CHAPTER 152. FOREST PEST CONTROL

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NATURAL RESOURCES CODE

TITLE 6. TIMBER

CHAPTER 152. FOREST PEST CONTROL

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 152.001. POLICY. It is the public policy of the State of

Texas to control forest pests in or threatening forests in this

state in order to protect forest resources, enhance the growth

and maintenance of forests, promote stability of forest-using

industries, protect recreational wildlife uses, and conserve

other values of the forest.

Acts 1977, 65th Leg., p. 2647, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.002. PUBLIC NUISANCE. Forest pests are declared to be

a public nuisance.

Acts 1977, 65th Leg., p. 2647, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.003. DEFINITIONS. In this chapter:

(1) "Service" means the Texas Forest Service.

(2) "Forest pests" means insects and diseases that are harmful,

injurious, or destructive to forests and whose damage, if

uncontrolled, is of considerable economic importance, and

includes:

(A) pine bark beetles of the genera Dendroctonus, Ips, Pissodes,

and Hylobius;

(B) sawflies of the genus Neodiprion;

Diapheromera, and Galerucella;

(D) pine shoot moth of the genus Rhyacionia;

(E) wilt of the genus Chalora; and

(F) rots of the genera Fomes and Polyporus.

(3) "Forest land" means land on which the trees are potentially

valuable for timber products, protection of watersheds, wildlife

habitat, recreational uses, or for other purposes, but does not

include land within the incorporated limits of a village, town,

or city.

(4) "Forest" means the standing trees on forest land.

(5) "Control" means prevent, retard, suppress, eradicate, or

destroy.

(6) "Infestation" means actual infestation or infection at

conditions beyond normal proportion causing abnormal epidemic

loss to present or future commercial timber supply or both.

(7) "Landowner" and "owner" mean a person who owns forest land

or has forest land under his direction irrespective of ownership.

(8) "Forest owner" means a person who owns the standing trees on

forest land, either by a present right or by a future right under

the terms of a valid existing contract.

(9) "Tract" means all contiguous land in common ownership.

Acts 1977, 65th Leg., p. 2647, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

SUBCHAPTER B. POWERS AND DUTIES OF THE TEXAS FOREST SERVICE

Sec. 152.011. IN GENERAL. The Texas Forest Service shall

administer the provisions of this chapter and make all relevant

determinations.

Acts 1977, 65th Leg., p. 2648, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.012. SURVEYS AND INVESTIGATIONS. (a) The service

shall make surveys and investigations to determine the existence

of infestations of forest pests and means practical for their

control by landowners.

(b) Duly delegated representatives of the service may enter

private land and public land, including that held by the United

States if permission is obtained, for the purpose of conducting

surveys and investigations.

interested landowners.

Acts 1977, 65th Leg., p. 2648, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.013. DETERMINATION OF AREA CONTROL MEASURES. If the

service finds an infestation existent or threatened in the state,

it shall determine:

(1) when control measures are needed;

(2) the nature of the control measures;

(3) availability of control measures; and

(4) the techniques by which the control measures shall be

applied.

Acts 1977, 65th Leg., p. 2648, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.014. NOTICE OF FINDING OF INFESTATION. After

determining that an infestation exists, the service shall give

notice of the fact by:

(1) placing a notice in a newspaper or newspapers in the county

or counties in which any infested land is located, or, if there

is no newspaper in the county, placing a notice in a newspaper or

newspapers with general circulation in the county or counties in

which any infested land is located, stating its findings and

setting a time and place for a hearing on the need for the

control of the pest, to be held not less than 10 days from the

date of the notice;

(2) mailing copies of the notice to owners of forest land known

to the service to have holdings in the affected area; and

(3) arranging for publicity on the subject by all news media

serving the affected area.

Acts 1977, 65th Leg., p. 2648, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.015. HEARING. At the hearing, the agent of the service

who presides shall:

(1) describe the conditions that have been found;

(2) explain the measures needed to control the pest infestation;

(3) hear all suggestions and protests; and

(4) record the proceedings.

Acts 1977, 65th Leg., p. 2648, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.016. PROCEDURES FOR CONTROL. (a) As soon as

practicable after the hearing, the service shall promulgate

procedures to be followed for the control of the infestation and

shall:

(1) mail a copy to all appearing at the hearing and to all to

whom notices were originally sent; and

(2) publish a copy in a newspaper circulated in the affected

area in the same manner as publication of preliminary notice.

(b) Publication as provided in Subsection (a) of this section is

notice to each landowner and each tract of land in the affected

area on the date of publication.

Acts 1977, 65th Leg., p. 2649, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.017. SPECIFIC CONTROL MEASURES. If the provisions of

Sections 152.013 through 152.016 of this code have not been

applied and control measures are needed to check the spread of

the forest pests on forest land owned or controlled by any

person, written notice, signed by a duly authorized

representative of the service whose mailing address is shown on

the notice, shall be given to the person owning or controlling

the forest land.

Acts 1977, 65th Leg., p. 2649, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.018. NOTICE TO SPECIFIC LANDOWNER. (a) The notice

required by Section 152.017 of this code shall inform the

landowner of:

(1) the facts found to exist;

(2) his responsibilities for the control measures;

(3) the control technique recommended;

(4) the law under which control must be accomplished; and

(5) the authority of the service in the event the landowner

takes no action toward controlling the pest.

