BILL ANALYSIS
C.S.S.B. 1173
By: Lucio
Agriculture
4-13-95
Committee Report (Substituted)
BACKGROUND
Transmissible citrus diseases, especially tristeza, constantly
threaten the citrus industry. The amount of tristeza in Texas is
very limited, and elimination of the virus is possible using a
certain grafting technique that produces virus-free shoot tips.
PURPOSE
As proposed, C.S.S.B. 1173 creates the Citrus Budwood Advisory
Council and Citrus Budwood Certification Program to supervise the
designation of foundation groves and the certification of citrus
budwood grown in those groves.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the Department of Agriculture under SECTION 1 (Sections 19.006
and 19.009, Agriculture Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Title 2, Agriculture Code, by adding Chapter 19,
as follows:
CHAPTER 19. CITRUS BUDWOOD CERTIFICATION PROGRAM
Sec. 19.001. PURPOSE. Declares that the purpose of this
chapter is to assist nurserymen and citrus growers in
producing citrus nursery trees that are horticulturally sound,
are free from virus and other recognizable bud-transmissible
diseases, and are of an assured type of citrus variety by
supervising the certification of citrus budwood to be taken
from trees grown in foundation groves.
Sec. 19.002. DEFINITIONS. Defines "advisory council,"
"certified citrus budwood," "citrus budwood," "citrus grower,"
and "foundation grove."
Sec. 19.003. APPLICABILITY. Declares that this chapter
applies only to citrus budwood sold to citrus growers or to
commercial nurseries for resale to citrus growers, and not to
citrus budwood used for ornamental purposes.
Sec. 19.004. CITRUS BUDWOOD CERTIFICATION PROGRAM. (a)
Establishes the citrus budwood certification program, to be
administered by the Texas Department of Agriculture
(department).
(b) Requires the department to accomplish the purposes of
the program through the designation of foundation groves and
the certification of citrus budwood grown in those groves.
(c) Requires the department to set standards for foundation
grove size and citrus budwood certification, and to
designate individual foundation groves.
Sec. 19.005. ADVISORY COUNCIL. (a) Requires the commissioner
of agriculture to appoint the seven members of the advisory
council. Sets forth the membership of the advisory council.
(b) Provides that a member serves a two-year term and may be
reappointed.
(c) Declares that advisory council members are not eligible
for reimbursement of expenses.
Sec. 19.006. RULES. Requires the department to adopt rules
necessary to administer the citrus budwood certification
program.
Sec. 19.007. CERTIFICATION STANDARDS. (a) Requires the
department to establish certification standards for genetic
purity for varieties of citrus budwood by type; procedures
that must the followed to prevent introduction of citrus
tristeza, exocortis, cachexia, psorosis, and other identified
pathogens into budwood stock from and in foundation groves;
and procedures for certification of citrus budwood grown in
foundation groves.
(b) Requires the department to establish certification
standards and procedures for inspecting and testing for
diseases and for desirable horticultural characteristics,
certifying certain citrus budwood, maintaining a source of
citrus budwood of superior tested varieties for distribution
to the citrus industry, verifying propagation and special
rootstocks, and maintaining appropriate records required for
program participation.
Sec. 19.008. APPLYING FOR FOUNDATION GROVE DESIGNATION AND
BUDWOOD CERTIFICATION. Requires a person who desires to
operate a foundation grove and produce citrus budwood for sale
to the citrus industry to apply for foundation grove
designation and citrus budwood certification in accordance
with department rules.
Sec. 19.009. REVOCATION. Requires the department to
establish rules regarding the revocation of foundation grove
designation and citrus budwood certification.
Sec. 19.010. PROGRAM COST; FEES; ACCOUNT. (a) Requires the
department to set and collect fees, in an amount that recovers
the department's costs of administering the certification
program, from persons applying for foundation grove
designation or citrus budwood certification. Authorizes the
department to accept funds from the citrus industry or other
interested persons to cover program costs.
(b) Requires all fees and funds collected or contributed
under this program to be deposited to the credit of an
account in the general revenue fund. Authorizes account
money to be appropriated only for the purpose of
administering this chapter.
Sec. 19.011. STOP-SALE ORDER. (a) Authorizes the department,
if a person offers citrus budwood for sale and falsely claims
that it is certified citrus budwood or that it comes from a
designated foundation grove, to issue a warrant to stop the
sale of that budwood. Prohibits a person from selling citrus
budwood that is subject to a stop-sale order until the sale is
permitted by a court under Subsection (b) or the department
determines that the sale of the budwood complies with this
chapter.
(b) Authorizes the person named in the order to bring a suit
in a certain court. Authorizes the court, after the
hearing, to permit the sale of the budwood if the court
finds that the sale does not violate this chapter.
(c) Declares that this section does not limit the
department's right to act under another section of this
chapter.
Sec. 19.012. CRIMINAL PENALTY. Provides that a person
commits a Class C misdemeanor who sells, or offers to sell,
citrus budwood and falsely claims that it is certified citrus
budwood or that it comes from a designated foundation grove,
or who fails to comply with a department order under this
chapter.
Sec. 19.013. CIVIL PENALTY; INJUNCTION. (a) Makes a person
who violates this chapter or an order under this chapter
liable for a civil penalty not to exceed $500 for each
violation, and declares that each day a violation continues is
a separate violation.
(b) Requires the attorney general, or the county or district
attorney of the county in which the violation is alleged to
have occurred, to file suit to collect the penalty.
(c) Requires a civil penalty collected in a suit filed by
the attorney general to be deposited in the general revenue
fund. Requires a civil penalty collected in a suit filed by
a county or district attorney to be divided equally between
the state and the county.
(d) Entitles the department to appropriate injunctive relief
to prevent or abate a violation of this chapter or an order
under this chapter. Requires the attorney general, or the
county or district attorney, to file suit for the injunctive
relief upon the request of the department. Declares that
venue is in the county in which the alleged violation is
threatened or is occurring.
(e) Declares that a person is not subject to both a criminal
penalty under Section 19.012 and a civil penalty under this
section for the same violation of law.
Sec. 19.014. ADMINISTRATIVE PENALTIES. Authorizes the
department to asses an administrative penalty under Chapter 12
for a violation only if the department finds that a person
sells or offers to sell citrus budwood and falsely claims that
it is certified citrus budwood or that it comes from a
designated foundation grove.
SECTION 2. Amends Section 12.020(c), Agriculture Code, to
provide that a violation of the provisions under Chapter 19 of this
code carries a maximum penalty of $2,000.
SECTION 3. Emergency clause.
Effective date: upon passage.