CHAPTER 73. CITRUS DISEASES AND PESTS

AGRICULTURE CODE

TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL

PRODUCTS

SUBTITLE B. HORTICULTURAL DISEASES AND PESTS

CHAPTER 73. CITRUS DISEASES AND PESTS

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 67, eff.

Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1997, 75th Leg., ch. 211, Sec. 9, eff.

Sept. 1, 1997.

Sec. 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, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 68, eff.

Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 69, eff.

Sept. 1, 1989.

Sec. 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, Sec. 70, eff. Sept. 1,

1989.