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.