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on three several days be suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.
Approved April 19, 1909.
FRUIT TREES—TO PREVENT KEEPING WHEN AFFECTED
WITH CERTAIN PESTS OR DISEASES. H. B. No. 121.]
CHAPTER 19. An Act to prevent the keeping of certain fruit trees affected with yellows, crown
gall, black knot, or any tree, shrub or plant infested with or by the San Jose scale, white fly, or other dangerous, injurious or destructive pests or diseases, and declaring such affected and infested trees, shrubs and plants a public nuisance, and making it the duty of the Commissioner of Agriculture or his agents or employes to seek out and destroy such trees, shrubs and plants, or cause the same to be done, or to have such affected or infested trees treated; and providing the manner of such treatment and destruction and for certain investigations by the Commissioner of Agriculture; providing the manner of combating such diseases and pests and preventing their spread and dissemination; providing for the inspection of orchards, nurseries, forest trees and greenhouse plants and giving certificates to that effect; regulating alien individuals and alien nursery companies or corporations doing business in this State; regulating the importation of trees, shrubs, plants and all nursery stock from without the State, and regulating their transportation within the State; forbidding the selling, consignment or shipping of nursery stock, cuttings, plants, shrubs, forest trees, evergreens, ornamentals and cut flowers without such certificates; providing for the fumigation of certain trees, shrubs and plants; defining a nursery and nursery stock; defining an agent for a nursery or nursery stock; defining a dealer in nursery stock; defining being in the nursery business; authorizing the Commissioner of Agriculture to adopt certain rules and regulations and to appoint a chief inspector of trees, shrubs and plants for this State and prescribing and defining the qualifications of such chief inspector, and to employ other assistants, agents and experts and fixing their compensation; providing for fixing fees for inspection; fixing penalties for violation of any of the provisions of this Act, and directing the disposal of the penalties collected under the provisions of this Act; fixing the duties of city administrations, owners of parks and city residences to obey rules and regulations of the Commissioner of Agriculture, and to co-operate with the Commissioner of Agriculture; providing that agents for nurseries shall have credentials and defining their duties; repealing all laws and parts of laws
in conflict herewith, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. That no person in this State shall knowingly or wilfully keep any peach, almond, apricot, nectarine or other trees affected with the contagious disease known as vellows. Nor shall any person keep for sale any apple, peach, plum or other tree affected with nematode galls, crown galls, or root rot. Nor shall any person knowingly or wilfully keep any plum, cherry or other trees affected with the contagious disease or fungus known as black knot; nor any tree, shrub or plant infested with or by the San Jose scale or other insect pest dangerously injurious to or destructive of trees, shrubs or other plants; nor any orange or lemon trees, citrus stocks, cape jasmines or other trees, plants or shrubs infested with "white fly” or other injurious insect pests or contagious diseases of citrus fruits; nor subtropical plants, shrubs, evergreens or ornamentals; nor any china, forest or other trees, shrubs or plants, infested with injurious insect pests or contagious diseases. Every such tree, shrub or plant shall be a public nuisance, and as such it shall be the duty of the Commsisioner of Agriculture or his representatives to abate it and no damage shall be awarded for entering upon the premises upon which there are trees, shrubs or plants infected with yellows, black knot, crown gall or other infectious or dangerous disease, or infected with San Jose scale or other dangerous insect pest, for the purpose of legally inspecting the same; nor shall any damages be awarded for the treatment by the Commissioner of Agriculture or his duly authorized agents or representatives of such trees, shrubs or plants, or for altogether destroying such trees if necessary to suppress such insect pest or disease, if done in accordance with the provisions of this article. But the owner of the trees, shrubs or plants shall be notified immediately upon its being determined that such trees, shrubs or plants should be destroyed, by a notice in writing signed by the commissioner or the person or persons representing him, which said notice in writing shall be delivered in person to the owner of such trees, shrubs or plants, or left at the usual place of residence of such owner, or if such owner be not a resident of the locality, to notify by leaving such notice with the person in charge of the premises, trees, shrubs or plants, or in whose possession they may be. Such notice shall contain a brief statement of the facts found to exist, whereby it is necessary to destroy such trees, shrubs or plants, and shall call attention to the law under which it is proposed to destroy them, and the owner shall within ten days from the date upon which such notice sha! have been received, remove and burn all such diseased or infected trees, shrubs or plants. If, however, in the judgment of said commissioner, or person representing him, any tree, shrub or plant infected with any disease, or infested with dangerously injurious insects, can be treated with sufficient remedies, he may direct such treatment to be carried out by the owner under the direction of the commissioner, agent, employe or representatives. In case of objections to the findings of the chief inspector, employes or representatives of the commissioner, an appeal may be made to the commissioner, whose