LegalTips.ORG - Texas AGRICULTURE CODE

§ 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, § 1, eff. Sept. 1, 1981.

§ 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, § 1, eff. Sept. 1, 1981.

§ 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, § 1, eff. Sept. 1, 1981.

§ 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.
(c) The emergency quarantine and rules adopted in order to
prevent the introduction or spread of the pest or disease are
effective immediately on establishment or adoption.
(d) An emergency quarantine expires 30 days following the
date on which it was established unless reestablished following
notice and hearing as provided by this subchapter.

Acts 1981, 67th Leg., p. 1151, ch. 388, § 1, eff. Sept. 1, 1981.

§ 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.
(c) The department may charge a fee, as provided by
department 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, § 1, eff. Sept. 1, 1981.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, § 9.07, eff.
Sept. 1, 1991; Acts 1995, 74th Leg., ch. 419, § 2.26, eff. Sept.
1, 1995.

§ 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.
(c) Following receipt of the report under Subsection (b) of
this 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, § 1, eff. Sept. 1, 1981.

§ 71.007. RULES. 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; or
(7) provide for specific treatment of a grove or
orchard or of infested or infected plants, plant products, or
substances.

Acts 1981, 67th Leg., p. 1152, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1981, 67th Leg., 1st C.S., p. 242, ch. 22, art. II,
§ 2, eff. Sept. 1, 1981.

§ 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.
(c) After the hearing, the commissioners court shall make a
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.

Text of subsec. (f) as added by Acts 2003, 78th Leg., ch. 369, § 7
(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.

Text of subsec. (f) as added by Acts 2003, 78th Leg., ch. 1107, §
2
(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, § 1, eff. Sept. 1, 1981.
Amended by Acts 2003, 78th Leg., ch. 369, § 7, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1107, § 2, eff. June 20, 2003.

§ 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.
(c) The department may establish checkpoints to carry out
the 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.
(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,
§ 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch.
1236, § 1, eff. Aug. 28, 1989.

§ 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, § 1, eff. Sept. 1, 1981.
Amended by Acts 1981, 67th Leg., 1st C.S., p. 242, ch. 22, art. II,
§ 3, eff. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 230, § 2,
eff. May 20, 1993.

§ 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; or
(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.
(b) If a citrus plant, citrus plant product, or citrus
substance is seized under Subsection (a)(1) of this section, 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) of
this section, 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) of this section 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 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) 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, § 1, eff. May 20, 1993.
Amended by Acts 1997, 75th Leg., ch. 211, § 4, eff. Sept. 1,
1997.

§ 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.
(c) A person in possession or control of a quarantined
article 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
(C) destroy the article; 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, § 8, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1107, § 3, eff. June 20, 2003.

§ 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.
(c) On receipt of the application for appeal and copy of the
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, § 1, eff. Sept. 1, 1981.
Amended by Acts 1997, 75th Leg., ch. 211, § 5, eff. Sept. 1,
1997.

§ 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,
§ 5, eff. Sept. 1, 1981.

§ 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, § 1, eff. Sept. 1, 1981.
Amended by Acts 1981, 67th Leg., 1st C.S., p. 243, ch. 22, art. II,
§ 4, eff. Sept. 1, 1981.

§ 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.
(c) A civil penalty collected under this section shall be
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, § 1, eff. Sept. 1, 1981.
Amended by Acts 1981, 67th Leg., 1st C.S., p. 244, ch. 22, art. II,
§ 6, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 230, § 44,
eff. Sept. 1, 1989.

§ 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.
(c) A person commits a separate offense for each plant or
plant 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, § 1, eff. Sept. 1, 1981.
Amended by Acts 1981, 67th Leg., 1st C.S., p. 244, ch. 22, art. II,
§ 7, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 230, § 45,
eff. Sept. 1, 1989.

SUBCHAPTER B. INSPECTION OF NURSERY PRODUCTS AND FLORIST ITEMS

§ 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, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 46, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 102, § 1, eff. Jan. 1, 1994;
Acts 2001, 77th Leg., ch. 52, § 10, eff. May 7, 2001.

