Sec. 80.020. AUTHORITY TO PROHIBIT PLANTING OF CITRUS AND REQUIRE PARTICIPATION IN SUPPRESSION PROGRAM. (a) The commissioner may adopt reasonable rules regarding areas where citrus may not be planted in a pest management zone if there is reason to believe planting will jeopardize the success of the program or present a hazard to public health or safety.
(b) The commissioner may adopt rules requiring all growers of citrus in a pest management zone to participate in a pest suppression program and growers of commercial citrus to participate in pest and disease management programs that include cost sharing as required by the rules.
(c) Notice of a prohibition or requirement shall be given by publication for one day each week for three successive weeks in a newspaper having general circulation in the affected area.
(d) The commissioner may adopt a reasonable schedule of penalty fees to be assessed against growers in a designated pest management zone who do not meet the requirements of the rules issued by the commissioner relating to reporting of acreage and participation in cost sharing. A penalty fee may not exceed $50 per acre.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 29 (S.B. 1749), Sec. 10, eff. September 1, 2015.
Structure Texas Statutes
Title 5 - Production, Processing, and Sale of Horticultural Products
Subtitle B - Horticultural Diseases and Pests
Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation
Section 80.001. Findings and Declaration of Policy
Section 80.002. Designation of Entity to Carry Out Citrus Pest and Disease Control and Suppression
Section 80.004. Advisory Committees
Section 80.005. Creation of Pest Management Zones
Section 80.006. Pest Management Zone Referenda
Section 80.007. Board Elections
Section 80.008. Composition of Board
Section 80.009. Powers of Board and Commissioner
Section 80.011. Administrative Review
Section 80.013. Board Member Compensation
Section 80.015. Assessment Referenda
Section 80.016. Conduct of Board Elections and Referenda; Balloting
Section 80.017. Payment of Assessments; Assessment Liens
Section 80.018. Exemption From Assessment Penalties
Section 80.019. Entry of Premises; Suppression Activities; Inspections
Section 80.022. Authority to Adopt Rules
Section 80.024. Documenting Regulated Articles
Section 80.025. Cooperative Programs Authorized
Section 80.026. Organic Citrus Producers
Section 80.028. Dissolution Provision
Section 80.030. Exemption From Taxation