decision shall be final. An appeal must be taken within five days from service of said notice, and shall act as a stay of proceedings until it is beard and decided. When the commissioner, or chief inspector, or employe, or representative appointed by himi, shall determine that any tree or trees, shrub or other plants must be treated or destroyed forthwith, he may employ all necessary assistance for that purpose, and such representative or representatives, agent or agents, emplove or employes may enter upon any or all premises necessary for the purpose of such treatment, removal or destruction. But such commissioner or the person representing him shall, before such treatment or destruction, first require the owner or person in charge of the trees, shrubs or plants, to treat or destroy same as the case may be; and upon the refusal or neglect upon the part of said owner or person in charge to so treat or destroy such trees, plants or shrubs, then such commissioner, chief inspector, or person or persons representing him shall treat or destroy such trees, shrubs or plants, and all charges and expenses thereof shall be paid by such owner or person in charge of said trees, shrubs or plants, and shall constitute a legal claim against such owner or person in charge, which may be recovered in any court having jurisdiction upon the suit of such commissioner or chief inspector, or the county attorney of the county where the premises are situated, together with all costs, including an attorney fee of ten dollars, to be taxed as other costs.
SEC. 2. The Commissioner of Agriculture shall cause an examination to be made at least once each year of each and every nursery or other place where trees, shrubs or plants, commonly known as nursery stock, are grown or exposed for sale, for the purpose of ascertaining whether the trees, shrubs or plants therein kept or propagated for sale are infected with contagious disease or diseases, or infested with insect pests. If after such examination it is found that the said trees, shrubs or other plants so examined are apparently free in all respects from any contagious or infectious disease or diseases, dangerously injurious insect pest or pests, the said commissioners shall issue to the owner or proprietor of the stock so examined a certificate setting forth the fact that the stock so examined was at the time of such examination apparently free from any and all such disease or diseases, insect pest or pests. No such certificate shall be negotiable or transferable, and shall be void if sold or transferred. Any such act or sale or transference shall be punishable as provided by this Section.
All nursery stock consigned for shipment, or shipped by freight, express or other means of transportation shall be accompanied by a copy of said certificate attached to each car, box, bale, bundle or package. It is specifically provided that when such box, bale, bundle or package, contains nursery stock to be delivered to more than one individual, partnership, or corporation, that each portion of such nursery stock to be delivered to such individual, partnership, or corporation shall also bear a copy of the certificate of inspection issued as provided in this Section. Should any individual, partnership or corporation, nursery agent, or dealer or broker, send out or deliver within the State, trees, vines, shrubs, plants, buds or cuttings commonly known as nursery stock, and which are subject to the attacks of insects and diseases above provided for, unless he has in his possession a copy of said certificate, dated within a year thereof, deface or destroy such certificate, or wrongfully be in possession of such certificate, or fail to attach proper tags on each and every shipment, such tags bearing a copy of the said certificate, he shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than one hundred dollars, nor more than two hundred dollars.
SEC. 3. No individual, partnership or corporation outside the State shall be permitted to ship nursery stock into this State without first filing with the Commissioner of Agriculture a certified copy of his or their certificate of inspection issued by the proper authorities in the state in which the proposed shipment originates. This certificate must show that the stock to be shipped has been examined by the proper officer of inspection in that state or province, and that the stock is apparently free from all dangerous insect pests or contagious diseases; and that when fumigation is required by the Commissioner of Agriculture, that the stock has been properly fumigated. Immediately upon receipt of the filing with the Commissioner of Agriculture of this certificate, he shall, in addition, make further investigation as to the moral standing and integrity of the applicant as will satisfy him that the applicant is entitled to receive a certificate. A fee of five dollars shall be required from the applicant, upon receipt of which the Commissioner of Agriculture may issue a certificate permitting the applicant to ship into the State. Each box, bale or package of nursery stock from outside the State shall bear a tag on which is printed a copy of the certificate of this State, and also a copy of the certificate of the state in which it originates.
So transportation company or common carrier shall receive, transport or deliver shipments of nursery stock originating either within or without the state which do not bear shipping tags or labels showing the certificate of inspection of the state in which it originates, together with the permit from this State. if it be a shipment from without the State. Any individual, partnership or corporation from without the State, or any agent of any transportation company, common carrier, or any person or persons who shall violate the provisions of this article shall be guilty of a misdemeanor, and upon conviction shall be fined not less than fifty nor more than two hundrei dollars, together with all costs for each offense.