§ 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, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 47, eff. Sept. 1,
1989.

§ 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 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.
(c) 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.
(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, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 48, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 419, § 2.27, eff. Sept. 1, 1995.

§ 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.
(c) A department inspector may examine invoices or other
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, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 49, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 102, § 2, eff. Jan. 1, 1994;
Acts 2001, 77th Leg., ch. 52, § 11, eff. May 7, 2001.

§ 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, § 1, eff. Sept. 1, 1981.

§ 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, § 1, eff. Sept. 1, 1981.

§ 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.
(c) A court may hear and determine an appeal under this
section during term or vacation.

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

§ 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, § 1, eff. Sept. 1, 1981.

§ 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, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 51, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 419, § 2.28, eff. Sept. 1, 1995.

§ 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.
(c) Except as otherwise provided by department rule, each
car, 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, § 1, eff. Sept. 1, 1981.
Amended by Acts 1995, 74th Leg., ch. 419, § 2.29, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 196, § 4, eff. Sept. 1, 2003.

§ 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.
(c) If the department finds that a shipment of a nursery
product 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, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 53, eff. Sept. 1,
1989.

§ 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, § 1, eff. Sept. 1, 1981.

§ 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, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 50, eff. Sept. 1,
1989.

§ 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, § 1, eff. Sept. 1, 1981.
Amended by Acts 1985, 69th Leg., ch. 239, § 62, eff. Sept. 1,
1985; Acts 1989, 71st Leg., ch. 230, § 54, eff. Sept. 1, 1989;
Acts 1989, 71st Leg., ch. 584, § 116, eff. Sept. 1, 1989; Acts
1995, 74th Leg., ch. 419, § 2.30, eff. Sept. 1, 1995.

§ 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.
(c) A nursery agent shall possess proper credentials from
the 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 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.
(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, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 55, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 419, § 2.31, eff. Sept. 1, 1995.

§ 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.
(c) Each day that a person maintains premises in a condition
not 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, § 1.

Acts 1981, 67th Leg., p. 1159, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 56, eff. Sept. 1,
1989; Acts 2001, 77th Leg., ch. 52, § 14(1), eff. May 7, 2001.

§ 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.
(c) A civil penalty collected under this section shall be
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, § 57, eff. Sept. 1, 1989.

§ 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.
(c) This section does not limit the right of the department
to proceed as authorized by another section of this subchapter.

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

SUBCHAPTER C. INSPECTION OF VEGETABLE PLANTS

§ 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, § 1, eff. Sept. 1, 1981.

§ 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, § 1, eff. Sept. 1, 1981.

§ 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.
(c) The certificate tag or stamp shall be firmly affixed to
each container or bundle of plants at the point of origin for
shipment of the plants.

Acts 1981, 67th Leg., p. 1160, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1997, 75th Leg., ch. 211, § 6, eff. Sept. 1,
1997.

§ 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, § 1, eff. Sept. 1, 1981.

§ 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
e

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

§ 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, § 1, eff. Sept. 1, 1981.

§ 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, § 1, eff. Sept. 1, 1981.

§ 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, § 1, eff. Sept. 1, 1981.

§ 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, § 1, eff. Sept. 1, 1981.

§ 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
applicable, the grower of the plants shall delimit the infection or
infestation and clean the plants by use of a disinfectant.
(b) If infected or infested plants are not able to be
cleaned under Subsection (a) of this section, the grower may
destroy the part of the field infected or infested and the
department may certify the remaining clean part of the field.
(c) The grower of the plants shall furnish all materials,
labor, and supervision necessary for carrying out this section.

Acts 1981, 67th Leg., p. 1162, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1997, 75th Leg., ch. 211, § 7, eff. Sept. 1,
1997.

