Tex. Agric. Code § 71.046 · Subchapter B. INSPECTION OF NURSERY PRODUCTS AND FLORIST ITEMS
TREATMENT OR DESTRUCTION OF DISEASED OR INFESTED PLANTS OR PREMISES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Acts 1981, 67th Leg., p. 1156, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/AG/htm/AG.71.htm
- Text hash
- sha256 96f6525f675073ba9c8bf1520b6a3d7a3e728eee7c0be16985dc6cb4e1083afd
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 3 provisions
Provisions in this library whose text cites Tex. Agric. Code § 71.046. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.