Texas Attorney General Opinion: H-1202 Page: 1 of 2
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The Attorney General of Texas
July 5, 1978JOHN L. HILL
Attorney General
Supreme Court Building
P.O. Box 12548
Austin, TX. 78711
512/475-2501
701 Commerce, Suite 200
Dallas, TX. 75202
214/742-8944
4824 Alberta Ave., Suite 160
El Paso, TX. 79905
915/533-3484
723 Main, Suite 610
Houston, TX. 77002
713/228-0701
806 Broadway, Suite 312
Lubbock, TX. 79401
806/747-5238
4313 N. Tenth, Suite F
McAllen, TX. 78501
512/682-4547
200 Main Plaza, Suite 400
San Antonio, TX. 78205
512/2254191
An Equal Opportunity
Affirmative Action EmployerHonorable Reagan V. Brown
Commissioner
Texas Department of Agriculture
P. O. Box 12847
Austin, Texas 78711Opinion No. H- 12 02
Re: Whether the Texas
Department of Agriculture may
issue a nursery inspection certi-
ficate based on inspection of
premises when no nursery stock
is present.Dear Commissioner Brown:
You
V.T.C.S.
based on
present.inquire about your duty to inspect nurseries under articles 119-135.1,
You ask whether you may issue a nursery inspection certificate
the inspection of premises at a time when no nursery stock isArticle 126a states in part:
The Commissioner of Agriculture shall cause to be
made at least once each year an examination of each
nursery or other place where nursery stock is exposed
for sale. If such stock so examined is apparently free
in all respects from any contagious or infectious
disease or dangerously injurious insect pests, the
Commissioner shall issue to the owner or proprietor of
such stock a certificate reciting that such stock so
examined was at the time of such examination
apparently free from any such disease or pest.
"Nursery" is defined to mean "any grounds or premises on which nursery stock
is grown, or exposed for sale." V.T.C.S. art. 135.1. Article 126 describes the
inspection process as follows:
The Commissioner shall inspect or cause to be
inspected at least once each year each and every place
offering items of nursery products or stock.. . top. 4826
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-1202, text, July 5, 1978; (https://texashistory.unt.edu/ark:/67531/metapth271727/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.