74R10085 JRD-F By Cuellar of Hidalgo H.B. No. 2536 Substitute the following for H.B. No. 2536: By King C.S.H.B. No. 2536 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to establishing a citrus budwood certification program for 1-3 the designation of foundation groves containing citrus trees from 1-4 which citrus budwood is certified as free of certain pathogens and 1-5 as to type of citrus variety; providing penalties. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Title 2, Agriculture Code, is amended by adding 1-8 Chapter 19 to read as follows: 1-9 CHAPTER 19. CITRUS BUDWOOD CERTIFICATION PROGRAM 1-10 Sec. 19.001. PURPOSE. The purpose of this chapter is to 1-11 assist nurserymen and citrus growers in producing citrus nursery 1-12 trees that are horticulturally sound, are free from virus and other 1-13 recognizable bud-transmissible diseases, and are of an assured type 1-14 of citrus variety by supervising the certification of citrus 1-15 budwood to be taken from trees grown in foundation groves. 1-16 Sec. 19.002. DEFINITIONS. In this chapter: 1-17 (1) "Advisory council" means the citrus budwood 1-18 advisory council. 1-19 (2) "Certified citrus budwood" means citrus budwood 1-20 grown in a foundation grove that meets standards required by the 1-21 department for assurance of type of citrus variety and for freedom 1-22 from pathogens, including citrus tristeza, exocortis, cachexia, 1-23 psorosis, and other viral or viroid diseases dangerous to the 2-1 citrus industry. 2-2 (3) "Citrus budwood" means a portion of a stem or 2-3 branch of a citrus tree containing buds used in propagation by 2-4 budding or grafting. 2-5 (4) "Citrus grower" means a citrus producer growing 2-6 and producing citrus for commercial marketing purposes. 2-7 (5) "Foundation grove" means a grove containing parent 2-8 trees from which certified citrus budwood is obtained. 2-9 Sec. 19.003. APPLICABILITY. This chapter applies only to 2-10 citrus budwood sold to citrus growers or to commercial nurseries 2-11 for resale to citrus growers. This chapter does not apply to 2-12 citrus budwood used for ornamental purposes. 2-13 Sec. 19.004. CITRUS BUDWOOD CERTIFICATION PROGRAM. (a) The 2-14 citrus budwood certification program is established. The 2-15 department administers the program. 2-16 (b) The department shall accomplish the purposes of the 2-17 program through the designation of foundation groves and the 2-18 certification of citrus budwood grown in foundation groves. 2-19 (c) The department, with the advice of the advisory council, 2-20 shall set standards for foundation grove size, set standards for 2-21 citrus budwood certification, and designate individual foundation 2-22 groves. 2-23 Sec. 19.005. ADVISORY COUNCIL. (a) The commissioner shall 2-24 appoint the advisory council. The advisory council is composed of 2-25 seven members, including: 3-1 (1) one member representing the department; 3-2 (2) one member representing The Texas A&M 3-3 University--Kingsville Citrus Center at Weslaco; 3-4 (3) two members representing the citrus nursery 3-5 industry; 3-6 (4) two members representing citrus growers; and 3-7 (5) one member having specialized knowledge in citrus 3-8 diseases and pests. 3-9 (b) A member serves a two-year term and may be reappointed. 3-10 (c) Members of the advisory council are not eligible for 3-11 reimbursement of expenses arising from service on the advisory 3-12 council. 3-13 Sec. 19.006. RULES. The department, with the advice of the 3-14 advisory council, shall adopt standards and rules necessary to 3-15 administer the citrus budwood certification program. 3-16 Sec. 19.007. CERTIFICATION STANDARDS. (a) The department 3-17 shall establish the certification standards for: 3-18 (1) genetic purity for varieties of citrus budwood by 3-19 type; 3-20 (2) procedures that must be followed to prevent the 3-21 introduction of citrus tristeza, exocortis, cachexia, psorosis, and 3-22 other identified pathogens into budwood stock from and in 3-23 foundation groves; and 3-24 (3) procedures for certification of citrus budwood 3-25 grown in foundation groves. 4-1 (b) The department shall establish standards and procedures 4-2 for: 4-3 (1) inspecting and testing for diseases, using current 4-4 technologies in disease diagnosis, and for desirable horticultural 4-5 characteristics of citrus budwood grown in designated foundation 4-6 groves; 4-7 (2) certifying citrus budwood meeting requirements 4-8 established under this chapter; 4-9 (3) maintaining a source of citrus budwood of superior 4-10 tested varieties for distribution to the citrus industry; 4-11 (4) verifying propagation of citrus varieties and 4-12 special rootstocks for growers on request; and 4-13 (5) maintaining appropriate records required for 4-14 participation in the program. 4-15 Sec. 19.008. APPLYING FOR FOUNDATION GROVE DESIGNATION AND 4-16 BUDWOOD CERTIFICATION. A person who desires to operate a 4-17 foundation grove and produce certified citrus budwood for sale to 4-18 the citrus industry shall apply for foundation grove designation 4-19 and citrus budwood certification in accordance with rules adopted 4-20 by the department. 