AGRICULTURE CODE
CHAPTER 73. CITRUS DISEASES AND PESTS
§ 73.001. DEFINITION. In this chapter, "nursery
product" has the meaning assigned by Section 71.041 of this code.
Acts 1981, 67th Leg., p. 1171, ch. 388, § 1, eff. Sept. 1, 1981.
§ 73.002. POLICY. The state recognizes that the citrus
industry is a valuable asset and that citrus fruit and trees are
highly susceptible to the ravages of insects, pests, and plant
diseases. The state shall use all constitutional measures to
protect this industry from destruction by pests and diseases.
Acts 1981, 67th Leg., p. 1171, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 67, eff. Sept. 1,
1989.
§ 73.003. CITRUS ZONE. The following counties are
designated as the citrus zone of this state: Cameron, Willacy,
Hidalgo, Starr, Zapata, Jim Hogg, Brooks, Kenedy, Kleberg, Nueces,
Jim Wells, Duval, Webb, San Patricio, Refugio, Bee, Live Oak,
McMullen, LaSalle, Dimmit, Maverick, Zavala, Frio, Atascosa,
Wilson, Karnes, DeWitt, Victoria, Goliad, Calhoun, and Aransas.
Acts 1981, 67th Leg., p. 1171, ch. 388, § 1, eff. Sept. 1, 1981.
§ 73.004. INJURIOUS DISEASES AND PESTS. In accordance
with Subchapter A, Chapter 71, of this code, the department shall
establish quarantines against pests and diseases determined by
department rule to be injurious.
Acts 1981, 67th Leg., p. 1171, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1997, 75th Leg., ch. 211, § 9, eff. Sept. 1,
1997.
§ 73.005. MOVEMENT OF INFECTED NURSERY PRODUCTS AND
OTHER HOSTS INTO CITRUS ZONE. A person may not ship into the citrus
zone a nursery product, seed, citrus fruit, or other host infected
with a pest or disease listed in Section 73.004(b) of this code.
Acts 1981, 67th Leg., p. 1172, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 68, eff. Sept. 1,
1989.
§ 73.006. CERTIFICATE OF INSPECTION; PERMIT. (a) A
person may not ship a citrus nursery product or citrus fruit from
outside this state into this state without first filing with the
department a certificate of inspection issued by the proper
authority of the state in which the shipment originates. The
certificate must show:
(1) that the nursery product or fruit to be shipped has
been produced in a county known to be free from the pests and
diseases listed in Section 73.004(a) of this code; or
(2) that the nursery product or fruit has been
fumigated by a method approved by the department that will render it
free of pest or disease infestation.
(b) A transportation company or common carrier may not
receive, transport, or deliver a shipment of a citrus nursery
product or citrus fruit originating outside this state that does
not bear:
(1) a shipping tag or label showing the certificate of
inspection from the originating state; and
(2) a permit from the department.
(c) A transportation company or common carrier shall
immediately report to the department any shipment of a citrus
nursery product or citrus fruit that is not accompanied by the
certificate and permit required by Subsection (b) of this section.
Acts 1981, 67th Leg., p. 1172, ch. 388, § 1, eff. Sept. 1, 1981.
§ 73.007. PROTECTION OF CARRIER FROM DAMAGES. A
transportation company or common carrier is not liable for damages
to a consignor or consignee for refusing to receive for
transportation or refusing to deliver a citrus nursery product or
citrus fruit, or a package, bale, bundle, or box of that nursery
product or fruit, that is not accompanied by the certificate and
permit required under Section 73.006 of this code.
Acts 1981, 67th Leg., p. 1173, ch. 388, § 1, eff. Sept. 1, 1981.
§ 73.008. DEPARTMENT EMPLOYEES AND EXPENSES OUTSIDE THE
STATE. This chapter does not authorize the department to expend
money, send employees, or employ persons outside this state.
Acts 1981, 67th Leg., p. 1173, ch. 388, § 1, eff. Sept. 1, 1981.
§ 73.009. PENALTIES. (a) A person commits an offense
if the person violates a provision of Section 73.005 or 73.006 of
this code.
(b) An offense under Section 73.005 of this code is a Class A
misdemeanor.
(c) An offense under Section 73.006 of this code is a Class C
misdemeanor.
Acts 1981, 67th Leg., p. 1173, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 69, eff. Sept. 1,
1989.
§ 73.010. CIVIL PENALTY; INJUNCTION. (a) A person who
violates this chapter or a rule adopted under this chapter 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 chapter or a rule
adopted under this chapter. 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, § 70, eff. Sept. 1, 1989.