§ 71.111. CERTIFICATE FOR IMPORTED PLANTS. (a) Except
as provided by Subsection (b) of this section, a plant subject to
certification under this subchapter that is shipped into this state
shall have attached a certificate tag or stamp issued by the
department and affixed at the point of origin.
(b) If another state has a vegetable plant certification
program similar to the program established by this subchapter, the
department may enter into a reciprocal fee agreement with the other
state under which vegetable plants with a certificate tag or stamp
issued by the other state are permitted to enter this state without
a certificate tag or stamp issued by this state.

Acts 1981, 67th Leg., p. 1163, ch. 388, § 1, eff. Sept. 1, 1981.

§ 71.112. PROTECTION OF CARRIERS FROM LIABILITY. A
transportation company or common carrier is not liable for damages
to the consignee or consignor for refusing to receive for
transportation or refusing to deliver plants subject to
certification under this subchapter that are not accompanied by a
certificate tag or stamp.

Acts 1981, 67th Leg., p. 1163, ch. 388, § 1, eff. Sept. 1, 1981.

§ 71.113. REVOCATION OF CERTIFICATE. The department
may revoke a certificate tag or stamp issued to a plant grower who:
(1) makes a false representation; or
(2) refuses to comply with this subchapter.

Acts 1981, 67th Leg., p. 1163, ch. 388, § 1, eff. Sept. 1, 1981.

§ 71.114. FEES. (a) A person applying for a
certificate tag or stamp shall pay an inspection fee at the time of
application.
(b) The department shall charge an inspection fee, as
provided by rule of the department.
(c) In addition to the inspection fee, a person applying for
certification of sweet potatoes shall pay a fee, as provided by
department rule, for each certificate tag or stamp issued.

Acts 1981, 67th Leg., p. 1163, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1995, 74th Leg., ch. 419, § 2.32, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 211, § 8, eff. Sept. 1, 1997.

§ 71.115. PACKAGING AND LABELING OF CERTIFIED
PLANTS. (a) Each bundle or package of certified plants must be
plainly labeled on the container with the count of the plants
bundled or packaged. The actual count may not differ by more than
five percent from the stated count.
(b) Sweet potato plants to be shipped must be packaged in
bundles of 100 plants.

Acts 1981, 67th Leg., p. 1163, ch. 388, § 1, eff. Sept. 1, 1981.

§ 71.116. PENALTIES. (a) A person commits an offense
if the person:
(1) wilfully or negligently violates a provision of
this subchapter; or
(2) makes a false representation of plants by use of a
certificate tag or stamp.
(b) An offense under this section is a Class C misdemeanor.
(c) A person finally convicted of an offense under this
section shall be removed from the list of certified growers for a
period of 12 months.

Acts 1981, 67th Leg., p. 1163, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 59, eff. Sept. 1,
1989.

§ 71.117. 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.
(c) A civil penalty collected under this section shall be
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, § 60, eff. Sept. 1, 1989.

SUBCHAPTER D. NOXIOUS PLANTS

§ 71.151. LIST REQUIRED. (a) The department by rule
shall publish a list of noxious plant species that have serious
potential to cause economic or ecological harm to the state. The
department may publish lists of noxious plant species organized by
region.
(b) In preparing or amending a list under this section, the
department shall:
(1) consult with representatives from the agriculture
industry, the horticulture industry, the Texas Cooperative
Extension, the Texas Department of Transportation, the State Soil
and Water Conservation Board, and the Parks and Wildlife
Department;
(2) consider any available scientific data and
economic impact information for each plant species; and
(3) use any standard criteria established by the
department.

Added by Acts 2003, 78th Leg., ch. 900, § 1, eff. Sept. 1, 2003.

§ 71.152. NOXIOUS PLANT SALE, DISTRIBUTION, OR
IMPORTATION PROHIBITED. (a) A person commits an offense if the
person sells, distributes, or imports into the state a noxious
plant species included on the department's list described under
Section 71.151.
(b) An offense under this section is a Class C misdemeanor.
(c) A person commits a separate offense for each noxious
plant item or unit sold, distributed, or imported.

Added by Acts 2003, 78th Leg., ch. 900, § 1, eff. Sept. 1, 2003.