Texas Statutes
Title 5 - Production, Processing, and Sale of Horticultural Products
Subtitle B - Horticultural Diseases and Pests

Section 71.009. Seizure, Treatment, and Destruction of Plants, Plant Products, and Other Substances - Sec. 71.009. SEIZURE, TREATMENT, AND DESTRUCTION OF PLANTS, PLANT PRODUCTS,...

Section 71.0091. Seizure, Treatment, and Destruction of a Citrus Plant, Citrus Plant Product, or Citrus Substance - Sec. 71.0091. SEIZURE, TREATMENT, AND DESTRUCTION OF A CITRUS PLANT,...

Section 71.0092. Seizure, Treatment, Handling, and Destruction of Certain Materials Within Quarantined Area - Sec. 71.0092. SEIZURE, TREATMENT, HANDLING, AND DESTRUCTION OF CERTAIN MATERIALS...

Section 71.010. Appeals - Sec. 71.010. APPEALS. (a) A person who is aggrieved and...

Section 71.0101. Department of Public Safety to Cooperate - Sec. 71.0101. DEPARTMENT OF PUBLIC SAFETY TO COOPERATE. The Department...

Section 71.011. Protection of Carrier From Damages - Sec. 71.011. PROTECTION OF CARRIER FROM DAMAGES. A carrier, including...

Section 71.012. Civil Penalty; Injunction - Sec. 71.012. CIVIL PENALTY; INJUNCTION. (a) Except as provided by...

Section 71.013. Criminal Penalties - Sec. 71.013. CRIMINAL PENALTIES. (a) A person commits an offense...

Subchapter B. Inspection of Nursery Products and Florist Items

Section 71.041. Definitions - Sec. 71.041. DEFINITIONS. In this subchapter: (1) "Florist" means a...

Section 71.042. Duty of Department; Rules - Sec. 71.042. DUTY OF DEPARTMENT; RULES. The department shall enforce...

Section 71.043. Annual Registration - Sec. 71.043. ANNUAL REGISTRATION. (a) A florist or nursery owner...

Section 71.044. Inspection - Sec. 71.044. INSPECTION. (a) At least once every three years...

Section 71.046. Treatment or Destruction of Diseased or Infested Plants or Premises - Sec. 71.046. TREATMENT OR DESTRUCTION OF DISEASED OR INFESTED PLANTS...

Section 71.047. Expense of Treatment - Sec. 71.047. EXPENSE OF TREATMENT. (a) The owner, manager, or...

Section 71.048. Appeal of Notice or Order - Sec. 71.048. APPEAL OF NOTICE OR ORDER. (a) A person...

Section 71.049. Enforcement of Notice or Order - Sec. 71.049. ENFORCEMENT OF NOTICE OR ORDER. (a) If the...

Section 71.050. Certificate to Accompany Shipment - Sec. 71.050. CERTIFICATE TO ACCOMPANY SHIPMENT. (a) Nursery products or...

Section 71.051. Importation Certificates - Sec. 71.051. IMPORTATION CERTIFICATES. (a) Except as otherwise provided by...

Section 71.053. Inspection of Shipments - Sec. 71.053. INSPECTION OF SHIPMENTS. (a) The department shall inspect...

Section 71.054. Protection of Carriers From Liability; Reporting of Unlawful Shipments - Sec. 71.054. PROTECTION OF CARRIERS FROM LIABILITY; REPORTING OF UNLAWFUL...

Section 71.055. Revocation of Certificate - Sec. 71.055. REVOCATION OF CERTIFICATE. The department may revoke a...

Section 71.056. Inspection Fees - Sec. 71.056. INSPECTION FEES. (a) The department shall fix by...

Section 71.057. Nursery Dealers and Agents; Annual Registration - Sec. 71.057. NURSERY DEALERS AND AGENTS; ANNUAL REGISTRATION. (a) A...

Section 71.058. Penalties - Sec. 71.058. PENALTIES. (a) A person commits an offense if...

Section 71.059. Civil Penalty; Injunction - Sec. 71.059. CIVIL PENALTY; INJUNCTION. (a) A person who violates...

Section 71.060. Stop-Sale Order - Sec. 71.060. STOP-SALE ORDER. (a) If the department has reason...

Subchapter C. Inspection of Vegetable Plants

Section 71.101. Duty of Department; Rules - Sec. 71.101. DUTY OF DEPARTMENT; RULES. The department shall enforce...

Section 71.102. Field Inspection - Sec. 71.102. FIELD INSPECTION. The department shall conduct field inspections...

Section 71.103. Inspection Certificate - Sec. 71.103. INSPECTION CERTIFICATE. (a) Except as provided by Subsection...

Section 71.104. Tomato Diseases and Insects - Sec. 71.104. TOMATO DISEASES AND INSECTS. The department shall determine...

Section 71.105. Cruciferous Plant Diseases and Insects - Sec. 71.105. CRUCIFEROUS PLANT DISEASES AND INSECTS. The department shall...

Section 71.106. Pepper Diseases - Sec. 71.106. PEPPER DISEASES. The department shall determine that pepper...

Section 71.107. Onion Diseases and Insects - Sec. 71.107. ONION DISEASES AND INSECTS. The department shall determine...

Section 71.108. Eggplant Diseases - Sec. 71.108. EGGPLANT DISEASES. The department shall determine that eggplants...

Section 71.109. Sweet Potato Diseases and Insects - Sec. 71.109. SWEET POTATO DISEASES AND INSECTS. The department shall...

Section 71.110. Treatment or Destruction of Plants - Sec. 71.110. TREATMENT OR DESTRUCTION OF PLANTS. (a) If, at...

