Texas Agriculture Code Title 5, Chapter 71 - General Control

SUBCHAPTER A INSPECTIONS; QUARANTINES; CONTROL AND ERADICATION ZONES

• Texas Section 71.001 - Quarantines Against Out-of-state Diseases And Pests
  If the department determines that a dangerous insect pest or plant disease new to and not widely distributed in this state exists in any area...
• Texas Section 71.002 - Quarantines Against In-state Diseases And Pests
  If the department determines that a dangerous insect pest or plant disease not widely distributed in this state exists within an area of the state,...
• Texas Section 71.003 - Quarantines Around Pest-free Areas
  (a) If the department determines that an insect pest or plant disease of general distribution in this state does not exist in an area, the...
• Texas Section 71.004 - Emergency Quarantines
  (a) The department may establish an emergency quarantine without notice and public hearing if the department determines that a public emergency exists in which there...
• Texas Section 71.005 - Movement Of Plants From Quarantined Area
  (a) Except as provided by Subsection (b) of this section, the department shall prevent the movement, from a quarantined area into an unquarantined area or...
• Texas Section 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...
• Texas Section 71.007 - Rules
  (a) In addition to other rules necessary for the protection of agricultural and horticultural interests, the department may adopt rules that: (1) prevent the selling,...
• Texas Section 71.008 - Control Or Eradication Zone
  (a) On request of the commissioners court of any county, the department shall investigate whether a certain insect pest or plant disease exists in the...
• Texas Section 71.0081 - Vehicle Inspections For Insect Pests Or Plant Diseases
  (a) If the department establishes a quarantine or, without establishing a quarantine, determines that there is a likelihood of introduction or dissemination of an insect...
• Texas Section 71.0082 - Inspections For Certain Pests And Diseases
  (a) In addition to vehicle inspections authorized under Section 71.0081, the department and the Texas Animal Health Commission, under the direction of the department, shall...
• Texas Section 71.0083 - Agriculture Warrants
  (a) In addition to vehicle inspections authorized under Section 71.0081, the department may seek an agriculture warrant with respect to a plant pest or plant...
• Texas Section 71.009 - Seizure, Treatment, And Destruction Of Plants, Plant Products, And Other Substances
  (a) The department shall seize any plant, plant product, or substance that it determines: (1) is transported or carried from a quarantined area in violation...
• Texas Section 71.0091 - Seizure, Treatment, And Destruction Of A Citrus Plant, Citrus Plant Product, Or Citrus Substance
  (a) The department may seize a citrus plant, citrus plant product, or citrus substance that the department determines: (1) is transported or carried from a...
• Texas Section 71.0092 - Seizure, Treatment, Handling, And Destruction Of Certain Materials Within Quarantined Area
  (a) In this section, "quarantined article" means: (1) a plant, plant product, substance, or other item capable of hosting or facilitating the dissemination of an...
• Texas Section 71.010 - Appeals
  (a) A person who is aggrieved and will be injured by a quarantine or whose property is to be destroyed by order of the department...
• Texas Section 71.0101 - Department Of Public Safety To Cooperate
  The Department of Public Safety shall cooperate with the department in conducting inspections and enforcing the provisions of this subchapter. Added by Acts 1981, 67th...
• Texas Section 71.011 - Protection Of Carrier From Damages
  A carrier, including a railway, steamship, motorboat, bus, or truck, is not liable to a consignor or consignee for damages for refusing to receive and...
• Texas Section 71.012 - Civil Penalty; Injunction
  (a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not...

SUBCHAPTER B INSPECTION OF NURSERY PRODUCTS AND FLORIST ITEMS

• Texas Section 71.013 - Criminal Penalties
  (a) A person commits an offense if, in violation of a rule adopted under Section 71.007 or 71.0081 of this code, the person: (1) sells,...
• Texas Section 71.041 - Definitions
  In this subchapter: (1) "Florist" means a person who maintains, grows, raises, or buys and offers for sale or lease for profit florist items. (2)...
• Texas Section 71.042 - Duty Of Department; Rules
  The department shall enforce this subchapter and may adopt rules as necessary for the immunity and protection of plants from diseases and insect pests, including...
• Texas Section 71.043 - Annual Registration
  (a) A florist or nursery owner must register with the department under this section each nursery, greenhouse, orchard, garden, or other place growing for sale...
• Texas Section 71.044 - Inspection
  (a) At least once every three years the department shall inspect each nursery, greenhouse, orchard, garden, florist, nursery stock weather protection unit, or other place...
• Texas Section 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...
• Texas Section 71.047 - Expense Of Treatment
  (a) The owner, manager, or person in charge of the nursery product, florist item, or premises is liable for all expenses of treatment or destruction...
• Texas Section 71.048 - Appeal Of Notice Or Order
  (a) A person who is aggrieved by an order or notice of the department or whose property is to be destroyed under an order or...
• Texas Section 71.049 - Enforcement Of Notice Or Order
  (a) If the court decides against the appealing party under Section 71.048 of this code or if a party fails to perfect an appeal, the...
• Texas Section 71.050 - Certificate To Accompany Shipment
  (a) Nursery products or florist items offered for sale or lease, consigned for shipment, or shipped by freight, express, or other means of transportation shall...
• Texas Section 71.051 - Importation Certificates
  (a) Except as otherwise provided by department rule, a person may not ship a nursery product or florist item into this state without first obtaining...
• Texas Section 71.053 - Inspection Of Shipments
  (a) The department shall inspect shipments of nursery products or florist items in this state to determine if the shipments are accompanied by the tags...
• Texas Section 71.054 - Protection Of Carriers From Liability; Reporting Of Unlawful Shipments
  (a) A transportation company or common carrier is not liable for damages to a consignee or consignor for refusing to receive for transportation or refusing...
• Texas Section 71.055 - Revocation Of Certificate
  The department may revoke a certificate issued under this subchapter if it finds that the person to whom the certificate was issued: (1) made a...
• Texas Section 71.056 - Inspection Fees
  (a) The department shall fix by rule and collect a fee for inspection of nursery products or florist items when the inspection is required by...
• Texas Section 71.057 - Nursery Dealers And Agents; Annual Registration
  (a) A person who buys and sells or leases or offers for sale or lease a nursery product and who has facilities that maintain or...
• Texas Section 71.058 - Penalties
  (a) A person commits an offense if the person wilfully or negligently: (1) violates a provision of this subchapter; or (2) fails or refuses to...
• Texas Section 71.059 - Civil Penalty; Injunction
  (a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not...

