Tex. Agric. Code Section 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.

Source: Section 71.046 — Treatment or Destruction of Diseased or Infested Plants or Premises, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­71.­htm#71.­046 (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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 71.046’s source at texas​.gov