "Nursery stock weather protection unit" means a plant cover consisting of a series of removable, portable metal hoops, covered by nonreusable plastic sheeting, shade cloth, or other similar removable material, used exclusively for protecting nursery products from weather elements.  A nursery stock weather protection unit is an implement of husbandry for all purposes, including Article VIII, Section 19a, of the Texas Constitution.
Acts 1981, 67th Leg., p. 1155, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 46, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 102, Sec. 1, eff. Jan. 1, 1994;  Acts 2001, 77th Leg., ch. 52, Sec. 10, eff. May 7, 2001.
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 71.042. Duty of Department; Rules

Sec. 71.042.  DUTY OF DEPARTMENT;  RULES.  The department shall enforce this subchapter and may adopt rules as necessary for the immunity and protection of plants from diseases and insect pests, including rules that:
(1)  regulate the traffic, growing, shipping, selling, and leasing of nursery products;
(2)  provide for the inspection and control of florist items;  and
(3)  relate to city, private, or public parks, or shade trees, shrubbery, and ornamentals along city streets or property or on city residences.
Acts 1981, 67th Leg., p. 1156, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 47, eff. Sept. 1, 1989.
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 71.043. Annual Registration

Sec. 71.043.  ANNUAL REGISTRATION.  (a)  A florist or nursery owner must register with the department under this section each nursery, greenhouse, orchard, garden, or other place growing for sale or lease, offering for sale or lease, or otherwise distributing a florist item or nursery product.
(b)  A florist or nursery owner may apply for registration or renewal of registration by submitting an application prescribed by the department and an annual fee.  The fee shall be the sum of:
(1)  an amount based on the size and type of a location, as defined by department rule, where a florist or nursery owner grows for sale or lease or offers for sale or lease a florist item or nursery product; and
(2)  an optional additional amount equal to 15 percent of the amount described by Subdivision (1), to fund the Texas nursery and floral account.
(b-1)  The department shall allow an applicant to elect whether to pay the amount described by Subsection (b)(2).  An applicant is not required to pay that amount to apply for or renew registration.
(c)  Registrations under this section expire one year after issuance.  A person who fails to submit a renewal fee on or before the expiration date of the registration must pay, in addition to the renewal fee, the late fee provided by Section 12.024 of this code.
(d)  Upon receipt of the correct annual registration fee, the department shall issue a registration certificate for each location a florist or nursery owner has registered.
(e)  A person may not offer for sale or lease a nursery product or florist item without a registration certificate issued under this section.
Acts 1981, 67th Leg., p. 1156, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 48, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 419, Sec. 2.27, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 960 (H.B. 3496), Sec. 2, eff. June 19, 2009.
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 71.044. Inspection

Sec. 71.044.  INSPECTION.  (a)  At least once every three years the department shall inspect each nursery, greenhouse, orchard, garden, florist, nursery stock weather protection unit, or other place growing for sale or lease or offering for sale or lease a nursery product, florist item, or other item of plant life in order to determine if the product, item, or premises are infected with a disease or insect pest injurious to human, animal, or plant life.
(b)  The department shall perform additional inspections to the extent necessary to ensure compliance with this subchapter and quarantine agreements with the federal government and other state governments.
(c)  A department inspector may examine invoices or other documents relating to the shipping and receiving of nursery/floral products for the purpose of determining the origin, transit, and chain of custody of nursery/floral items found to be:
(1)  infested with pests or infected with plant disease;  or
(2)  shipped in violation of state or federal quarantine laws, regulations, or agreements.
(d)  This section does not apply to a physical location maintained by a registrant under Section 71.043 who does not maintain an inventory of nursery products or florist items at the location.
Acts 1981, 67th Leg., p. 1156, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 49, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 102, Sec. 2, eff. Jan. 1, 1994;  Acts 2001, 77th Leg., ch. 52, Sec. 11, eff. May 7, 2001.
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 71.046. Treatment or Destruction of Diseased or Infested Plants or Premises