(b) The notice may be given by:

(1) personal service on the landowner or on the person having

control of the forest land;

(2) registered or certified mail directed to the landowner or

person having control of the forest land at his last known

address; or

(3) if the person or his address is unknown, publication in one

issue of a newspaper of general circulation in the county in

which the land is located.

shall include the information specified in Subsection (a) of this

section, state the name of the owner, if known, and briefly

describe the land to which the notice applies.

(d) No other notice is necessary under the provisions of this

chapter.

Acts 1977, 65th Leg., p. 2649, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.019. NOTICE TO FOREST OWNER. If the landowner has

given notice to the service of an interest in the forest on his

land owned by another, as provided for in Section 152.064 of this

code, the service shall furnish the same information to the

forest owner that it is required by the provisions of this

chapter to give to the landowner.

Acts 1977, 65th Leg., p. 2649, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.020. SUPERVISION. (a) The service shall keep informed

of what is done by the landowner to take measures to control the

infestation and the result of it.

(b) The service may change its prescribed procedures as

conditions or new information may require.

practicable measures to be done by the landowner, pursuant to its

prescribed procedures, have been completed.

Acts 1977, 65th Leg., p. 2649, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.021. CONTROL MEASURES APPLIED BY FOREST SERVICE. If

pest control measures prescribed by the service are not applied

by the landowner or any other person within 10 days from the time

notice is given as provided in this chapter, exclusive of the

date the notice is given, representatives of the service shall

enter the land and have the forest pests controlled or destroyed.

Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.022. EXPENSE OF CONTROL MEASURES TAKEN BY SERVICE. (a)

Except as provided in Subsection (b) of this section, all

charges and expenses of destruction or control measures taken by

the service shall be paid by the owner of the land on which the

infestation occurred.

(b) If the tract with respect to which the service conducted

control measures contains 50 acres of forest land or less and the

landowner in whose name the record title to the land stands owns

no more than 50 acres of forest land in the county in which the

infestation occurred, the cost of control shall be borne by the

service.

Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.023. CLAIM AGAINST LANDOWNER. If control is undertaken

by the service, the cost, not to exceed $10 for each infested

acre or part of an acre on which control measures have been

employed, constitutes a legal claim against the landowner, but

does not constitute a lien on any land owned by the landowner.

Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.024. SUIT. The attorney general may bring suit on

behalf of the service in the county in which the infestation

occurred to recover the claim against the landowner, together

with all costs incurred in the suit.

Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.025. LANDOWNER REIMBURSEMENT. If the landowner has

given the service notice of an interest owned by another in the

forest on his land and the landowner has made expenditures for

pest control purposes as provided in Section 152.062 of this

code, or has paid a legal claim against him under the provisions

of Sections 152.022 through 152.024 of this code, the landowner

is entitled to a reasonable reimbursement for the expenses from

the forest owner. The reimbursement shall be proportional to the

interest owned in the forest by the forest owner.

Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.026. COOPERATIVE AGREEMENTS. The service may enter

into cooperative agreements with private landowners or forest

owners, the federal government, or other public or private

agencies to accomplish the control of forest pests.

Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

SUBCHAPTER C. POWERS AND DUTIES OF THE LANDOWNER

Sec. 152.061. GENERAL DUTY OF LANDOWNER. Each owner of forest

land shall control the forest pests on land owned by him or under

his direction as provided in this chapter.

Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.062. DUTY TO APPLY CONTROL MEASURES. Within 10 days

after notice is given as provided in Section 152.014 or 152.018

of this code, exclusive of the date the notice is given, each

affected landowner shall commence diligently to take measures to

control the infestation as prescribed and continue this activity

with all practical expedition and efficiency under the direction

of the service.

Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.063. REPORTS AND CONSULTATION WITH SERVICE. (a) The

landowner shall notify the service of his actions and the result

of his actions.

(b) The landowner may report to and consult with a

representative of the service as often as necessary.

Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.064. NOTIFYING SERVICE OF FOREST OWNER. If all or part

of the standing trees are owned by someone other than the

landowner, either by a present right or by a future right under

the terms of a valid existing contract, the landowner shall

notify the service of that fact and furnish the names and

addresses of the forest owner within 10 days after receiving the

notice from the service as provided for in Section 152.014 or

152.018 of this code.

Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

SUBCHAPTER D. JUDICIAL REVIEW

Sec. 152.101. JUDICIAL REVIEW OF SERVICE NOTICE. A landowner or

person having control of forest land who is aggrieved by the

notice given by the service is entitled to seek relief but only

if the proceedings to obtain the relief are initiated within 10

days from the time notice is given, exclusive of the date the

notice is given.

Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.102. VENUE. The proceeding to obtain relief shall be

in the district court of the county in which the land is located.

Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.103. CONTROL MEASURES PENDING LITIGATION. The service

shall not proceed with any control measures while the litigation

is pending unless permission to do so is given by the court on a

showing of probable harm due to a delay in using the control

measures.

Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.105. INJUNCTIVE RELIEF FOR LANDOWNER. If the final

judgment in an action seeking relief from a notice is in favor of

the landowner, the landowner may be entitled to injunctive relief

against the use of any control measures on his forest land by the

service until such time as the court may determine.

Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 152.106. NOTICE FINAL. If the final judgment is against

the landowner, or if the landowner fails to seek relief in the

district court of the county in which the land is located, the

notice from the service is final, and the service shall summarily

take the measures necessary to control the infestation.

Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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