Texas Agriculture Code Title 5, Chapter 72 - Mexican Fruit Fly Control

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 72.001 - Definitions
  In this chapter: (1) "Host fruit" means a fruit susceptible to infestation by the Mexican fruit fly. (2) "Mexican fruit fly" means the insect Anastrepha...
• Texas Section 72.002 - Administration; Rules
  (a) The department shall administer this chapter in order to control or eradicate the Mexican fruit fly in this state and to protect all premises...
• Texas Section 72.004 - Entry Power
  In enforcing this chapter, the department may enter on any premises to inspect the premises or a tree, plant, shrub, or fruit growing or stored...
• Texas Section 72.005 - Reports And Notices
  A report, notice, statement, or record required by this chapter shall be in English and, unless otherwise provided, shall be in writing. Acts 1981, 67th...

SUBCHAPTER B QUARANTINES

• Texas Section 72.006 - Prosecutions
  On request of the department, an enforcement officer, or another interested person, the district or county attorney of any county in which a violation of...
• Texas Section 72.011 - Establishment
  (a) When advised of the existence of Mexican fruit fly within a county or part of a county in this state, the department shall certify...
• Texas Section 72.012 - Persons And Premises Subject
  The premises of each individual, whether an owner, lessee, renter, tenant, or occupant, within the area named in the quarantine are subject to the quarantine,...
• Texas Section 72.013 - Term
  A quarantine established under this subchapter is effective until modified or removed by the department. Acts 1981, 67th Leg., p. 1166, ch. 388, Sec. 1,...
• Texas Section 72.014 - Designated Counties
  Cameron, Hidalgo, and Willacy counties are designated as quarantined for the purposes of this chapter. Acts 1981, 67th Leg., p. 1166, ch. 388, Sec. 1,...

SUBCHAPTER C INFESTATION CONTROL

• Texas Section 72.015 - Movement Of Fruit In Violation Of Quarantine; Certificate
  (a) A person may not haul, truck, or otherwise move citrus fruit from any premises or area that is under quarantine for Mexican fruit fly...
• Texas Section 72.021 - Determination Of Infestation
  (a) If an accredited entomologist finds or knows that the larvae of the Mexican fruit fly exist on premises within a quarantined area, the entomologist...
• Texas Section 72.022 - Citrus Quarantine Advisory Committee
  (a) The commissioners court of a county in a quarantined area shall appoint a citrus quarantine advisory committee composed of four citrus growers and one...
• Texas Section 72.023 - Method Of Control
  (a) Taking into consideration the recommendations of the appropriate citrus quarantine advisory committee, the department shall determine the best method of controlling or eradicating a...
• Texas Section 72.024 - Host-free Period
  (a) The department may adopt the host-free period adopted by the United States Department of Agriculture for Mexican fruit fly quarantine in this state. During...
• Texas Section 72.025 - Unhusbandlike And Unsanitary Conditions; Orders Of Department
  (a) It is a public nuisance to maintain premises in a quarantined area in an unhusbandlike or unsanitary condition. A person maintains an unhusbandlike or...

SUBCHAPTER D REMEDIES

• Texas Section 72.026 - Expenses Of And Responsibility For Compliance With Order Of Department
  (a) If the department issues an order under Section 72.025(c) of this code, the owner, part owner, or caretaker of the premises involved shall furnish...
• Texas Section 72.041 - Appeal Of Department Order
  A person aggrieved by an order of the department may appeal to a court of competent jurisdiction within the county in which the premises subject...
• Texas Section 72.042 - Enforcement Of Department Order; Fees
  (a) If a person fails to comply with an order of the department under Section 72.025(c) of this code before the 11th day following the...
• Texas Section 72.043 - Lien
  (a) For the purpose of securing the payment of fees under Section 72.042 of this code, the department has a lien on all citrus fruit...
• Texas Section 72.044 - Injunctions; Mandamus
  (a) If a person responsible for execution of an order under Section 72.025(c) of this code fails or refuses, or threatens to fail or refuse,...
• Texas Section 72.045 - Seizure Of Ownerless Fruit
  If the department is not able to locate an owner, part owner, or caretaker for premises in a county in which Mexican fruit fly control...

SUBCHAPTER E PENALTIES

• Texas Section 72.046 - 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...
• Texas Section 72.061 - General Penalty
  (a) A person who violates any provision of this chapter for which a separate penalty is not provided commits an offense. (b) An offense under...
• Texas Section 72.062 - Failure To Comply With Department Order
  (a) A person commits an offense if the person fails or refuses to comply with an order of the department under Section 72.025(c) of this...
• Texas Section 72.063 - Public Nuisance
  (a) A person commits an offense if the person: (1) fails or refuses to clean quarantined premises or dispose of fruit in accordance with Section...
• Texas Section 72.064 - Movement Of Fruit In Violation Of Quarantine
  (a) A person commits an offense if the person violates a provision of Section 72.015 of this code. (b) An offense under this section is...

Last modified: September 28, 2016