Texas Agriculture Code - Section 71.046. Treatment Or Destruction Of Diseased Or Infested Plants Or Premises
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§ 71.046. TREATMENT OR DESTRUCTION OF DISEASED OR
INFESTED PLANTS OR PREMISES. (a) If the department determines that
any nursery product, florist item, or premises are diseased or pest
infested, the department shall take action necessary to abate the
nuisance and protect the public health and welfare. If the
department determines that the diseased or infested product, item,
or premises should be treated or destroyed, the department shall
give written notice to the owner, manager, or person in control of
the product, item, or premises.
(b) The department shall deliver the notice under
Subsection (a) of this section in person or by registered or
certified mail to the last known address of the person to whom the
notice is directed. The notice shall be in a form prescribed by the
department and signed by the commissioner or the commissioner's
designee. The notice must:
(1) name the product, item, or premises to be treated
or destroyed;
(2) give a brief statement of the facts found to exist;
and
(3) give a brief statement of the reasons
necessitating treatment or destruction of the product, item, or
premises.
(c) Before the 11th day following the day on which notice is
received, the person receiving the notice shall remove, destroy, or
treat the product, item, or premises as directed by the department.
(d) For the purposes of enforcing this section, the
department is entitled to enter on any premises in order to inspect,
treat, or destroy any diseased or pest infested nursery product,
florist item, or premises.
(e) The department is not liable for damages resulting from
the exercise of duties under this section.
Acts 1981, 67th Leg., p. 1156, ch. 388, § 1, eff. Sept. 1, 1981.
Section: 71.011 71.012 71.013 71.041 71.042 71.043 71.044 71.046 71.047 71.048 71.049 71.050 71.051 71.053 71.054
Last modified: August 10, 2007
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