Section 71.111. Certificate for Imported Plants - Sec. 71.111. CERTIFICATE FOR IMPORTED PLANTS. (a) Except as provided...

Section 71.112. Protection of Carriers From Liability - Sec. 71.112. PROTECTION OF CARRIERS FROM LIABILITY. A transportation company...

Section 71.113. Revocation of Certificate - Sec. 71.113. REVOCATION OF CERTIFICATE. The department may revoke a...

Section 71.114. Fees - Sec. 71.114. FEES. (a) A person applying for a certificate...

Section 71.115. Packaging and Labeling of Certified Plants - Sec. 71.115. PACKAGING AND LABELING OF CERTIFIED PLANTS. (a) Each...

Section 71.116. Penalties - Sec. 71.116. PENALTIES. (a) A person commits an offense if...

Section 71.117. Civil Penalty; Injunction - Sec. 71.117. CIVIL PENALTY; INJUNCTION. (a) A person who violates...

Subchapter D. Noxious and Invasive Plants

Section 71.151. List Required - Sec. 71.151. LIST REQUIRED. (a) The department by rule shall...

Section 71.152. Noxious or Invasive Plant Sale, Distribution, or Importation Prohibited - Sec. 71.152. NOXIOUS OR INVASIVE PLANT SALE, DISTRIBUTION, OR IMPORTATION...

Section 71.153. Local Regulation - Sec. 71.153. LOCAL REGULATION. (a) A political subdivision may not...

Section 71.154. Disclaimer Required - Sec. 71.154. DISCLAIMER REQUIRED. (a) A public entity, other than...

Subchapter E. Plant Pest and Disease Detection and Surveillance

Section 71.201. Definitions - Sec. 71.201. DEFINITIONS. In this subchapter: (1) "Cooperative agreement" means...

Section 71.202. Cooperative Agreement - Sec. 71.202. COOPERATIVE AGREEMENT. (a) The department shall enter into...

Section 71.203. Application - Sec. 71.203. APPLICATION. (a) An institution of higher education may...

Section 71.204. Use of Funds - Sec. 71.204. USE OF FUNDS. (a) An institution of higher...

Section 71.205. Special Funding Considerations - Sec. 71.205. SPECIAL FUNDING CONSIDERATIONS. The department shall provide money...

Section 71.206. Reporting Requirements - Sec. 71.206. REPORTING REQUIREMENTS. An institution of higher education that...

Section 71.207. Threat Identification and Mitigation Program - Sec. 71.207. THREAT IDENTIFICATION AND MITIGATION PROGRAM. (a) The department...

Chapter 72 - Mexican Fruit Fly Control

Subchapter A. General Provisions

Section 72.001. Definitions - Sec. 72.001. DEFINITIONS. In this chapter: (1) "Host fruit" means...

Section 72.002. Administration; Rules - Sec. 72.002. ADMINISTRATION; RULES. (a) The department shall administer this...

Section 72.004. Entry Power - Sec. 72.004. ENTRY POWER. In enforcing this chapter, the department...

Section 72.005. Reports and Notices - Sec. 72.005. REPORTS AND NOTICES. A report, notice, statement, or...

Section 72.006. Prosecutions - Sec. 72.006. PROSECUTIONS. On request of the department, an enforcement...

Subchapter B. Quarantines

Section 72.011. Establishment - Sec. 72.011. ESTABLISHMENT. (a) When advised of the existence of...

Section 72.012. Persons and Premises Subject - Sec. 72.012. PERSONS AND PREMISES SUBJECT. The premises of each...

Section 72.013. Term - Sec. 72.013. TERM. A quarantine established under this subchapter is...

Section 72.014. Designated Counties - Sec. 72.014. DESIGNATED COUNTIES. Cameron, Hidalgo, and Willacy counties are...

Section 72.015. Movement of Fruit in Violation of Quarantine; Certificate - Sec. 72.015. MOVEMENT OF FRUIT IN VIOLATION OF QUARANTINE; CERTIFICATE....

Subchapter C. Infestation Control

Section 72.021. Determination of Infestation - Sec. 72.021. DETERMINATION OF INFESTATION. (a) If an accredited entomologist...

Section 72.022. Citrus Quarantine Advisory Committee - Sec. 72.022. CITRUS QUARANTINE ADVISORY COMMITTEE. (a) The commissioners court...

Section 72.023. Method of Control - Sec. 72.023. METHOD OF CONTROL. (a) Taking into consideration the...

Section 72.024. Host-Free Period - Sec. 72.024. HOST-FREE PERIOD. (a) The department may adopt the...

Section 72.025. Unhusbandlike and Unsanitary Conditions; Orders of Department - Sec. 72.025. UNHUSBANDLIKE AND UNSANITARY CONDITIONS; ORDERS OF DEPARTMENT. (a)...

Section 72.026. Expenses of and Responsibility for Compliance With Order of Department - Sec. 72.026. EXPENSES OF AND RESPONSIBILITY FOR COMPLIANCE WITH ORDER...

Subchapter D. Remedies

Section 72.041. Appeal of Department Order - Sec. 72.041. APPEAL OF DEPARTMENT ORDER. A person aggrieved by...

Section 72.042. Enforcement of Department Order; Fees - Sec. 72.042. ENFORCEMENT OF DEPARTMENT ORDER; FEES. (a) If a...

Section 72.043. Lien - Sec. 72.043. LIEN. (a) For the purpose of securing the...

Section 72.044. Injunctions; Mandamus - Sec. 72.044. INJUNCTIONS; MANDAMUS. (a) If a person responsible for...

