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.
(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 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 (S.B. 1016), Sec. 9.15, eff. September 1, 2009.
Structure Texas Statutes
Title 5 - Production, Processing, and Sale of Horticultural Products
Subtitle B - Horticultural Diseases and Pests
Subchapter A. Inspections; Quarantines; Control and Eradication Zones
Section 71.001. Quarantines Against Out-of-State Diseases and Pests
Section 71.002. Quarantines Against In-State Diseases and Pests
Section 71.003. Quarantines Around Pest-Free Areas
Section 71.004. Emergency Quarantines
Section 71.005. Movement of Plants From Quarantined Area
Section 71.008. Control or Eradication Zone
Section 71.0081. Vehicle Inspections for Insect Pests or Plant Diseases
Section 71.0082. Inspections for Certain Pests and Diseases
Section 71.0083. Agriculture Warrants
Section 71.009. Seizure, Treatment, and Destruction of Plants, Plant Products, and Other Substances
Section 71.0101. Department of Public Safety to Cooperate
Section 71.011. Protection of Carrier From Damages