Tex. Agric. Code Section 71.0091
Seizure, Treatment, and Destruction of a Citrus Plant, Citrus Plant Product, or Citrus Substance


(a)

The department may seize a citrus plant, citrus plant product, or citrus substance that the department determines:

(1)

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

(2)

is infected with a disease or insect pest dangerous to a citrus plant, citrus plant product, or citrus substance, without regard to whether the citrus plant, citrus plant product, or citrus substance comes from an area known to be infested; or

(3)

is located within proximity to a plant infected by a disease dangerous to any agricultural or horticultural product and is determined by the department to likely be infected by that disease, regardless of whether the plant currently exhibits symptoms of the disease.

(b)

If a citrus plant, citrus plant product, or citrus substance is seized under Subsection (a)(1), the department immediately shall notify the owner that the citrus plant, citrus plant product, or citrus substance is a public nuisance and that it must be destroyed, treated, or, if feasible, returned to its point of origin. If a citrus plant, citrus plant product, or citrus substance is seized under Subsection (a)(2) or (3), the department immediately shall notify the owner that the citrus plant, citrus plant product, or citrus substance is a public nuisance and must be destroyed or treated.

(c)

If the owner of a citrus plant, citrus plant product, or citrus substance seized under Subsection (a)(1) or (2) is unknown to the department, the department shall publish or post notice that, not earlier than the fifth day after the first day on which notice is published or posted, the department may destroy the citrus plant, citrus plant product, or citrus substance. The department shall publish the notice for three consecutive days in a newspaper of general circulation in the county in which the citrus plant, citrus plant product, or citrus substance is located or post the notice in the immediate vicinity of the area in which the citrus plant, citrus plant product, or citrus substance is located. The notice must describe the citrus plant, citrus plant product, or citrus substance seized. If the owner claims the citrus plant, citrus plant product, or citrus substance before the date for destruction set by the notice, the department shall deliver the citrus plant, citrus plant product, or citrus substance to the owner at the owner’s expense. If the owner does not claim the citrus plant, citrus plant product, or citrus substance before the date the notice specifies that destruction is permitted, the department may destroy or arrange for the destruction of the citrus plant, citrus plant product, or citrus substance.

(d)

If the owner of a citrus plant, citrus plant product, or citrus substance seized by the department under this section fails or refuses to treat or destroy the citrus plant, citrus plant product, or citrus substance immediately after being instructed to do so by the department, the department may abate the nuisance by destroying the citrus plant, citrus plant product, or citrus substance or may otherwise treat the citrus plant, citrus plant product, or citrus substance so that it is no longer a nuisance. In enforcing this subsection, the department may call on the sheriff of the county in which the citrus plant, citrus plant product, or citrus substance is located, and the sheriff shall cooperate with the department and provide assistance necessary to abate the nuisance.

(e)

The owner of a citrus plant, citrus plant product, or citrus substance treated or destroyed under Subsection (a)(1) or (2) 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.

(e-1)

The department may provide for compensation to an owner of a citrus plant, citrus plant product, or citrus substance destroyed under Subsection (a)(3).

(f)

The department may enter into an agreement with a private entity to obtain assistance in defraying the cost of implementing this section.
Added by Acts 1993, 73rd Leg., ch. 230, Sec. 1, eff. May 20, 1993. Amended by Acts 1997, 75th Leg., ch. 211, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1050 (H.B. 4577), Sec. 2, eff. September 1, 2009.

Source: Section 71.0091 — Seizure, Treatment, and Destruction of a Citrus Plant, Citrus Plant Product, or Citrus Substance, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­71.­htm#71.­0091 (accessed Jun. 5, 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

Accessed:
Jun. 5, 2024

§ 71.0091’s source at texas​.gov