Section 72.045. Seizure of Ownerless Fruit - Sec. 72.045. SEIZURE OF OWNERLESS FRUIT. If the department is...

Section 72.046. Civil Penalty; Injunction - Sec. 72.046. CIVIL PENALTY; INJUNCTION. (a) A person who violates...

Subchapter E. Penalties

Section 72.061. General Penalty - Sec. 72.061. GENERAL PENALTY. (a) A person who violates any...

Section 72.062. Failure to Comply With Department Order - Sec. 72.062. FAILURE TO COMPLY WITH DEPARTMENT ORDER. (a) A...

Section 72.063. Public Nuisance - Sec. 72.063. PUBLIC NUISANCE. (a) A person commits an offense...

Section 72.064. Movement of Fruit in Violation of Quarantine - Sec. 72.064. MOVEMENT OF FRUIT IN VIOLATION OF QUARANTINE. (a)...

Chapter 73 - Citrus Diseases and Pests

Section 73.001. Definition - Sec. 73.001. DEFINITION. In this chapter, "nursery product" has the...

Section 73.002. Policy - Sec. 73.002. POLICY. The state recognizes that the citrus industry...

Section 73.003. Citrus Zone - Sec. 73.003. CITRUS ZONE. The following counties are designated as...

Section 73.004. Injurious Diseases and Pests - Sec. 73.004. INJURIOUS DISEASES AND PESTS. In accordance with Subchapter...

Section 73.005. Movement of Infected Nursery Products and Other Hosts Into Citrus Zone - Sec. 73.005. MOVEMENT OF INFECTED NURSERY PRODUCTS AND OTHER HOSTS...

Section 73.006. Certificate of Inspection; Permit - Sec. 73.006. CERTIFICATE OF INSPECTION; PERMIT. (a) A person may...

Section 73.007. Protection of Carrier From Damages - Sec. 73.007. PROTECTION OF CARRIER FROM DAMAGES. A transportation company...

Section 73.008. Department Employees and Expenses Outside the State - Sec. 73.008. DEPARTMENT EMPLOYEES AND EXPENSES OUTSIDE THE STATE. This...

Section 73.009. Penalties - Sec. 73.009. PENALTIES. (a) A person commits an offense if...

Section 73.010. Civil Penalty; Injunction - Sec. 73.010. CIVIL PENALTY; INJUNCTION. (a) A person who violates...

Chapter 74 - Cotton Diseases and Pests

Subchapter A. Cotton Pest Control

Section 74.001. Public Nuisance - Sec. 74.001. PUBLIC NUISANCE. (a) The legislature finds that cotton...

Section 74.002. Definitions - Sec. 74.002. DEFINITIONS. In this subchapter: (1) "Cotton" includes the...

Section 74.003. Establishment of Pest Management Zones - Sec. 74.003. ESTABLISHMENT OF PEST MANAGEMENT ZONES. (a) Any producer...

Section 74.0031. Cotton Stalk Destruction - Sec. 74.0031. COTTON STALK DESTRUCTION. (a) Repealed by Acts 2021,...

Section 74.0032. Hostable Cotton Fee - Sec. 74.0032. HOSTABLE COTTON FEE. (a) The department shall establish...

Section 74.004. Destruction of Host Plants - Sec. 74.004. DESTRUCTION OF HOST PLANTS. (a) The department may...

Section 74.0041. Regulation of Planting Dates - Sec. 74.0041. REGULATION OF PLANTING DATES. The department may establish...

Section 74.005. Entry Power; Inspections - Sec. 74.005. ENTRY POWER; INSPECTIONS. For the purpose of enforcing...

Section 74.006. Rules - Sec. 74.006. RULES. The department may adopt rules as are...

Section 74.007. Offenses; Penalty - Sec. 74.007. OFFENSES; PENALTY. (a) A person commits an offense...

Section 74.008. Civil Penalty; Injunction - Sec. 74.008. CIVIL PENALTY; INJUNCTION. (a) A person who violates...

Section 74.009. Cotton Pest Control and Eradication Policy - Sec. 74.009. COTTON PEST CONTROL AND ERADICATION POLICY. The state...

Section 74.010. Regulation of Cotton Pests; Quarantines - Sec. 74.010. REGULATION OF COTTON PESTS; QUARANTINES. (a) If, under...

Section 74.011. Regulation of Ginning - Sec. 74.011. REGULATION OF GINNING. A ginner may not gin...

Section 74.012. Inspectors - Sec. 74.012. INSPECTORS. The department may employ and prescribe the...

Section 74.013. Cooperation With Federal Programs - Sec. 74.013. COOPERATION WITH FEDERAL PROGRAMS. The department shall cooperate...

Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation

Section 74.101. Findings and Declaration of Policy - Sec. 74.101. FINDINGS AND DECLARATION OF POLICY. (a) It is...

Section 74.1011. Designation of Entity to Carry Out Boll Weevil Eradication - Sec. 74.1011. DESIGNATION OF ENTITY TO CARRY OUT BOLL WEEVIL...

Section 74.102. Definitions - Sec. 74.102. DEFINITIONS. In this subchapter: (1) "Board" means the...

Section 74.1021. Statutory Zones - Sec. 74.1021. STATUTORY ZONES. (a) The Northern High Plains Eradication...

Section 74.1041. Advisory Committees - Sec. 74.1041. ADVISORY COMMITTEES. (a) The commissioner may appoint an...

Section 74.1042. Creation of Nonstatutory Eradication Zones - Sec. 74.1042. CREATION OF NONSTATUTORY ERADICATION ZONES. (a) The commissioner...

Section 74.105. Eradication Zone Referenda - Sec. 74.105. ERADICATION ZONE REFERENDA. (a) The commissioner shall conduct...

