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Texas Statutes (Last Updated: January 4, 2014) |
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AGRICULTURE CODE |
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Title 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL PRODUCTS |
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Subtitle B. HORTICULTURAL DISEASES AND PESTS |
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Chapter 71. GENERAL CONTROL |
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Subchapter A. INSPECTIONS; QUARANTINES; CONTROL AND ERADICATION ZONES |
Sec. 71.006. HEARING
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(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 more other persons appointed by the commissioner, shall hold a public hearing in a convenient and accessible place in order to investigate the pest or disease and determine if the pest or disease is a menace to a valuable plant or plant product. The persons conducting the hearing shall take the constitutional oath of office and may administer oaths to take testimony.
(b) The persons conducting the hearing shall record the proceedings and make a written report to the department with findings, and reasons supporting the findings as to:
(1) whether the pest or disease is a menace to an agricultural or horticultural crop;
(2) whether a quarantine is necessary or desirable; and
(3) if a quarantine is necessary or desirable, the best known means of controlling or exterminating the pest or disease.
(c) Following receipt of the report under Subsection (b) of this section, the department may establish the quarantine and adopt rules as necessary to the protection of the agricultural or horticultural interests of this state.