Provided, that no transportation company or common carrier shall be liable for damages to the consignee or consignor for refusing to receive for transportation or deliver such trees, packages, bales, bundles or boxes when not accompanied by copies of the certificates provided for in this Section. The agent of such companies or common carriers shall report any such shipment to the Commissioner of Agriculture immediately. Shipments of nursery stock into this State, or originating within the State, without tags or proper certificates as provided for in this Section shall be dealt with as in Section 1 of this Act.
SEC. 4. The commissioner shall have power to revoke any certifcabe which has been issued when he shall find that false representations have been made by the party or parties to whom certificates have been issued, or who have refused to comply with the law, instructions, rules and reg ulations given by the Commissioner of Agriculture in reference to the provisions of this Act and its enforcement. Any individual, partnership, or corporation who shall be guilty of interfering with, refusing or preventing the Commissioner of Agriculture, or his representatives, in the execution of their official duties, to enter upon any premises owned, used or leased by them, and any person who shall make false representations for the purpose of obtaining a certificate from the Commissioner of Agriculture shall be guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five dollars nor more than two hundred dollars, together with all costs for each offense.
Sec. 5. The Commissioner of Agriculture shall enforce the provisions of this Act, and make and enforce such rules and regulations as may be deemed necessary for carrying into effect this Act, not inconsistent with same, and for the inspection of nurseries, orchards, forest trees, greenhouses and any other premises deemed necessary to carry out the provisions of this Act, together with all products originating from same within the meaning of this Act. He shall also appoint one person who shall be designated as chief inspector whose duty it shall be to inspect or cause to be inspected under the directions of the Commissioner of Agriculture all trees, plants and shrubs of every kind whatsoever, grown, produced or offered for sale by any nursery, dealer, individual or corporation in this State, and also to inspect or cause to be inspected all orchards provided for in this Act, and may cmploy such other person or persons, expert or experts, as may be necessary from time to time for administering and carrying into operation and enforcing the provisions of this Act; provided, that the chief inspector employed under the provision of this Act shall not during the time of such service be interested in or connected with any nursery business whatsoever. The said commissioner shall fix and collect reasonable fees for the inspection, as provided for in this Act, provided that not less than $2.50 nor more than $15.00 shall be charged for each inspection under the provisions of this Act. All fees collected under the provision of this Section shall be paid to the Department of Agriculture and credited to the fund provided for administering this Act.
Any person or persons, expert or experts, employed by the Commissioner of Agriculture for the purpose of administering the provisions, rules and regulations of this Act shall be paid a salary. Any such salary shall not exceed the sum of $5.00 per diem and traveling expenses while actually engaged in performing their duties, any such salary and expenses to be paid out of any fund made available to the Department of Agriculture for the enforcement of this Act.
Sec. 6. If the said commissioner or any of his agents or employes give a false certificate, or a certificate without an actual examination of the nursery stock for which such certificate is given, to any owner, proprietor or lessee of any nursery, or owner of nursery stock, or to any other person, for use under the provisions of this Act, he shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $500 nor more than $1000 for each offense.
Sec. 7. To enforce the provisions of this Act and the rules and regilations of the Commissioner of Agriculture in reference thereto, suit shall be entered by the county attorney in any court having jurisdiction, [and] the sheriff or peace officer of any such court shall perform his usual duties in enforcing the provisions of this Act. That any moneys appropriated for the Department of Agriculture for the administration of this Act shall be available for use to the amount necessary for the enforcement of this Act as indicated in this Section, provided that all fines collected from prosecuting any individual, partnership or corporation, shall revert to the available school fund of the county in which the prosecution originates and is tried.
SEC. 8. The term "nursery stock” within the meaning of this Act shall include all fruit trees and vines, shade trees and forest trees, whether such shade or forest trees be especially grown for sale in a nursery or taken from the forests and offered for sale; all scions, seedlings, roses, evergreens, shrubbery or ornamentals, also such greenhouse plants, or propagation stock; all classes of berry plants, cut flowers taken from plants, bushes, shrubs or other trees growing in this State, which may be à medium for disseminating injurious insect pests and contagious diseases.
The term "nursery” shall be construed to mean any grounds or premises on which nursery stock is grown, or exposed for sale. "Being in the nursery business” applies to any individual, partnership or corporation which may either sell or grow, or both grow and sell, nursery stock, regardless of the variety or quantity of nursery stock sold or grown.