Section 74.106. Board Elections - Sec. 74.106. BOARD ELECTIONS. (a) The initial election for board...

Section 74.107. Composition of Board - Sec. 74.107. COMPOSITION OF BOARD. (a) The board shall be...

Section 74.108. Powers of Board and Commissioner - Sec. 74.108. POWERS OF BOARD AND COMMISSIONER. (a) The board...

Section 74.109. Board Duties - Sec. 74.109. BOARD DUTIES. (a) The board shall have an...

Section 74.1091. Separation of Responsibilities - Sec. 74.1091. SEPARATION OF RESPONSIBILITIES. The board shall develop and...

Section 74.1095. Administrative Review - Sec. 74.1095. ADMINISTRATIVE REVIEW. (a) The commissioner by rule shall...

Section 74.110. Liability of Foundation Members, Officers, and Employees - Sec. 74.110. LIABILITY OF FOUNDATION MEMBERS, OFFICERS, AND EMPLOYEES. (a)...

Section 74.1101. Liability of Applicators - Sec. 74.1101. LIABILITY OF APPLICATORS. (a) In this section, "applicator"...

Section 74.1102. Contracting - Sec. 74.1102. CONTRACTING. (a) For a purchase of goods and...

Section 74.111. Board Member Compensation - Sec. 74.111. BOARD MEMBER COMPENSATION. Board members serve without compensation...

Section 74.112. Discontinuation of Program and Foundation and Disposition of Funds on Discontinuance - Sec. 74.112. DISCONTINUATION OF PROGRAM AND FOUNDATION AND DISPOSITION OF...

Section 74.113. Assessment Referenda - Sec. 74.113. ASSESSMENT REFERENDA. (a) The commissioner shall propose the...

Section 74.1135. Alternative Method of Assessments - Sec. 74.1135. ALTERNATIVE METHOD OF ASSESSMENTS. (a) The commissioner may...

Section 74.114. Conduct of Board Elections and Referenda; Balloting - Sec. 74.114. CONDUCT OF BOARD ELECTIONS AND REFERENDA; BALLOTING. (a)...

Section 74.115. Payment of Assessments; Assessment Liens - Sec. 74.115. PAYMENT OF ASSESSMENTS; ASSESSMENT LIENS. (a) A cotton...

Section 74.116. Exemption From Assessment Penalties - Sec. 74.116. EXEMPTION FROM ASSESSMENT PENALTIES. (a) The commissioner by...

Section 74.117. Entry of Premises; Eradication Activities; Inspections - Sec. 74.117. ENTRY OF PREMISES; ERADICATION ACTIVITIES; INSPECTIONS. The department,...

Section 74.118. Authority to Prohibit Planting of Cotton and Require Participation in Eradication Program - Sec. 74.118. AUTHORITY TO PROHIBIT PLANTING OF COTTON AND REQUIRE...

Section 74.119. Authority for Destruction or Treatment of Cotton in Eradication Zones; Compensation Payable - Sec. 74.119. AUTHORITY FOR DESTRUCTION OR TREATMENT OF COTTON IN...

Section 74.120. Authority to Adopt Rules - Sec. 74.120. AUTHORITY TO ADOPT RULES. (a) The commissioner shall...

Section 74.121. Reports - Sec. 74.121. REPORTS. Each person in an active eradication zone...

Section 74.122. Quarantine - Sec. 74.122. QUARANTINE. (a) The department may adopt rules relating...

Section 74.123. Documenting Regulated Articles - Sec. 74.123. DOCUMENTING REGULATED ARTICLES. To implement this subchapter, the...

Section 74.124. Cooperative Programs Authorized - Sec. 74.124. COOPERATIVE PROGRAMS AUTHORIZED. (a) The foundation may carry...

Section 74.125. Organic Cotton Growers - Sec. 74.125. ORGANIC COTTON GROWERS. (a) The commissioner shall develop...

Section 74.126. Penalties - Sec. 74.126. PENALTIES. (a) A person who violates this subchapter...

Section 74.127. Sunset Provision - Sec. 74.127. SUNSET PROVISION. (a) The board of directors of...

Section 74.128. Annual Report - Sec. 74.128. ANNUAL REPORT. The board shall issue to the...

Section 74.129. Exemption From Lawsuits, Liability, Taxation, and Legal Process - Sec. 74.129. EXEMPTION FROM LAWSUITS, LIABILITY, TAXATION, AND LEGAL PROCESS....

Section 74.130. Use of Bio-Intensive Controls - Sec. 74.130. USE OF BIO-INTENSIVE CONTROLS. (a) The commissioner shall...

Section 74.131. Venue - Sec. 74.131. VENUE. (a) Venue for an action arising out...

Section 74.132. Complaints - Sec. 74.132. COMPLAINTS. (a) The foundation shall maintain a system...

Subchapter E. Cost-Sharing for Boll Weevil Eradication

Section 74.151. Definitions - Sec. 74.151. DEFINITIONS. In this subchapter: (1) "Boll weevil" and...

Section 74.152. Creation of Cost-Sharing Program - Sec. 74.152. CREATION OF COST-SHARING PROGRAM. As part of the...

Section 74.153. Cost-Sharing Program Requirements - Sec. 74.153. COST-SHARING PROGRAM REQUIREMENTS. (a) The commissioner may contract...

Subchapter F. Maintenance Program for Boll Weevil and Pink Bollworm Eradication

Section 74.201. Definitions - Sec. 74.201. DEFINITIONS. The definitions provided by Section 74.102 apply...

Section 74.202. Maintenance Areas - Sec. 74.202. MAINTENANCE AREAS. (a) On the request of the...

