Texas Natural Resources Code Title 6, Chapter 152 - Forest Pest Control

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 152.001 - Policy
  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...
• Texas Section 152.002 - Public Nuisance
  Forest pests are declared to be a public nuisance. Acts 1977, 65th Leg., p. 2647, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.

SUBCHAPTER B POWERS AND DUTIES OF THE TEXAS FOREST SERVICE

• Texas Section 152.003 - Definitions
  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...
• Texas Section 152.011 - In General
  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....
• Texas Section 152.012 - Surveys And Investigations
  (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....
• Texas Section 152.013 - Determination Of Area Control Measures
  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...
• Texas Section 152.014 - Notice Of Finding Of Infestation
  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...
• Texas Section 152.015 - Hearing
  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...
• Texas Section 152.016 - Procedures For Control
  (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)...
• Texas Section 152.017 - Specific Control Measures
  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...
• Texas Section 152.018 - Notice To Specific Landowner
  (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...
• Texas Section 152.019 - Notice To Forest Owner
  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...
• Texas Section 152.020 - Supervision
  (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....
• Texas Section 152.021 - Control Measures Applied By Forest Service
  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...
• Texas Section 152.022 - Expense Of Control Measures Taken By Service
  (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...
• Texas Section 152.023 - Claim Against Landowner
  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...
• Texas Section 152.024 - Suit
  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...
• Texas Section 152.025 - Landowner Reimbursement
  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...

SUBCHAPTER C POWERS AND DUTIES OF THE LANDOWNER

• Texas Section 152.026 - Cooperative Agreements
  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...
• Texas Section 152.061 - General Duty Of Landowner
  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...
• Texas Section 152.062 - Duty To Apply Control Measures
  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,...
• Texas Section 152.063 - Reports And Consultation With Service
  (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...

SUBCHAPTER D JUDICIAL REVIEW

• Texas Section 152.064 - Notifying Service Of Forest Owner
  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...
• Texas Section 152.101 - Judicial Review Of Service Notice
  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...
• Texas Section 152.102 - Venue
  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....
• Texas Section 152.103 - Control Measures Pending Litigation
  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...
• Texas Section 152.105 - Injunctive Relief For Landowner
  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...
• Texas Section 152.106 - Notice Final
  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: September 28, 2016