Sec. 71.046.  TREATMENT OR DESTRUCTION OF DISEASED OR INFESTED PLANTS OR PREMISES.  (a)  If the department determines that any nursery product, florist item, or premises are diseased or pest infested, the department shall take action necessary to abate the nuisance and protect the public health and welfare.  If the department determines that the diseased or infested product, item, or premises should be treated or destroyed, the department shall give written notice to the owner, manager, or person in control of the product, item, or premises.
(b)  The department shall deliver the notice under Subsection (a) of this section in person or by registered or certified mail to the last known address of the person to whom the notice is directed.  The notice shall be in a form prescribed by the department and signed by the commissioner or the commissioner's designee.  The notice must:
(1)  name the product, item, or premises to be treated or destroyed;
(2)  give a brief statement of the facts found to exist;  and
(3)  give a brief statement of the reasons necessitating treatment or destruction of the product, item, or premises.
(c)  Before the 11th day following the day on which notice is received, the person receiving the notice shall remove, destroy, or treat the product, item, or premises as directed by the department.
(d)  For the purposes of enforcing this section, the department is entitled to enter on any premises in order to inspect, treat, or destroy any diseased or pest infested nursery product, florist item, or premises.
(e)  The department is not liable for damages resulting from the exercise of duties under this section.
Acts 1981, 67th Leg., p. 1156, 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 B. Inspection of Nursery Products and Florist Items › Section 71.047. Expense of Treatment

Sec. 71.047.  EXPENSE OF TREATMENT.  (a)  The owner, manager, or person in charge of the nursery product, florist item, or premises is liable for all expenses of treatment or destruction under Section 71.046 of this code.
(b)  The department or the county attorney of the county in which the premises are located may sue to recover expenses under Subsection (a) of this section.  If successful, the department or county attorney is entitled to an award of all costs of suit, including attorney's fees.
Acts 1981, 67th Leg., p. 1157, 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 B. Inspection of Nursery Products and Florist Items › Section 71.048. Appeal of Notice or Order

Sec. 71.048.  APPEAL OF NOTICE OR ORDER.  (a)  A person who is aggrieved by an order or notice of the department or whose property is to be destroyed under an order or notice is entitled to appeal to a district court of Travis County or to a district court of the county in which the order or notice affects the person.
(b)  In order to perfect an appeal under this section, the person must file suit before the 11th day following the day on which the person received the notice or order.
(c)  A court may hear and determine an appeal under this section during term or vacation.
Acts 1981, 67th Leg., p. 1157, 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 B. Inspection of Nursery Products and Florist Items › Section 71.049. Enforcement of Notice or Order

Sec. 71.049.  ENFORCEMENT OF NOTICE OR ORDER.  (a)  If the court decides against the appealing party under Section 71.048 of this code or if a party fails to perfect an appeal, the notice or order is final and the department shall enforce the notice or order and place the subject premises in compliance.
(b)  On request of the department, a sheriff or constable shall accompany and assist the department in enforcement of the notice.
Acts 1981, 67th Leg., p. 1157, 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 B. Inspection of Nursery Products and Florist Items › Section 71.050. Certificate to Accompany Shipment

Sec. 71.050.  CERTIFICATE TO ACCOMPANY SHIPMENT.  (a)  Nursery products or florist items offered for sale or lease, consigned for shipment, or shipped by freight, express, or other means of transportation shall be accompanied by a copy of the certificate of inspection issued by the department when required by foreign countries or other states for agricultural products exported from this state.
(b)  A copy of the certificate of inspection shall be attached to each car, box, bale, package, or item.  If the car, box, bale, package, or item is delivered to more than one person, each portion shall also bear a copy of the certificate.
Acts 1981, 67th Leg., p. 1157, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 51, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 419, Sec. 2.28, eff. Sept. 1, 1995.
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 71.051. Importation Certificates

Sec. 71.051.  IMPORTATION CERTIFICATES.  (a)  Except as otherwise provided by department rule, a person may not ship a nursery product or florist item into this state without first obtaining a certificate of inspection issued by the proper authority of the state from which the shipment originates.
(b)  A certificate of inspection from another state must show:
(1)  that the nursery product or florist item shipped has been examined by the inspection officers of the originating state;
(2)  that the nursery product or florist item is apparently free from dangerous insect pests or contagious diseases;  and
(3)  if the department requires fumigation or other special treatment, that the nursery product or florist item has been properly fumigated or treated.
(c)  Except as otherwise provided by department rule, each car, box, bale, or package of a nursery product or florist item shipped into this state shall bear a tag printed with a copy of the certificate of inspection from the originating state.
Acts 1981, 67th Leg., p. 1157, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.29, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 196, Sec. 4, eff. Sept. 1, 2003.
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 71.053. Inspection of Shipments

Sec. 71.053.  INSPECTION OF SHIPMENTS.  (a)  The department shall inspect shipments of nursery products or florist items in this state to determine if the shipments are accompanied by the tags and certificates required by this subchapter and are free of pests or plant diseases.
(b)  If the department finds that a shipment of a nursery product or florist item is diseased or pest-infested, the department shall take action necessary to abate the nuisance and protect the public health and welfare as provided in Section 71.046 of this subchapter.
(c)  If the department finds that a shipment of a nursery product or florist item is not accompanied by a required tag or certificate, the department shall treat the shipment as infected and may destroy or dispose of the shipment as provided in Section 71.046 of this subchapter.
Acts 1981, 67th Leg., p. 1158, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 53, 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 71.054. Protection of Carriers From Liability; Reporting of Unlawful Shipments