4-21 Sec. 19.009. REVOCATION. The department shall establish 4-22 rules regarding the revocation of foundation grove designation and 4-23 citrus budwood certification. 4-24 Sec. 19.010. PROGRAM COST; FEES; ACCOUNT. (a) The 4-25 department shall set and collect fees from persons applying for 5-1 foundation grove designation or citrus budwood certification. The 5-2 department shall set the fees in an amount that recovers the 5-3 department's costs in administering the citrus budwood 5-4 certification program. The department may also accept funds from 5-5 the citrus industry or other interested persons to cover the costs 5-6 of administering the program. 5-7 (b) All fees and funds collected or contributed under this 5-8 section shall be deposited to the credit of an account in the 5-9 general revenue fund. Money in the account may be appropriated 5-10 only to the department for the purpose of administering this 5-11 chapter. 5-12 Sec. 19.011. STOP-SALE ORDER. (a) If a person offers 5-13 citrus budwood for sale falsely claiming that it is certified 5-14 citrus budwood or that it comes from a designated foundation grove, 5-15 the department may issue a written order to stop the sale of that 5-16 citrus budwood. A person may not sell citrus budwood that is 5-17 subject to a stop-sale order under this section until: 5-18 (1) the sale is permitted by a court under Subsection 5-19 (b); or 5-20 (2) the department determines that the sale of the 5-21 budwood is in compliance with this chapter and rules adopted under 5-22 this chapter. 5-23 (b) The person named in the order may bring suit in a court 5-24 in the county where the citrus budwood subject to the stop-sale 5-25 order is located. After a hearing, the court may permit the 6-1 budwood to be sold if the court finds the budwood is not being 6-2 offered for sale in violation of this chapter. 6-3 (c) This section does not limit the department's right to 6-4 act under another section of this chapter. 6-5 Sec. 19.012. CRIMINAL PENALTY. (a) A person commits an 6-6 offense if the person: 6-7 (1) sells or offers to sell citrus budwood falsely 6-8 claiming that it is certified citrus budwood or that it comes from 6-9 a designated foundation grove; or 6-10 (2) fails to comply with an order of the department 6-11 issued under this chapter. 6-12 (b) An offense under this section is a Class C misdemeanor. 6-13 Sec. 19.013. CIVIL PENALTY; INJUNCTION. (a) A person who 6-14 violates this chapter or an order adopted under this chapter is 6-15 liable to the state for a civil penalty not to exceed $500 for each 6-16 violation. Each day a violation continues is a separate violation 6-17 for purposes of civil penalty assessment. 6-18 (b) On request of the department, the attorney general or 6-19 the county attorney or district attorney of the county in which the 6-20 violation is alleged to have occurred shall file suit to collect 6-21 the penalty. 6-22 (c) A civil penalty collected under this section in a suit 6-23 filed by the attorney general shall be deposited in the general 6-24 revenue fund. A civil penalty collected under this section in a 6-25 suit filed by a county or district attorney shall be divided 7-1 between the state and the county in which the county or district 7-2 attorney brought suit, with 50 percent of the amount collected paid 7-3 to the state for deposit in the general revenue fund and 50 percent 7-4 of the amount collected paid to the county. 7-5 (d) The department is entitled to appropriate injunctive 7-6 relief to prevent or abate a violation of this chapter or an order 7-7 adopted under this chapter. On request of the department, the 7-8 attorney general or the county or district attorney of the county 7-9 in which the alleged violation is threatened or occurring shall 7-10 file suit for the injunctive relief. Venue is in the county in 7-11 which the alleged violation is threatened or is occurring. 7-12 (e) A person is not subject to both a criminal penalty under 7-13 Section 19.012 and a civil penalty under this section for the same 7-14 violation of law. 7-15 Sec. 19.014. ADMINISTRATIVE PENALTIES. The department may 7-16 assess an administrative penalty under Chapter 12 for a violation 7-17 of this chapter only if the department finds that a person sells or 7-18 offers to sell citrus budwood falsely claiming that it is certified 7-19 citrus budwood or that it comes from a designated foundation grove 7-20 under this chapter. 7-21 SECTION 2. Section 12.020(c), Agriculture Code, is amended 7-22 to read as follows: 7-23 (c) The provisions of this code subject to this section and 7-24 the applicable penalty amounts are as follows: 7-25 Provision Maximum Penalty 8-1 Chapters 13, 14, 61, 101, 102, 103, and 132 $500 8-2 Subchapter B, Chapter 71 8-3 Chapter 19 $2,000 8-4 Subchapters A and C, Chapter 71 8-5 Chapters 72, 73, and 74 $5,000. 8-6 SECTION 3. The importance of this legislation and the 8-7 crowded condition of the calendars in both houses create an 8-8 emergency and an imperative public necessity that the 8-9 constitutional rule requiring bills to be read on three several 8-10 days in each house be suspended, and this rule is hereby suspended, 8-11 and that this Act take effect and be in force from and after its 8-12 passage, and it is so enacted.