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.