Section 74.203. Maintenance Fees - Sec. 74.203. MAINTENANCE FEES. (a) The commissioner by rule may...

Section 74.2035. Transfer of Funds Between Eradication Zones and Maintenance Areas - Sec. 74.2035. TRANSFER OF FUNDS BETWEEN ERADICATION ZONES AND MAINTENANCE...

Section 74.204. Rules - Sec. 74.204. RULES. The department may adopt rules necessary for...

Chapter 76 - Pesticide and Herbicide Regulation

Subchapter A. General Provisions

Section 76.001. Definitions - Sec. 76.001. DEFINITIONS. In this chapter: (1) "Active ingredient" means:...

Section 76.002. Pests - Sec. 76.002. PESTS. The department shall determine what organisms constitute...

Section 76.003. State-Limited-Use Pesticides - Sec. 76.003. STATE-LIMITED-USE PESTICIDES. (a) After notice and public hearing,...

Section 76.004. Department Rules - Sec. 76.004. DEPARTMENT RULES. (a) The department may adopt rules...

Section 76.006. Pesticide Examination and Testing - Sec. 76.006. PESTICIDE EXAMINATION AND TESTING. (a) The department may...

Section 76.007. Interagency Cooperation - Sec. 76.007. INTERAGENCY COOPERATION. (a) The department shall be the...

Section 76.008. Exemption - Sec. 76.008. EXEMPTION. Sections 76.007, 76.104-76.106, 76.108-76.117, 76.151(b), 76.151(c), 76.154(b),...

Section 76.009. Pesticide Disposal Fund - Sec. 76.009. PESTICIDE DISPOSAL FUND. (a) The pesticide disposal fund...

Subchapter B. Labeling

Section 76.021. Labeling Information - Sec. 76.021. LABELING INFORMATION. (a) Each pesticide distributed in this...

Section 76.022. Conspicuous Lettering - Sec. 76.022. CONSPICUOUS LETTERING. Any word, statement, or information required...

Section 76.023. Misbranded Pesticide or Device - Sec. 76.023. MISBRANDED PESTICIDE OR DEVICE. (a) A pesticide or...

Subchapter C. Registration

Section 76.041. Registration Required - Sec. 76.041. REGISTRATION REQUIRED. (a) Except as provided by Subsection...

Section 76.042. Content of Registration Application - Sec. 76.042. CONTENT OF REGISTRATION APPLICATION. (a) The application for...

Section 76.043. Expiration and Renewal - Sec. 76.043. EXPIRATION AND RENEWAL. (a) Registration of a pesticide...

Section 76.044. Fees - Sec. 76.044. FEES. (a) The department shall charge a fee,...

Section 76.045. Registration for Special Local Need - Sec. 76.045. REGISTRATION FOR SPECIAL LOCAL NEED. (a) The department...

Section 76.046. Denial or Cancellation of Registration - Sec. 76.046. DENIAL OR CANCELLATION OF REGISTRATION. (a) If the...

Section 76.047. Experimental Use Permit - Sec. 76.047. EXPERIMENTAL USE PERMIT. (a) The department may issue...

Subchapter D. Licensing of Dealers

Section 76.071. License Required - Sec. 76.071. LICENSE REQUIRED. (a) A person may not distribute...

Section 76.072. Expiration - Sec. 76.072. EXPIRATION. A pesticide dealer license expires on the...

Section 76.073. Fees - Sec. 76.073. FEES. (a) An application for a pesticide dealer...

Section 76.074. Display of Dealer License - Sec. 76.074. DISPLAY OF DEALER LICENSE. (a) Each dealer shall...

Section 76.075. Records - Sec. 76.075. RECORDS. (a) A person required to obtain a...

Section 76.076. Denial, Revocation, Modification, or Suspension of License - Sec. 76.076. DENIAL, REVOCATION, MODIFICATION, OR SUSPENSION OF LICENSE. (a)...

Section 76.077. Exceptions - Sec. 76.077. EXCEPTIONS. (a) This subchapter does not apply to...

Subchapter E. Use and Application

Section 76.101. Coordination - Sec. 76.101. COORDINATION. (a) The department is the lead agency...

Section 76.102. Agencies Responsible for Licensing Pesticide Applicators - Sec. 76.102. AGENCIES RESPONSIBLE FOR LICENSING PESTICIDE APPLICATORS. The department...

Section 76.103. Program Contingent on Federal Funds - Sec. 76.103. PROGRAM CONTINGENT ON FEDERAL FUNDS. (a) The licensing...

Section 76.104. Agency Rules for Application of a Pesticide - Sec. 76.104. AGENCY RULES FOR APPLICATION OF A PESTICIDE. (a)...

Section 76.105. License Required - Sec. 76.105. LICENSE REQUIRED. (a) Except as provided by Section...

Section 76.106. Classification of Licenses - Sec. 76.106. CLASSIFICATION OF LICENSES. (a) The head of each...

Section 76.107. Licensing by More Than One Agency - Sec. 76.107. LICENSING BY MORE THAN ONE AGENCY. (a) A...

Section 76.108. Commercial Applicator License - Sec. 76.108. COMMERCIAL APPLICATOR LICENSE. (a) A person who operates...

Section 76.109. Noncommercial Applicator License - Sec. 76.109. NONCOMMERCIAL APPLICATOR LICENSE. (a) A person who is...

Section 76.1095. Noncommercial Applicator License for Mosquito Control in Border Counties - Sec. 76.1095. NONCOMMERCIAL APPLICATOR LICENSE FOR MOSQUITO CONTROL IN BORDER...

