2005 Texas Natural Resources Code CHAPTER 152. FOREST PEST CONTROL

NATURAL RESOURCES CODE

CHAPTER 152. FOREST PEST CONTROL

SUBCHAPTER A. GENERAL PROVISIONS


	§ 152.001. POLICY.  It is the public policy of the State 
of Texas to control forest pests in or threatening forests in this 
state in order to protect forest resources, enhance the growth and 
maintenance of forests, promote stability of forest-using 
industries, protect recreational wildlife uses, and conserve other 
values of the forest.

Acts 1977, 65th Leg., p. 2647, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.002. PUBLIC NUISANCE.  Forest pests are declared to 
be a public nuisance.

Acts 1977, 65th Leg., p. 2647, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.003. DEFINITIONS.  In this chapter:                                   
		(1)  "Service" means the Texas Forest Service.                                
		(2)  "Forest pests" means insects and diseases that are 
harmful, injurious, or destructive to forests and whose damage, if 
uncontrolled, is of considerable economic importance, and 
includes:
			(A)  pine bark beetles of the genera Dendroctonus, 
Ips, Pissodes, and Hylobius;
			(B)  sawflies of the genus Neodiprion;                                       
			(C)  defoliators in the genera Datana, 
Malacosoma, Hyphantria, Diapheromera, and Galerucella;
			(D)  pine shoot moth of the genus Rhyacionia;                                
			(E)  wilt of the genus Chalora;  and                                         
			(F)  rots of the genera Fomes and Polyporus.                                 
		(3)  "Forest land" means land on which the trees are 
potentially valuable for timber products, protection of 
watersheds, wildlife habitat, recreational uses, or for other 
purposes, but does not include land within the incorporated limits 
of a village, town, or city.
		(4)  "Forest" means the standing trees on forest land.                        
		(5)  "Control" means prevent, retard, suppress, 
eradicate, or destroy.      
		(6)  "Infestation" means actual infestation or 
infection at conditions beyond normal proportion causing abnormal 
epidemic loss to present or future commercial timber supply or 
both.
		(7)  "Landowner" and "owner" mean a person who owns 
forest land or has forest land under his direction irrespective of 
ownership.
		(8)  "Forest owner" means a person who owns the 
standing trees on forest land, either by a present right or by a 
future right under the terms of a valid existing contract.
		(9)  "Tract" means all contiguous land in common 
ownership.                 

Acts 1977, 65th Leg., p. 2647, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 

SUBCHAPTER B. POWERS AND DUTIES OF THE TEXAS FOREST SERVICE


	§ 152.011. IN GENERAL.  The Texas Forest Service shall 
administer the provisions of this chapter and make all relevant 
determinations.

Acts 1977, 65th Leg., p. 2648, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.012. SURVEYS AND INVESTIGATIONS.  (a) The service 
shall make surveys and investigations to determine the existence of 
infestations of forest pests and means practical for their control 
by landowners.
	(b)  Duly delegated representatives of the service may enter 
private land and public land, including that held by the United 
States if permission is obtained, for the purpose of conducting 
surveys and investigations.
	(c)  All the service's information shall be available to all 
interested landowners.

Acts 1977, 65th Leg., p. 2648, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.013. DETERMINATION OF AREA CONTROL MEASURES.  If 
the service finds an infestation existent or threatened in the 
state, it shall determine:
		(1)  when control measures are needed;                                        
		(2)  the nature of the control measures;                                      
		(3)  availability of control measures;  and                                   
		(4)  the techniques by which the control measures shall 
be applied.         

Acts 1977, 65th Leg., p. 2648, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.014. NOTICE OF FINDING OF INFESTATION.  After 
determining that an infestation exists, the service shall give 
notice of the fact by:
		(1)  placing a notice in a newspaper or newspapers in 
the county or counties in which any infested land is located, or, if 
there is no newspaper in the county, placing a notice in a newspaper 
or newspapers with general circulation in the county or counties in 
which any infested land is located, stating its findings and 
setting a time and place for a hearing on the need for the control of 
the pest, to be held not less than 10 days from the date of the 
notice;
		(2)  mailing copies of the notice to owners of forest 
land known to the service to have holdings in the affected area;  
and
		(3)  arranging for publicity on the subject by all news 
media serving the affected area.

