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 (H.B. 4577), Sec. 1, 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