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Texas Natural Resources Code - Chapter 152 Forest Pest ControlLegal Research Home > Texas Laws > Natural Resources Code > Texas Natural Resources Code - Chapter 152 Forest Pest Control It is the public policy of the State of Texas to control forest pests in or threatening forests in this state in order to protect ... Forest pests are declared to be a public nuisance. Acts 1977, 65th Leg., p. 2647, ch. 871, art. I, § 1, eff. Sept. 1, 1977. ... In this chapter: (1) "Service" means the Texas Forest Service. (2) "Forest pests" means insects and diseases that are harmful, injurious, or destructive to forests ... The Texas Forest Service shall administer the provisions of this chapter and make all relevant determinations. Acts 1977, 65th Leg., p. 2648, ch. 871, art. ... (a) The service shall make surveys and investigations to determine the existence of infestations of forest pests and means practical for their control by landowners. ... If the service finds an infestation existent or threatened in the state, it shall determine: (1) when control measures are needed; (2) the nature of ... After determining that an infestation exists, the service shall give notice of the fact by: (1) placing a notice in a newspaper or newspapers in ... At the hearing, the agent of the service who presides shall: (1) describe the conditions that have been found; (2) explain the measures needed to ... (a) As soon as practicable after the hearing, the service shall promulgate procedures to be followed for the control of the infestation and shall: (1) ... If the provisions of Sections 152.013 through 152.016 of this code have not been applied and control measures are needed to check the spread of ... (a) The notice required by Section 152.017 of this code shall inform the landowner of: (1) the facts found to exist; (2) his responsibilities for ... If the landowner has given notice to the service of an interest in the forest on his land owned by another, as provided for in ... (a) The service shall keep informed of what is done by the landowner to take measures to control the infestation and the result of it. ... If pest control measures prescribed by the service are not applied by the landowner or any other person within 10 days from the time notice ... (a) Except as provided in Subsection (b) of this section, all charges and expenses of destruction or control measures taken by the service shall be ... If control is undertaken by the service, the cost, not to exceed $10 for each infested acre or part of an acre on which control ... The attorney general may bring suit on behalf of the service in the county in which the infestation occurred to recover the claim against the ... If the landowner has given the service notice of an interest owned by another in the forest on his land and the landowner has made ... The service may enter into cooperative agreements with private landowners or forest owners, the federal government, or other public or private agencies to accomplish the ... Each owner of forest land shall control the forest pests on land owned by him or under his direction as provided in this chapter. Acts ... Within 10 days after notice is given as provided in Section 152.014 or 152.018 of this code, exclusive of the date the notice is given, ... (a) The landowner shall notify the service of his actions and the result of his actions. (b) The landowner may report to and consult with ... If all or part of the standing trees are owned by someone other than the landowner, either by a present right or by a future ... A landowner or person having control of forest land who is aggrieved by the notice given by the service is entitled to seek relief but ... The proceeding to obtain relief shall be in the district court of the county in which the land is located. Acts 1977, 65th Leg., p. ... The service shall not proceed with any control measures while the litigation is pending unless permission to do so is given by the court on ... If the final judgment in an action seeking relief from a notice is in favor of the landowner, the landowner may be entitled to injunctive ... If the final judgment is against the landowner, or if the landowner fails to seek relief in the district court of the county in which ... Last modified: August 11, 2007 |
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