Acts 1977, 65th Leg., p. 2648, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.015. HEARING.  At the hearing, the agent of the 
service who presides shall:
		(1)  describe the conditions that have been found;                            
		(2)  explain the measures needed to control the pest 
infestation;           
		(3)  hear all suggestions and protests;  and                                  
		(4)  record the proceedings.                                                  

Acts 1977, 65th Leg., p. 2648, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.016. PROCEDURES FOR CONTROL.  (a) As soon as 
practicable after the hearing, the service shall promulgate 
procedures to be followed for the control of the infestation and 
shall:
		(1)  mail a copy to all appearing at the hearing and to 
all to whom notices were originally sent;  and
		(2)  publish a copy in a newspaper circulated in the 
affected area in the same manner as publication of preliminary 
notice.
	(b)  Publication as provided in Subsection (a) of this 
section is notice to each landowner and each tract of land in the 
affected area on the date of publication.

Acts 1977, 65th Leg., p. 2649, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.017. SPECIFIC CONTROL MEASURES.  If the provisions 
of Sections 152.013 through 152.016 of this code have not been 
applied and control measures are needed to check the spread of the 
forest pests on forest land owned or controlled by any person, 
written notice, signed by a duly authorized representative of the 
service whose mailing address is shown on the notice, shall be given 
to the person owning or controlling the forest land.

Acts 1977, 65th Leg., p. 2649, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.018. NOTICE TO SPECIFIC LANDOWNER.  (a) The notice 
required by Section 152.017 of this code shall inform the landowner 
of:
		(1)  the facts found to exist;                                                
		(2)  his responsibilities for the control measures;                           
		(3)  the control technique recommended;                                       
		(4)  the law under which control must be accomplished;  
and                 
		(5)  the authority of the service in the event the 
landowner takes no action toward controlling the pest.
	(b)  The notice may be given by:                                               
		(1)  personal service on the landowner or on the person 
having control of the forest land;
		(2)  registered or certified mail directed to the 
landowner or person having control of the forest land at his last 
known address;  or
		(3)  if the person or his address is unknown, 
publication in one issue of a newspaper of general circulation in 
the county in which the land is located.
	(c)  A published notice under Subsection (b) of this section 
shall include the information specified in Subsection (a) of this 
section, state the name of the owner, if known, and briefly describe 
the land to which the notice applies.
	(d)  No other notice is necessary under the provisions of 
this chapter.      

Acts 1977, 65th Leg., p. 2649, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.019. NOTICE TO FOREST OWNER.  If the landowner has 
given notice to the service of an interest in the forest on his land 
owned by another, as provided for in Section 152.064 of this code, 
the service shall furnish the same information to the forest owner 
that it is required by the provisions of this chapter to give to the 
landowner.

Acts 1977, 65th Leg., p. 2649, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.020. SUPERVISION.  (a) The service shall keep 
informed of what is done by the landowner to take measures to 
control the infestation and the result of it.
	(b)  The service may change its prescribed procedures as 
conditions or new information may require.
	(c)  On request, the service shall certify when all 
reasonably practicable measures to be done by the landowner, 
pursuant to its prescribed procedures, have been completed.

Acts 1977, 65th Leg., p. 2649, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.021. CONTROL MEASURES APPLIED BY FOREST 
SERVICE.  If pest control measures prescribed by the service are 
not applied by the landowner or any other person within 10 days from 
the time notice is given as provided in this chapter, exclusive of 
the date the notice is given, representatives of the service shall 
enter the land and have the forest pests controlled or destroyed.

Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.022. EXPENSE OF CONTROL MEASURES TAKEN BY 
SERVICE.  (a) Except as provided in Subsection (b) of this section, 
all charges and expenses of destruction or control measures taken 
by the service shall be paid by the owner of the land on which the 
infestation occurred.
	(b)  If the tract with respect to which the service conducted 
control measures contains 50 acres of forest land or less and the 
landowner in whose name the record title to the land stands owns no 
more than 50 acres of forest land in the county in which the 
infestation occurred, the cost of control shall be borne by the 
service.

Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.023. CLAIM AGAINST LANDOWNER.  If control is 
undertaken by the service, the cost, not to exceed $10 for each 
infested acre or part of an acre on which control measures have been 
employed, constitutes a legal claim against the landowner, but does 
not constitute a lien on any land owned by the landowner.

Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.024. SUIT.  The attorney general may bring suit on 
behalf of the service in the county in which the infestation 
occurred to recover the claim against the landowner, together with 
all costs incurred in the suit.

Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.025. LANDOWNER REIMBURSEMENT.  If the landowner has 
given the service notice of an interest owned by another in the 
forest on his land and the landowner has made expenditures for pest 
control purposes as provided in Section 152.062 of this code, or has 
paid a legal claim against him under the provisions of Sections 
152.022 through 152.024 of this code, the landowner is entitled to a 
reasonable reimbursement for the expenses from the forest owner.  
The reimbursement shall be proportional to the interest owned in 
the forest by the forest owner.

Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.026. COOPERATIVE AGREEMENTS.  The service may enter 
into cooperative agreements with private landowners or forest 
owners, the federal government, or other public or private agencies 
to accomplish the control of forest pests.

Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 

SUBCHAPTER C. POWERS AND DUTIES OF THE LANDOWNER


	§ 152.061. GENERAL DUTY OF LANDOWNER.  Each owner of 
forest land shall control the forest pests on land owned by him or 
under his direction as provided in this chapter.

Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.062. DUTY TO APPLY CONTROL MEASURES.  Within 10 
days after notice is given as provided in Section 152.014 or 152.018 
of this code, exclusive of the date the notice is given, each 
affected landowner shall commence diligently to take measures to 
control the infestation as prescribed and continue this activity 
with all practical expedition and efficiency under the direction of 
the service.

Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.063. REPORTS AND CONSULTATION WITH SERVICE.  (a) 
The landowner shall notify the service of his actions and the result 
of his actions.
	(b)  The landowner may report to and consult with a 
representative of the service as often as necessary.

Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.064. NOTIFYING SERVICE OF FOREST OWNER.  If all or 
part of the standing trees are owned by someone other than the 
landowner, either by a present right or by a future right under the 
terms of a valid existing contract, the landowner shall notify the 
service of that fact and furnish the names and addresses of the 
forest owner within 10 days after receiving the notice from the 
service as provided for in Section 152.014 or 152.018 of this code.

Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 

SUBCHAPTER D. JUDICIAL REVIEW


	§ 152.101. JUDICIAL REVIEW OF SERVICE NOTICE.  A 
landowner or person having control of forest land who is aggrieved 
by the notice given by the service is entitled to seek relief but 
only if the proceedings to obtain the relief are initiated within 10 
days from the time notice is given, exclusive of the date the notice 
is given.

Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.102. VENUE.  The proceeding to obtain relief shall 
be in the district court of the county in which the land is located.

Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.103. CONTROL MEASURES PENDING LITIGATION.  The 
service shall not proceed with any control measures while the 
litigation is pending unless permission to do so is given by the 
court on a showing of probable harm due to a delay in using the 
control measures.

Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.105. INJUNCTIVE RELIEF FOR LANDOWNER.  If the final 
judgment in an action seeking relief from a notice is in favor of 
the landowner, the landowner may be entitled to injunctive relief 
against the use of any control measures on his forest land by the 
service until such time as the court may determine.

Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 152.106. NOTICE FINAL.  If the final judgment is 
against the landowner, or if the landowner fails to seek relief in 
the district court of the county in which the land is located, the 
notice from the service is final, and the service shall summarily 
take the measures necessary to control the infestation.

Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, § 1, eff. Sept. 1, 
1977.