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.