Tex. Agric. Code Section 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.

Source: Section 71.008 — Control or Eradication Zone, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­71.­htm#71.­008 (accessed Apr. 29, 2024).

71.001
Quarantines Against Out-of-state Diseases and Pests 71.002
Quarantines Against In-state Diseases and Pests 71.003
Quarantines Around Pest-free Areas 71.004
Emergency Quarantines 71.005
Movement of Plants from Quarantined Area 71.006
Hearing 71.007
Rules 71.008
Control or Eradication Zone 71.009
Seizure, Treatment, and Destruction of Plants, Plant Products, and Other Substances 71.010
Appeals 71.011
Protection of Carrier from Damages 71.012
Civil Penalty 71.013
Criminal Penalties 71.041
Definitions 71.042
Duty of Department 71.043
Annual Registration 71.044
Inspection 71.046
Treatment or Destruction of Diseased or Infested Plants or Premises 71.047
Expense of Treatment 71.048
Appeal of Notice or Order 71.049
Enforcement of Notice or Order 71.050
Certificate to Accompany Shipment 71.051
Importation Certificates 71.053
Inspection of Shipments 71.054
Protection of Carriers from Liability 71.055
Revocation of Certificate 71.056
Inspection Fees 71.057
Nursery Dealers and Agents 71.058
Penalties 71.059
Civil Penalty 71.060
Stop-sale Order 71.0081
Vehicle Inspections for Insect Pests or Plant Diseases 71.0082
Inspections for Certain Pests and Diseases 71.0083
Agriculture Warrants 71.0091
Seizure, Treatment, and Destruction of a Citrus Plant, Citrus Plant Product, or Citrus Substance 71.0092
Seizure, Treatment, Handling, and Destruction of Certain Materials Within Quarantined Area 71.0101
Department of Public Safety to Cooperate 71.101
Duty of Department 71.102
Field Inspection 71.103
Inspection Certificate 71.104
Tomato Diseases and Insects 71.105
Cruciferous Plant Diseases and Insects 71.106
Pepper Diseases 71.107
Onion Diseases and Insects 71.108
Eggplant Diseases 71.109
Sweet Potato Diseases and Insects 71.110
Treatment or Destruction of Plants 71.111
Certificate for Imported Plants 71.112
Protection of Carriers from Liability 71.113
Revocation of Certificate 71.114
Fees 71.115
Packaging and Labeling of Certified Plants 71.116
Penalties 71.117
Civil Penalty 71.151
List Required 71.152
Noxious or Invasive Plant Sale, Distribution, or Importation Prohibited 71.153
Local Regulation 71.154
Disclaimer Required 71.201
Definitions 71.202
Cooperative Agreement 71.203
Application 71.204
Use of Funds 71.205
Special Funding Considerations 71.206
Reporting Requirements 71.207
Threat Identification and Mitigation Program
Green check means up to date. Up to date

Accessed:
Apr. 29, 2024

§ 71.008’s source at texas​.gov