Tex. Agric. Code Section 71.009
Seizure, Treatment, and Destruction of Plants, Plant Products, and Other Substances

(a)

The department shall seize any plant, plant product, or substance that it determines:

(1)

is transported or carried from a quarantined area in violation of a quarantine order; or

(2)

is moved into or within this state and is infested with an insect pest or infected with a disease dangerous to any agricultural or horticultural product, whether or not the plant, product, or substance comes from an area known to be infested.

(b)

If a plant, plant product, or substance is seized under Subsection (a)(1) of this section, the department shall immediately notify the owner that the plant, product, or substance is a public menace and that it must be destroyed, treated, or, if feasible, returned to the point of origin. If a plant, product, or substance is seized under Subsection (a)(2) of this section, the department shall immediately notify the owner that the plant, product, or substance is a public menace and that it must be destroyed or treated.

(c)

If the owner of a plant, plant product, or substance seized under Subsection (a) of this section is unknown to the department, the department shall publish notice that, after a date not less than 10 days after the first day of publication, the department will destroy the plant, product, or substance. The department shall publish the notice for two consecutive weeks in a newspaper of general circulation in the county where the plant, product, or substance is found. The notice must describe the article seized. If the owner claims the article before the date for destruction set by the notice, the department shall deliver the article to the owner at the owner’s expense. If the owner does not claim the article within the allotted time, the department may destroy the article or have it destroyed.

(d)

If the owner of a fruit tree or fruit condemned by the department under this subchapter fails or refuses to destroy the tree or fruit immediately after being instructed to do so by the department, the department shall abate the nuisance and immediately destroy the tree or fruit or otherwise render the tree or fruit not a nuisance. In enforcing this subsection, the department shall call on the sheriff of the county in which the tree or fruit is located, and the sheriff shall cooperate with the department and render all assistance considered necessary by the person seeking to destroy the tree or fruit.

(e)

The owner of a plant, plant product, or substance treated or destroyed by the department under this section is liable to the department for the costs of treatment or destruction, and the department may sue to collect those costs.

(f)

This section does not apply to a citrus plant, citrus plant product, or other citrus substance.
Acts 1981, 67th Leg., p. 1153, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., 1st C.S., p. 242, ch. 22, art. II, Sec. 3, eff. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 230, Sec. 2, eff. May 20, 1993.

Source: Section 71.009 — Seizure, Treatment, and Destruction of Plants, Plant Products, and Other Substances, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­71.­htm#71.­009 (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

§ 71.009’s source at texas​.gov