Section 76.110. Commercial and Noncommercial Applicator Examination; Reciprocal Agreements - Sec. 76.110. COMMERCIAL AND NONCOMMERCIAL APPLICATOR EXAMINATION; RECIPROCAL AGREEMENTS. (a)...

Section 76.111. Applicator Businesses; Proof of Financial Responsibility - Sec. 76.111. APPLICATOR BUSINESSES; PROOF OF FINANCIAL RESPONSIBILITY. (a) In...

Section 76.112. Private Applicator - Sec. 76.112. PRIVATE APPLICATOR. (a) A person is a private...

Section 76.113. Term and Renewal of Licenses - Sec. 76.113. TERM AND RENEWAL OF LICENSES. (a) Each pesticide...

Section 76.114. Records - Sec. 76.114. RECORDS. (a) A regulatory agency shall require each...

Section 76.115. Inspection of Equipment - Sec. 76.115. INSPECTION OF EQUIPMENT. (a) Each regulatory agency may...

Section 76.116. Suspension, Modification, or Revocation of License - Sec. 76.116. SUSPENSION, MODIFICATION, OR REVOCATION OF LICENSE. (a) The...

Section 76.117. Property Owner Use - Sec. 76.117. PROPERTY OWNER USE. This chapter does not prohibit...

Section 76.118. Exemption for Licensed Veterinarians - Sec. 76.118. EXEMPTION FOR LICENSED VETERINARIANS. The other provisions of...

Section 76.119. Disclosure of Information Relating to Private Pesticide Applicator License Holders - Sec. 76.119. DISCLOSURE OF INFORMATION RELATING TO PRIVATE PESTICIDE APPLICATOR...

Section 76.120. Emergency Mosquito Control by Certain Municipal or County Employees - Sec. 76.120. EMERGENCY MOSQUITO CONTROL BY CERTAIN MUNICIPAL OR COUNTY...

Subchapter F. Storage and Disposal

Section 76.131. Rules - Sec. 76.131. RULES. (a) The department may adopt rules governing...

Section 76.132. Disposal of Pesticide - Sec. 76.132. DISPOSAL OF PESTICIDE. The department, in coordination with...

Subchapter G. Herbicides

Section 76.141. Regulated Herbicides - Sec. 76.141. REGULATED HERBICIDES. (a) After a public hearing on...

Section 76.142. Application of Regulated Herbicide - Sec. 76.142. APPLICATION OF REGULATED HERBICIDE. (a) If a person...

Section 76.143. Public Hearing - Sec. 76.143. PUBLIC HEARING. As soon as practicable after receiving...

Section 76.144. County Herbicide Regulations - Sec. 76.144. COUNTY HERBICIDE REGULATIONS. (a) If the commissioners court...

Subchapter H. Enforcement

Section 76.151. Entry Power - Sec. 76.151. ENTRY POWER. (a) The department, at any time...

Section 76.152. Sampling - Sec. 76.152. SAMPLING. The department is entitled to take a...

Section 76.153. Stop Use, Stop Distribution, or Removal Order - Sec. 76.153. STOP USE, STOP DISTRIBUTION, OR REMOVAL ORDER. (a)...

Section 76.154. Injunction - Sec. 76.154. INJUNCTION. (a) The department may sue in the...

Section 76.155. Prosecutions - Sec. 76.155. PROSECUTIONS. The department may request the appropriate prosecuting...

Section 76.1555. Administrative Penalty - Sec. 76.1555. ADMINISTRATIVE PENALTY. (a) If a person violates a...

Section 76.156. Civil Penalty - Sec. 76.156. CIVIL PENALTY. (a) A person who violates a...

Subchapter I. Remedies

Section 76.181. Appeal of Denial or Cancellation of Pesticide Registration - Sec. 76.181. APPEAL OF DENIAL OR CANCELLATION OF PESTICIDE REGISTRATION....

Section 76.182. Appeal of Permit or License Denial, Suspension, Modification, or Revocation - Sec. 76.182. APPEAL OF PERMIT OR LICENSE DENIAL, SUSPENSION, MODIFICATION,...

Section 76.183. Appeal of Stop Use, Stop Distribution, or Removal Order - Sec. 76.183. APPEAL OF STOP USE, STOP DISTRIBUTION, OR REMOVAL...

Section 76.184. Reports of Pesticide Adverse Effects - Sec. 76.184. REPORTS OF PESTICIDE ADVERSE EFFECTS. (a) A person...

Section 76.185. Damages Resulting From Application of Pesticide Under Government Program - Sec. 76.185. DAMAGES RESULTING FROM APPLICATION OF PESTICIDE UNDER GOVERNMENT...

Subchapter J. Penalties

Section 76.201. Offenses - Sec. 76.201. OFFENSES. (a) A person commits an offense if...

Section 76.202. Penalty - Sec. 76.202. PENALTY. (a) Except as provided by Subsection (b)...

Section 76.203. Defenses - Sec. 76.203. DEFENSES. (a) It is a defense to prosecution...

Chapter 77 - Fire Ant Control

Section 77.001. Commissioners Court May Establish Program - Sec. 77.001. COMMISSIONERS COURT MAY ESTABLISH PROGRAM. The commissioners court...

Section 77.002. Coordination With Other Programs - Sec. 77.002. COORDINATION WITH OTHER PROGRAMS. The program established under...

Section 77.003. Cost of Program - Sec. 77.003. COST OF PROGRAM. The commissioners court may expend...

Chapter 78 - Noxious Weed Control Districts

Subchapter A. General Provisions

Section 78.001. Definitions - Sec. 78.001. DEFINITIONS. In this chapter: (1) "Board" means the...