Sec. 71.054.  PROTECTION OF CARRIERS FROM LIABILITY;  REPORTING OF UNLAWFUL SHIPMENTS.  (a)  A transportation company or common carrier is not liable for damages to a consignee or consignor for refusing to receive for transportation or refusing to deliver a shipment of a nursery product or florist item that is not accompanied by a tag or certificate required under this subchapter.
(b)  A transportation company or common carrier shall immediately report to the department any shipment not accompanied by a tag or certificate required under this subchapter.
Acts 1981, 67th Leg., p. 1158, 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 B. Inspection of Nursery Products and Florist Items › Section 71.055. Revocation of Certificate

Sec. 71.055.  REVOCATION OF CERTIFICATE.  The department may revoke a certificate issued under this subchapter if it finds that the person to whom the certificate was issued:
(1)  made a false representation;  or
(2)  violated or refused to comply with this subchapter or a rule or instruction of the department under this subchapter.
Acts 1981, 67th Leg., p. 1159, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 50, 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 71.056. Inspection Fees

Sec. 71.056.  INSPECTION FEES.  (a)  The department shall fix by rule and collect a fee for inspection of nursery products or florist items when the inspection is required by foreign countries or other states for nursery products or florist items exported from this state.
(b)  The department shall account for fees collected under this section in the manner and method prescribed by the comptroller.
Acts 1981, 67th Leg., p. 1159, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 239, Sec. 62, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 230, Sec. 54, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 584, Sec. 116, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 419, Sec. 2.30, eff. Sept. 1, 1995.
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 71.057. Nursery Dealers and Agents; Annual Registration

Sec. 71.057.  NURSERY DEALERS AND AGENTS;  ANNUAL REGISTRATION.  (a)  A person who buys and sells or leases or offers for sale or lease a nursery product and who has facilities that maintain or preserve the nursery product and prevent that product from becoming dry, infested, or diseased is a nursery dealer.
(b)  A person is a nursery agent if the person sells or leases, offers for sale or lease, or takes mail orders for the sale or lease of a nursery product and:
(1)  is entirely under the control of a nursery grower or nursery dealer with whom the nursery product offered for sale or lease originates;  or
(2)  operates on a cooperative basis for handling a nursery product with a nursery grower or nursery dealer.
(c)  A nursery agent shall possess proper credentials from the nursery grower or nursery dealer the agent represents or cooperates with.  A nursery agent who fails to possess proper credentials is subject to this subchapter as a nursery dealer.
(d)  A nursery dealer or nursery agent must register with the department under this section before offering for sale or lease or otherwise distributing a nursery product.
(e)  A nursery dealer or nursery agent may apply for registration or renewal of registration by submitting an application prescribed by the department and an annual fee.  The fee shall be the sum of:
(1)  an amount based on the size and type of a location, as defined by department rule, where a nursery dealer or nursery agent offers a nursery product for sale or lease; and
(2)  an optional additional amount equal to 15 percent of the amount described by Subdivision (1), to fund the Texas nursery and floral account.
(e-1)  The department shall allow an applicant to elect whether to pay the amount described by Subsection (e)(2).  An applicant is not required to pay that amount to apply for or renew registration.
(f)  Registrations under this section expire one year after issuance.  A person who fails to submit a renewal fee on or before the expiration date of the registration must pay, in addition to the renewal fee, the late fee provided by Section 12.024 of this code.
(g)  Upon receipt of the correct annual registration fee, the department shall issue a registration certificate for each location a florist or nursery owner has registered.
Acts 1981, 67th Leg., p. 1159, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 55, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 419, Sec. 2.31, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 960 (H.B. 3496), Sec. 3, eff. June 19, 2009.
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 71.058. Penalties

Sec. 71.058.  PENALTIES.  (a)  A person commits an offense if the person wilfully or negligently:
(1)  violates a provision of this subchapter;  or
(2)  fails or refuses to comply with a notice, order, or rule of the department under this subchapter.
(b)  An offense under Subsection (a) of this section is a Class C misdemeanor.
(c)  Each day that a person maintains premises in a condition not in compliance with this subchapter after receiving notice by registered or certified mail under Section 71.046 of this code is a separate offense.
(d)  Repealed by Acts 2001, 77th Leg., ch. 52, Sec. 1.
Acts 1981, 67th Leg., p. 1159, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 56, eff. Sept. 1, 1989;  Acts 2001, 77th Leg., ch. 52, Sec. 14(1), eff. May 7, 2001.