SUBCHAPTER C INSPECTION OF VEGETABLE PLANTS

• Texas Section 71.060 - Stop-sale Order
  (a) If the department has reason to believe that a florist item or nursery product is in violation of this subchapter or a rule adopted...
• Texas Section 71.101 - Duty Of Department; Rules
  The department shall enforce this subchapter and may appoint inspectors and adopt rules necessary for that enforcement. Acts 1981, 67th Leg., p. 1160, ch. 388,...
• Texas Section 71.102 - Field Inspection
  The department shall conduct field inspections of vegetable plants and certify those plants prior to the preparation for shipment in order to provide the purchaser...
• Texas Section 71.103 - Inspection Certificate
  (a) Except as provided by Subsection (b) of this section, if the department determines following field inspection that the vegetable plants inspected are apparently free...
• Texas Section 71.104 - Tomato Diseases And Insects
  The department shall determine that tomato plants are apparently free from the following diseases and from damaging infestation of the following pests: DISEASESSCIENTIFIC NAME OF...
• Texas Section 71.105 - Cruciferous Plant Diseases And Insects
  The department shall determine that cruciferous plants, including cabbage, cauliflower, broccoli, and collards, are apparently free from the following diseases and from damaging infestation of...
• Texas Section 71.106 - Pepper Diseases
  The department shall determine that pepper plants are apparently free from the following diseases: DISEASESSCIENTIFIC NAME OF ORGANISM Nematode root knotHeterodera marioni Southern blightSclerotium rolfsii...
• Texas Section 71.107 - Onion Diseases And Insects
  The department shall determine that onion plants are apparently free from the following diseases and from damaging infestation of the following insects: DISEASESSCIENTIFIC NAME OF...
• Texas Section 71.108 - Eggplant Diseases
  The department shall determine that eggplants are apparently free from the following diseases: DISEASESSCIENTIFIC NAME OF ORGANISM Nematode root knotHeterodera marioni Southern blightSclerotium rolfsii Leaf...
• Texas Section 71.109 - Sweet Potato Diseases And Insects
  The department shall determine that sweet potato plants are apparently free from the following plant diseases and insects: DISEASESSCIENTIFIC NAME OF ORGANISM Stem rot or...
• Texas Section 71.110 - Treatment Or Destruction Of Plants
  (a) If, at the time of field inspection, the department finds an injurious pest or disease or insect listed in Sections 71.104-71.109, as applicable, the...
• Texas Section 71.111 - Certificate For Imported Plants
  (a) Except as provided by Subsection (b) of this section, a plant subject to certification under this subchapter that is shipped into this state shall...
• Texas Section 71.112 - Protection Of Carriers From Liability
  A transportation company or common carrier is not liable for damages to the consignee or consignor for refusing to receive for transportation or refusing to...
• Texas Section 71.113 - Revocation Of Certificate
  The department may revoke a certificate tag or stamp issued to a plant grower who: (1) makes a false representation; or (2) refuses to comply...
• Texas Section 71.114 - Fees
  (a) A person applying for a certificate tag or stamp shall pay an inspection fee at the time of application. (b) The department shall charge...
• Texas Section 71.115 - Packaging And Labeling Of Certified Plants
  (a) Each bundle or package of certified plants must be plainly labeled on the container with the count of the plants bundled or packaged. The...
• Texas Section 71.116 - Penalties
  (a) A person commits an offense if the person: (1) wilfully or negligently violates a provision of this subchapter; or (2) makes a false representation...

SUBCHAPTER D NOXIOUS AND INVASIVE PLANTS

• Texas Section 71.117 - Civil Penalty; Injunction
  (a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not...
• Texas Section 71.151 - List Required
  (a) The department by rule shall publish a list of noxious and invasive plant species that have serious potential to cause economic or ecological harm...
• Texas Section 71.152 - Noxious Or Invasive Plant Sale, Distribution, Or Importation Prohibited
  (a) A person commits an offense if the person sells, distributes, or imports into the state a noxious or invasive plant species included on the...
• Texas Section 71.153 - Local Regulation
  (a) A political subdivision may not adopt an ordinance or rule that restricts the planting, sale, or distribution of noxious or invasive plant species. (b)...
• Texas Section 71.154 - Disclaimer Required
  (a) A public entity, other than the department, that produces for public distribution to commercial or residential landscapers a list of noxious or invasive terrestrial...

Last modified: September 28, 2016