Bill Text: TX HB4616 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relating to notifications by the Department of Agriculture of certain stop-sale orders applicable to plant products and the seizure or destruction of certain plant products.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2023-05-05 - Referred to Water, Agriculture, & Rural Affairs [HB4616 Detail]

Download: Texas-2023-HB4616-Comm_Sub.html

---

88R21072 MP-F
By: Vasut H.B. No. 4616
Substitute the following for H.B. No. 4616:
By: Kitzman C.S.H.B. No. 4616

A BILL TO BE ENTITLED
AN ACT
relating to notifications by the Department of Agriculture of
certain stop-sale orders applicable to plant products and the
seizure or destruction of certain plant products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.0012, Agriculture Code, is amended to
read as follows:
Sec. 12.0012. NOTIFICATIONS [NOTIFICATION]. (a) The
department shall, upon submission for publication, notify the Texas
Division of Emergency Management of each quarantine it adopts. The
department shall thereafter cooperate with the Texas Division of
Emergency Management in implementing any necessary safeguards to
protect the state's agricultural resources from potential
economic, health, or ecological disaster that may result from the
quarantined pest or disease.
(b) The department shall notify the governor, lieutenant
governor, speaker of the house of representatives, and chairs of
the house and senate committees with primary jurisdiction over the
department of:
(1) a stop-sale order under Section 18.010, 19.011, or
71.060 applicable to a plant product; or
(2) the seizure or destruction of any plant product
authorized by the department.
(c) A notification issued under Subsection (b) must be made
within 24 hours of the issuance of the order or the action taken by
the department and must include:
(1) the date and time of the order or action;
(2) the location of the plant product barred from
sale, seized, or destroyed;
(3) the reason for the order or action, including the
agency rule and statute used as justification for the order or
action;
(4) the type and quantity of the plant product barred
from sale, seized, or destroyed;
(5) if known, the name and contact information of the
owner or operator responsible for the plant product;
(6) the name and contact information of the inspector
or other person responsible for the order or action; and
(7) any other information considered relevant by the
department.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.