Texas § AG.71.013 - CRIMINAL PENALTIES

§ AG.71.013. CRIMINAL PENALTIES

CRIMINAL PENALTIES. (a) A person commits an offense if, in violation of a rule adopted under Section 71.007 or 71.0081 of this code, the person: (1) sells, carries, or transports a plant, plant product, or substance that is found to be infested or infected or found to be from a quarantined area; (2) sells, carries, or transports a plant, plant product, or substance into a pest-free zone; (3) maintains ripening fruit during the host-free period on any tree declared to be a nuisance in the quarantine order; (4) fails or refuses to administer the treatment provided for, including specific methods of spraying, removal of diseased parts, removal and destruction of fallen or culled fruits, or removal of weeds or plants that may be hosts or carriers of insect pests or plant diseases; or (5) fails to store products in the manner required. (b) Except as provided by Subsection (b-1), an offense under this section is a Class C misdemeanor. (b-1) For the first violation constituting an offense under this section, in lieu of a criminal penalty, a registrant under Section 71.043 may remedy the violation by entering into a compliance agreement with the department and returning, treating, or destroying the article subject to the quarantine as directed by the department. (c) A person commits a separate offense for each plant or plant product sold or transported. (d) An offense under this section may be prosecuted in any county in which the violation occurs. Acts 1981, 67th Leg., p. 1155, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., 1st C.S., p. 244, ch. 22, art. II, Sec. 7, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 230, Sec. 45, eff. Sept. 1, 1989. Amended by: Acts 2021, 87th Leg., R.S., Ch. 1016 (H.B. 3289 ), Sec. 2, eff. September 1, 2021. SUBCHAPTER B. INSPECTION OF NURSERY PRODUCTS AND FLORIST ITEMS