Section 78.002. Legislative Determination - Sec. 78.002. LEGISLATIVE DETERMINATION. The legislature has determined that: (1)...

Section 78.003. Noxious Weed - Sec. 78.003. NOXIOUS WEED. For the purposes of this chapter,...

Section 78.004. Eligibility to Sign Petition - Sec. 78.004. ELIGIBILITY TO SIGN PETITION. In order to sign...

Section 78.005. Eligibility for Voting - Sec. 78.005. ELIGIBILITY FOR VOTING. In order to vote in...

Subchapter B. Creation of District

Section 78.011. Petition for Creation of District - Sec. 78.011. PETITION FOR CREATION OF DISTRICT. (a) Landowners may...

Section 78.012. Filing Petition - Sec. 78.012. FILING PETITION. (a) The petition must be filed...

Section 78.013. District Boundaries; Name - Sec. 78.013. DISTRICT BOUNDARIES; NAME. (a) A district may include:...

Section 78.014. Hearing Required - Sec. 78.014. HEARING REQUIRED. After receiving a petition for the...

Section 78.015. Notice of Hearing - Sec. 78.015. NOTICE OF HEARING. (a) Except as provided by...

Section 78.016. Hearing - Sec. 78.016. HEARING. At a hearing required by Section 78.014...

Section 78.017. Action After Hearing - Sec. 78.017. ACTION AFTER HEARING. At the conclusion of a...

Section 78.018. Notice of Election; Election Orders - Sec. 78.018. NOTICE OF ELECTION; ELECTION ORDERS. (a) After granting...

Section 78.019. Election - Sec. 78.019. ELECTION. (a) Except as otherwise provided by this...

Section 78.020. Returns; Effect of Election - Sec. 78.020. RETURNS; EFFECT OF ELECTION. (a) Immediately after the...

Section 78.021. Expense of Creating District - Sec. 78.021. EXPENSE OF CREATING DISTRICT. (a) After the district...

Subchapter C. Administration

Section 78.031. Board of Directors - Sec. 78.031. BOARD OF DIRECTORS. (a) The board of directors...

Section 78.032. Initial Board of Directors - Sec. 78.032. INITIAL BOARD OF DIRECTORS. (a) The commissioners court...

Section 78.033. Annual Meeting - Sec. 78.033. ANNUAL MEETING. (a) The chairman of the board...

Section 78.034. Compensation of Directors - Sec. 78.034. COMPENSATION OF DIRECTORS. A director of the board...

Section 78.035. Officers - Sec. 78.035. OFFICERS. The board shall annually elect a chairman...

Section 78.036. Inspectors and Clerical Employees - Sec. 78.036. INSPECTORS AND CLERICAL EMPLOYEES. (a) The board may...

Subchapter D. Enforcement

Section 78.041. General Enforcement Powers of Board - Sec. 78.041. GENERAL ENFORCEMENT POWERS OF BOARD. The board may:...

Section 78.042. Compliance Required - Sec. 78.042. COMPLIANCE REQUIRED. (a) A person who holds title...

Section 78.043. Notice of Control Measures - Sec. 78.043. NOTICE OF CONTROL MEASURES. The chairman of the...

Section 78.044. Inspection; Failure to Comply - Sec. 78.044. INSPECTION; FAILURE TO COMPLY. (a) A director or...

Section 78.045. Equipment Cleaning Procedure - Sec. 78.045. EQUIPMENT CLEANING PROCEDURE. (a) The board may prescribe...

Subchapter E. Assessments and Appropriations

Section 78.051. Assessment - Sec. 78.051. ASSESSMENT. (a) The board may impose an annual...

Section 78.052. Special Election on Increased Assessment - Sec. 78.052. SPECIAL ELECTION ON INCREASED ASSESSMENT. (a) The commissioners...

Section 78.053. Collection of Assessment - Sec. 78.053. COLLECTION OF ASSESSMENT. (a) The board may assess...

Section 78.054. Deposit of Assessment - Sec. 78.054. DEPOSIT OF ASSESSMENT. The person collecting assessments shall...

Section 78.055. Report to County Clerk - Sec. 78.055. REPORT TO COUNTY CLERK. (a) The chairman of...

Section 78.056. Report to Department - Sec. 78.056. REPORT TO DEPARTMENT. (a) Before September 1 of...

Section 78.057. Appropriated Funds - Sec. 78.057. APPROPRIATED FUNDS. (a) Except as provided by Subsection...

Subchapter F. Dissolution of District

Section 78.061. Petition for Dissolution - Sec. 78.061. PETITION FOR DISSOLUTION. (a) The eligible voters residing...

Section 78.062. Election Order - Sec. 78.062. ELECTION ORDER. (a) Before the 90th day after...

Section 78.063. Dissolution Election - Sec. 78.063. DISSOLUTION ELECTION. (a) Except as otherwise provided by...

Section 78.064. Returns; Effect of Election - Sec. 78.064. RETURNS; EFFECT OF ELECTION. (a) After the election,...

Section 78.065. Dissolution - Sec. 78.065. DISSOLUTION. (a) After a dissolution order has been...

Subchapter G. Annual Review to Exclude Land in Crosby County

Section 78.071. Annual Review - Sec. 78.071. ANNUAL REVIEW. (a) The Commissioners Court of Crosby...

Chapter 79 - Interstate Pest Control Compact

Section 79.001. Definitions - Sec. 79.001. DEFINITIONS. In this chapter: (1) "Compact" means the...

Section 79.002. Filing of Bylaws - Sec. 79.002. FILING OF BYLAWS. Under Article IV(h) of the...

Section 79.003. Compact Administrator - Sec. 79.003. COMPACT ADMINISTRATOR. The commissioner is the compact administrator...

