Texas Agriculture Code - Section 71.006. Hearing
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§ 71.006. HEARING. (a) Before quarantining an area under
Section 71.001, 71.002, or 71.003 of this code, the chief
entomologist of the department and, if appointed, one or more other
persons appointed by the commissioner, shall hold a public hearing
in a convenient and accessible place in order to investigate the
pest or disease and determine if the pest or disease is a menace to a
valuable plant or plant product. The persons conducting the
hearing shall take the constitutional oath of office and may
administer oaths to take testimony.
(b) The persons conducting the hearing shall record the
proceedings and make a written report to the department with
findings, and reasons supporting the findings as to:
(1) whether the pest or disease is a menace to an
agricultural or horticultural crop;
(2) whether a quarantine is necessary or desirable;
and
(3) if a quarantine is necessary or desirable, the
best known means of controlling or exterminating the pest or
disease.
(c) Following receipt of the report under Subsection (b) of
this section, the department may establish the quarantine and adopt
rules as necessary to the protection of the agricultural or
horticultural interests of this state.
Acts 1981, 67th Leg., p. 1152, ch. 388, § 1, eff. Sept. 1, 1981.
Section: 64.0065 64.007 71.001 71.002 71.003 71.004 71.005 71.006 71.007 71.008 71.0081 71.0082 71.009 71.0091 71.0092
Last modified: August 10, 2007
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