CHAPTER 71. GENERAL CONTROL

State Codes and Statutes

Statutes > Texas > Agriculture-code > Title-5-production-processing-and-sale-of-horticultural-products > Chapter-71-general-control

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

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.

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.

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.

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.

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, Sec. 9.15, eff. September 1, 2009.

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.

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.

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.

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.

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, Sec. 1, eff. September 1, 2009.

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.

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.

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.

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, Sec. 2, eff. June 18, 2005.

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, Sec. 3, eff. June 18, 2005.

Sec. 71.0083. AGRICULTURE WARRANTS. (a) In addition to vehicle

inspections authorized under Section 71.0081, the department may

seek an agriculture warrant with respect to a plant pest or plant

disease identified in the application for the warrant to:

(1) conduct an inspection of:

(A) physical areas;

(B) containers;

(D) items that are reasonably likely to contain:

(i) a plant pest;

(ii) a plant disease; or

(iii) an infected or potentially infected plant;

(2) set a trap for certain plant pests;

(3) examine records pertaining to the detection, treatment,

purchase, or sale of plants; or

(4) test, treat, identify, quarantine, take samples of, seize,

or destroy infected or potentially infected plants.

(b) An agriculture warrant may be issued only by a magistrate

authorized to issue a search warrant under Chapter 18, Code of

Criminal Procedure, only after the department has exercised

reasonable efforts to obtain consent to conduct a search, and on

application by the department accompanied by a supporting

affidavit that establishes probable cause for the issuance of the

warrant. The warrant must describe:

(1) the street address and municipality or the parcel number and

county of each place or premises subject to the warrant; and

(2) each type of plant pest or disease that is the subject of

the warrant.

issuance of an agriculture warrant, it shall be sufficient to

show only that:

(1) the place or premises described in the application for the

warrant are located in an area subject to a quarantine

established by the department with respect to the plant pest or

disease that is the subject of the warrant; or

(2) there is a reasonable probability the place or premises

contain a plant pest or disease or are located in an area that is

reasonably suspected of being infected with a plant pest or

disease because of its proximity to a known infestation.

(d) A single application and affidavit is sufficient for the

issuance of multiple agriculture warrants if the application for

the warrant describes the location of each place or premises

subject to the warrant and all those places or premises are

located in the same county.

(e) The department is entitled to an ex parte hearing on an

application for an agriculture warrant. The warrant may be

served and executed by a department employee and shall authorize

department employees to undertake any action authorized by the

warrant. On request by the department, a sheriff or constable

shall accompany and assist the department employee in serving or

executing the warrant.

(f) At the time the warrant is executed, a copy of the warrant

shall be:

(1) delivered to a person 18 years of age or older who is

occupying or living in the place or premises subject to the

warrant; or

(2) attached to the place or premises in a conspicuous location.

(g) An agriculture warrant is valid until the 61st day after the

date the warrant is issued and authorizes multiple executions of

the warrant before the date the warrant expires. A warrant may

be renewed or extended by the magistrate who issued the original

warrant if the magistrate determines there is probable cause for

the warrant to be reissued or extended. The agriculture warrant

must be returned to the issuing magistrate before the warrant

expires.

(h) An agriculture warrant may not:

(1) be executed between 7 p.m. and 7 a.m. of the following day

or on a state holiday;

(2) authorize the entry into or inspection of the interior of

any occupied residential dwelling; or

(3) be issued in blank.

(i) A person commits an offense if the person intentionally

interferes with the execution of an agriculture warrant. An

offense under this subsection is a Class B misdemeanor.

(j) This section does not restrict the authority of this state

or a political subdivision of this state to otherwise conduct an

inspection with or without a warrant as authorized by other law.

Added by Acts 2009, 81st Leg., R.S., Ch.

411, Sec. 1, eff. September 1, 2009.

Sec. 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.

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.

Sec. 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.

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, Sec. 2, eff. September 1, 2009.

Sec. 71.0092. SEIZURE, TREATMENT, HANDLING, AND DESTRUCTION OF

CERTAIN MATERIALS WITHIN QUARANTINED AREA. (a) In this section,

"quarantined article" means:

(1) a plant, plant product, substance, or other item capable of

hosting or facilitating the dissemination of an insect pest or

plant disease that is the subject of a quarantine established by

the department under this subchapter; or

(2) a motor vehicle, railcar, other conveyance, or equipment

used for, or intended for use in, the transportation or

production of an item described by Subdivision (1).

(b) The department by rule may establish treatment and handling

requirements for a quarantined article found within a quarantined

area. The requirements must be designed to:

(1) prevent dissemination of a dangerous insect pest or plant

disease outside the quarantined area or into a pest-free area in

the state;

(2) prevent infestation of a quarantined article by a dangerous

insect pest or plant disease that is subject to a quarantine

established by the department under this subchapter;

(3) decrease the occurrence in this state or a quarantined area

of this state of a dangerous insect pest or plant disease that is

subject to a quarantine established by the department under this

subchapter; or

(4) facilitate the eradication of a dangerous insect pest or

plant disease that is subject to a quarantine established by the

department under this subchapter.

located in a quarantined area shall comply with department rules

and orders regarding treatment and handling of the quarantined

article.

