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.