Section 79.004. Cooperation With Pest Control Insurance Fund - Sec. 79.004. COOPERATION WITH PEST CONTROL INSURANCE FUND. Consistent with...

Section 79.005. Request for Assistance - Sec. 79.005. REQUEST FOR ASSISTANCE. The commissioner may request or...

Section 79.006. Disposition of Certain Money - Sec. 79.006. DISPOSITION OF CERTAIN MONEY. A department or agency...

Section 79.007. Execution of Interstate Compact - Sec. 79.007. EXECUTION OF INTERSTATE COMPACT. This state enters into...

Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation

Section 80.001. Findings and Declaration of Policy - Sec. 80.001. FINDINGS AND DECLARATION OF POLICY. (a) The legislature...

Section 80.002. Designation of Entity to Carry Out Citrus Pest and Disease Control and Suppression - Sec. 80.002. DESIGNATION OF ENTITY TO CARRY OUT CITRUS PEST...

Section 80.003. Definitions - Sec. 80.003. DEFINITIONS. In this chapter: (1) "Board" means the...

Section 80.004. Advisory Committees - Sec. 80.004. ADVISORY COMMITTEES. (a) The commissioner may appoint an...

Section 80.005. Creation of Pest Management Zones - Sec. 80.005. CREATION OF PEST MANAGEMENT ZONES. (a) The commissioner...

Section 80.006. Pest Management Zone Referenda - Sec. 80.006. PEST MANAGEMENT ZONE REFERENDA. (a) The commissioner shall...

Section 80.007. Board Elections - Sec. 80.007. BOARD ELECTIONS. (a) The initial election for board...

Section 80.008. Composition of Board - Sec. 80.008. COMPOSITION OF BOARD. (a) The board is composed...

Section 80.009. Powers of Board and Commissioner - Sec. 80.009. POWERS OF BOARD AND COMMISSIONER. (a) The board...

Section 80.010. Board Duties - Sec. 80.010. BOARD DUTIES. (a) The board shall have an...

Section 80.011. Administrative Review - Sec. 80.011. ADMINISTRATIVE REVIEW. (a) The commissioner by rule shall...

Section 80.012. Contracting - Sec. 80.012. CONTRACTING. (a) For a purchase of goods and...

Section 80.013. Board Member Compensation - Sec. 80.013. BOARD MEMBER COMPENSATION. Board members serve without compensation...

Section 80.014. Discontinuation of Program and Corporation and Disposition of Funds on Discontinuance - Sec. 80.014. DISCONTINUATION OF PROGRAM AND CORPORATION AND DISPOSITION OF...

Section 80.015. Assessment Referenda - Sec. 80.015. ASSESSMENT REFERENDA. (a) The commissioner shall propose the...

Section 80.016. Conduct of Board Elections and Referenda; Balloting - Sec. 80.016. CONDUCT OF BOARD ELECTIONS AND REFERENDA; BALLOTING. (a)...

Section 80.017. Payment of Assessments; Assessment Liens - Sec. 80.017. PAYMENT OF ASSESSMENTS; ASSESSMENT LIENS. (a) A citrus...

Section 80.018. Exemption From Assessment Penalties - Sec. 80.018. EXEMPTION FROM ASSESSMENT PENALTIES. (a) The commissioner by...

Section 80.019. Entry of Premises; Suppression Activities; Inspections - Sec. 80.019. ENTRY OF PREMISES; SUPPRESSION ACTIVITIES; INSPECTIONS. The department,...

Section 80.020. Authority to Prohibit Planting of Citrus and Require Participation in Suppression Program - Sec. 80.020. AUTHORITY TO PROHIBIT PLANTING OF CITRUS AND REQUIRE...

Section 80.021. Authority for Destruction or Treatment of Citrus in Pest Management Zones; Compensation Payable - Sec. 80.021. AUTHORITY FOR DESTRUCTION OR TREATMENT OF CITRUS IN...

Section 80.022. Authority to Adopt Rules - Sec. 80.022. AUTHORITY TO ADOPT RULES. (a) The commissioner shall...

Section 80.023. Reports - Sec. 80.023. REPORTS. Each person in an active pest management...

Section 80.024. Documenting Regulated Articles - Sec. 80.024. DOCUMENTING REGULATED ARTICLES. To implement this chapter, the...

Section 80.025. Cooperative Programs Authorized - Sec. 80.025. COOPERATIVE PROGRAMS AUTHORIZED. (a) The corporation may carry...

Section 80.026. Organic Citrus Producers - Sec. 80.026. ORGANIC CITRUS PRODUCERS. (a) The commissioner shall develop...

Section 80.027. Penalties - Sec. 80.027. PENALTIES. (a) A person who violates this chapter...

Section 80.028. Dissolution Provision - Sec. 80.028. DISSOLUTION PROVISION. (a) The commissioner may order the...

Section 80.029. Annual Report - Sec. 80.029. ANNUAL REPORT. The board shall issue to the...

Section 80.030. Exemption From Taxation - Sec. 80.030. EXEMPTION FROM TAXATION. All payments, contributions, funds, and...

Section 80.031. Use of Bio-Intensive Controls - Sec. 80.031. USE OF BIO-INTENSIVE CONTROLS. (a) The commissioner shall...

Section 80.032. Venue - Sec. 80.032. VENUE. Venue for an action arising out of...

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Texas Statutes Title 5 - Production, Processing, and Sale of Horticultural Products Subtitle B - Horticultural Diseases and Pests

Texas Statutes
Title 5 - Production, Processing, and Sale of Horticultural Products
Subtitle B - Horticultural Diseases and Pests