(d) If a person in possession or control of a quarantined

article located in a quarantined area fails to comply with a

department rule or order under this section, the department may

at the expense of the person or of the owner of the article:

(1) seize the quarantined article and, subject to available

department resources and Section 71.010:

(A) isolate the article in a manner designed to prevent the

dissemination of the dangerous insect pest or plant disease until

the article no longer represents a danger of dissemination or

until the person agrees to comply with the rule or order;

(B) treat the article to eliminate the danger of dissemination

of the dangerous insect pest or plant disease; or

(2) seek an injunction from a district court in Travis County

ordering the person to:

(A) comply with the department's rule or order; or

(B) surrender possession of the quarantined article to the

department for disposition under Subdivision (1).

(e) If the owner of a quarantined article seized under this

section is unknown to the department, the department shall

publish notice that not earlier than the fifth day after the date

on which the notice is published or posted the department may

destroy, treat, or isolate the quarantined article at the owner's

expense. The department must publish the notice for three

consecutive days in a newspaper of general circulation in the

county in which the quarantined article was seized. The notice

must include a description of the quarantined article. If an

owner claims the quarantined article before the date described by

the notice and agrees in writing to treat or handle the article

in a manner provided by department rule or order, the department

shall deliver the quarantined article to the owner at the owner's

expense. If an owner does not claim the quarantined article

before the date described by the notice, the department may

destroy or arrange for the destruction of the quarantined article

or continue to isolate or treat the quarantined article at the

owner's expense. If an owner refuses to agree in writing to

comply with the department's rule or order regarding treatment or

handling of a quarantined article, the department may destroy or

arrange for the destruction of the quarantined article or

continue to isolate or treat the quarantined article at the

owner's expense, subject to Section 71.010.

(f) In enforcing this section, the department may seek the

assistance of the Department of Public Safety under Section

71.0101, or any law enforcement officer of the county in which

the quarantined article is located. The Department of Public

Safety or local law enforcement officer shall cooperate with the

department and provide any assistance necessary to implement this

section.

(g) The owner of a quarantined article treated, isolated, or

destroyed by the department under this section is liable to the

department for the costs of treatment, isolation, and

destruction, and the department may bring suit to collect the

costs.

(h) The attorney general is entitled to court costs and

reasonable attorney's fees in any suit brought on behalf of the

department under this section, including any suit for an

injunction.

(i) The department may enter into an agreement with a public or

private entity to obtain assistance in defraying the cost of

implementing this section.

Added by Acts 2003, 78th Leg., ch. 369, Sec. 8, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 1107, Sec. 3, eff. June 20, 2003.

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.

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.

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.

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.

Sec. 71.012. CIVIL PENALTY; INJUNCTION. (a) 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.

(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.

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.

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) An offense under this section is a Class C misdemeanor.

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.

SUBCHAPTER B. INSPECTION OF NURSERY PRODUCTS AND FLORIST ITEMS

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.

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.

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.

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, Sec. 2, eff. June 19, 2009.

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.

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.

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.

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.

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.

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.

during term or vacation.

Acts 1981, 67th Leg., p. 1157, ch. 388, Sec. 1, eff. Sept. 1,

1981.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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, Sec. 3, eff. June 19, 2009.

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.

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.

Sec. 71.059. CIVIL PENALTY; INJUNCTION. (a) 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 $50

nor more than $1,000 for each violation. Each day a violation

continues may be considered a separate violation for purposes of

a civil penalty assessment.

(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.

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.

Added by Acts 1989, 71st Leg., ch. 230, Sec. 57, eff. Sept. 1,

1989.

Sec. 71.060. STOP-SALE ORDER. (a) If the department has reason

to believe that a florist item or nursery product is in violation

of this subchapter or a rule adopted under this subchapter, the

department may issue and enforce a written order to stop the sale

of the florist item or nursery product. The department shall

present the order to the owner or the person in control of the

florist item or nursery product. The person who receives the

order may not sell the florist item or nursery product until

discharged by a court under Subsection (b) of this section or

until the department determines that the florist item or nursery

product is in compliance with this subchapter and the rules

adopted under this subchapter.

(b) The owner or the person in control of any florist item or

nursery product prohibited from sale by an order of the

department is entitled to sue in a court of competent

jurisdiction where the florist item or nursery product is found

for a judgment as to the justification of the order and for the

discharge of the florist item or nursery product from the order

in accordance with the findings of the court.

proceed as authorized by another section of this subchapter.

Added by Acts 1989, 71st Leg., ch. 230, Sec. 58, eff. Sept. 1,

1989.

SUBCHAPTER C. INSPECTION OF VEGETABLE PLANTS

Sec. 71.101. DUTY OF DEPARTMENT; RULES. The department shall

enforce this subchapter and may appoint inspectors and adopt

rules necessary for that enforcement.

Acts 1981, 67th Leg., p. 1160, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 71.102. FIELD INSPECTION. The department shall conduct

field inspections of vegetable plants and certify those plants

prior to the preparation for shipment in order to provide the

purchaser of the plants with an honest and reliable opinion on

the freedom of the plants from disease and fungus infection and

insect infestation and to ensure the proper packaging and

handling of certified plants.

Acts 1981, 67th Leg., p. 1160, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 71.103. INSPECTION CERTIFICATE. (a) Except as provided by

Subsection (b) of this section, if the department determines

following field inspection that the vegetable plants inspected

are apparently free of injurious pests and of the diseases and

insects listed in Sections 71.104-71.109 of this code, as

applicable, the department shall issue a certificate tag or stamp

for those plants. Plants certified under this section shall be

known as "state certified plants."

(b) In addition to field inspections of sweet potatoes,

certification of that plant shall be based on prior inspection of

seed potatoes in the field, treatment, and bedding inspections

that the department considers necessary to provide clean slips

for sale or shipment. Application for certification of sweet

potato plants shall be made prior to harvesting time of the

preceding season.

container or bundle of plants at the point of origin for shipment

of the plants.

Acts 1981, 67th Leg., p. 1160, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1997, 75th Leg., ch. 211, Sec. 6, eff.

Sept. 1, 1997.

Sec. 71.104. TOMATO DISEASES AND INSECTS. The department shall

determine that tomato plants are apparently free from the

following diseases and from damaging infestation of the following

pests:

DISEASES

SCIENTIFIC NAME OF ORGANISM

Nematode root knot

Heterodera marioni

Early blight

Alternaria solani

Collar rot

Alternaria solani

Grey leaf spot

Stemphyllium solani

Late blight

Phytophthora infestans

Fusarium wilt

Fusarium lycopersici

Verticillium wilt

Verticillium albo-atrum

Bacterial wilt

Bacterium solanacearum

Bacterial canker

Coryneil bacterium michiganense

Bacterial spot

Xanthomonas vesicatoria

Southern blight

Sclerotium rolfsii

Mosaic

Virus

INSECTS

SCIENTIFIC NAME OF ORGANISM

Garden fleahopper

Halticus citri

Thrips

Thrips tabaci and others

Flea beetle

Phyllotreta spp.

Serpentine leaf miner

Liriomyza pusilla

Acts 1981, 67th Leg., p. 1160, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 71.105. CRUCIFEROUS PLANT DISEASES AND INSECTS. The

department shall determine that cruciferous plants, including

cabbage, cauliflower, broccoli, and collards, are apparently free

from the following diseases and from damaging infestation of the

following insects:

DISEASES

SCIENTIFIC NAME OF ORGANISM

Nematode root knot

Heterodera marioni

Black rot

Bacterium campestre

Yellows

Fusarium conglutinans

Blackleg

Phoma lingam

INSECTS

Aphid

Brevicoryne brassicae and Rhopalosiphum pseudobrassicae

Acts 1981, 67th Leg., p. 1161, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 71.106. PEPPER DISEASES. The department shall determine

that pepper plants are apparently free from the following

diseases:

DISEASES

SCIENTIFIC NAME OF ORGANISM

Nematode root knot

Heterodera marioni

Southern blight

Sclerotium rolfsii

Bacterial spot

Xanthomonas vesicatoria

Bacterial wilt

Bacterium solanacearum

Verticillium wilt

Verticillium albo-atrum

Mosaic

Virus

Acts 1981, 67th Leg., p. 1161, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 71.107. ONION DISEASES AND INSECTS. The department shall

determine that onion plants are apparently free from the

following diseases and from damaging infestation of the following

insects:

DISEASES

SCIENTIFIC NAME OF ORGANISM

Pink root

Phoma terrestris

INSECTS

Thrips

Thrips tabaci

Acts 1981, 67th Leg., p. 1162, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 71.108. EGGPLANT DISEASES. The department shall determine

that eggplants are apparently free from the following diseases:

DISEASES

SCIENTIFIC NAME OF ORGANISM

Nematode root knot

Heterodera marioni

Southern blight

Sclerotium rolfsii

Leaf spot and fruit rot

Phomopsis vexans

Verticillium wilt

Verticillium albo-atrum

Bacterial wilt

Bacterium solanacearum

Yellows

Virus

Acts 1981, 67th Leg., p. 1162, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 71.109. SWEET POTATO DISEASES AND INSECTS. The department

shall determine that sweet potato plants are apparently free from

the following plant diseases and insects:

DISEASES

SCIENTIFIC NAME OF ORGANISM

Stem rot or wilt

Fusarium batatis

Black rot

Sphaeronema fimbriatum

Pox

Cystospora batata

Nematode root knot

Heterodera marioni

Internal cork

Virus

INSECTS

Sweet potato weevil

Cylas formicarius

Acts 1981, 67th Leg., p. 1162, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 71.110. TREATMENT OR DESTRUCTION OF PLANTS. (a) If, at

the time of field inspection, the department finds an injurious

pest or disease or insect listed in Sections 71.104-71.109, as

appli

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!