By Cuellar of Hidalgo                                 H.B. No. 2536
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to creating the Citrus Budwood Advisory Council within the
    1-3  Department of Agriculture for the purpose of establishing and
    1-4  administering a Texas Citrus Budwood Certification Program to
    1-5  supervise the approval of foundation groves containing citrus trees
    1-6  from which citrus budwood is certified as non-diseased and as to
    1-7  type of citrus variety.
    1-8        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-9        SECTION 1.  Title 2 of the Agriculture Code is amended by
   1-10  adding Chapter 19 to read as follows:
   1-11  CHAPTER 19.  CERTIFICATION, PRODUCTION AND SALE OF CITRUS BUDWOOD.
   1-12        Sec. 19.001.  PURPOSE AND POLICY.  The state recognizes that
   1-13  the citrus industry is a valuable asset to the state's economy and
   1-14  that citrus trees are highly susceptible to the ravages of insects,
   1-15  pests and plant diseases.  The state shall use all Constitutional
   1-16  measures to protect this industry from destruction by pests and
   1-17  diseases; and in furtherance of this policy, institutes this citrus
   1-18  budwood certification program to assist nurserymen and citrus
   1-19  growers in producing citrus nursery trees that are horticulturally
   1-20  sound and free from virus and other recognizable bud-transmissible
   1-21  diseases and of an assured type of citrus variety by establishing
   1-22  the Texas Citrus Budwood Certification Program to supervise the
   1-23  certification of citrus budwood to be taken from trees grown in
    2-1  foundation groves.
    2-2        Sec. 19.002.  DEFINITIONS.  As used in this Chapter:
    2-3        (a)  "Advisory Council" means the Citrus Budwood Advisory
    2-4  Council.
    2-5        (b)  The term "citrus budwood" means a portion of a stem or
    2-6  branch of a citrus tree containing buds used in propagation by
    2-7  budding or grafting.
    2-8        (c)  The term "certified citrus budwood" means citrus budwood
    2-9  grown in a foundation grove which has been determined to meet
   2-10  standards required for assurance of type of citrus variety and free
   2-11  of diseases, including citrus tristeza, exorcortis and psorosis and
   2-12  other viral or viroid diseases dangerous to the citrus industry as
   2-13  determined by the department with the advice of the Advisory
   2-14  Council using current technologies in disease diagnosis.
   2-15        (d)  The term "citrus grower" means a citrus producer growing
   2-16  and producing citrus for commercial marketing purposes.
   2-17        (e)  The term "foundation grove" means a grove containing
   2-18  parent trees from which certified citrus budwood is obtained, the
   2-19  size of which and designation shall be approved and selected by the
   2-20  department with the advice of the Advisory Council.
   2-21        Sec. 19.003.  ADVISORY COUNCIL.  The advisory council shall
   2-22  be appointed by the Commissioner and be composed of 7 members who
   2-23  shall include: 1 representative from the department; 1 from the
   2-24  Texas A & M University-Kingsville Citrus Center at Weslaco, Hidalgo
   2-25  County, Texas; 2 members representing the citrus nursery industry;
    3-1  2 members representing citrus growers; and 1 member having
    3-2  specialized knowledge in citrus diseases and pests.   Members of
    3-3  the Advisory Council shall not be eligible for reimbursement of
    3-4  expenses arising from service on the Advisory Council.
    3-5        Sec. 19.004.  ADMINISTRATION.  The department shall adopt all
    3-6  standards, rules and regulations as are necessary to administer the
    3-7  Texas Citrus Budwood Certification Program established in this
    3-8  Chapter with the advice of the Advisory Council.
    3-9        Sec. 19.005.  ELIGIBILITY FOR, AND STANDARDS OF
   3-10  CERTIFICATION: (a)  The department shall establish the eligibility
   3-11  standards for varieties of citrus budwood for genetic purity as to
   3-12  type, procedures to prevent the introduction of citrus tristeza,
   3-13  exocortis, and psorosis and other identified diseases into budwood
   3-14  stock, and procedures for certification of citrus budwood grown in
   3-15  foundation groves.
   3-16        (b)  The department shall establish standards and procedures
   3-17  for inspection and testing for diseases and desirable horticultural
   3-18  characteristics of citrus budwood grown in approved foundation
   3-19  groves; for certifying citrus budwood meeting requirements of this
   3-20  testing; for maintaining a source of budwood of superior tested
   3-21  varieties for distribution to the citrus industry; and for
   3-22  verifying promulgations of citrus varieties and special rootstocks
   3-23  for growers when requested; and maintaining appropriate records.
   3-24        Sec. 19.006.  CERTIFYING OF CITRUS BUDWOOD:  (a)  A person
   3-25  who desires to operate a foundation grove and produce citrus
    4-1  budwood for which the department has established standards of
    4-2  genetic purity and disease control for sale to the citrus industry,
    4-3  shall apply for foundation grove approval and certification in
    4-4  accordance with rules and regulations adopted by the department.
    4-5        (b)  The department shall establish rules and regulations
    4-6  pertaining to the revocation of foundation grove approval and
    4-7  citrus budwood certification.
    4-8        Sec. 19.007.  EXEMPTION.  This Chapter shall apply only to
    4-9  citrus budwood, grown produced and sold to citrus growers or to
   4-10  commercial nurseries for resale to citrus growers, and shall not
   4-11  apply to citrus budwood used for ornamental purposes.
   4-12        Sec. 19.008.  PROGRAM COST.  The department shall assess and
   4-13  recover the reasonable cost of administering the Texas Citrus
   4-14  Budwood Certification Program under this Chapter from foundation
   4-15  grove approval and certification fees established by the
   4-16  department.   The department may accept funds from the citrus
   4-17  industry or other interested persons to cover the administration of
   4-18  this Program.  All fees and funds collected or contributed under
   4-19  this Section will be deposited in the general revenue fund in a
   4-20  special fund to be appropriated to the department to carry out the
   4-21  provisions of this Chapter.
   4-22        Sec. 19.009.  STOP-SALE ORDER.  (a)  If citrus budwood is
   4-23  being sold in violation of this Chapter or an order adopted under
   4-24  this Chapter, the department may issue a written order to stop the
   4-25  sale of that citrus budwood by a person in control of the item.
    5-1  The person named in the order may not sell the item until:
    5-2              (1)  permitted by a court under subsection (b) of this
    5-3  section; or
    5-4              (2)  the department determines that the sale of the
    5-5  item is in compliance with this Chapter and rules adopted under
    5-6  this Chapter.
    5-7        (b)  The person named in the order may bring suit in a court
    5-8  in the county where the item is located.  After a hearing, the
    5-9  court may permit the item to be sold if the court finds the item is
   5-10  not being sold in violation of this Chapter.
   5-11        (c)  This section does not limit the department's right to
   5-12  act under another section of this Chapter.
   5-13        Sec. 19.010.  PENALTIES.  A person commits an offense in
   5-14  violation of this law if the person sells or offers for sale in
   5-15  this state, citrus budwood which is not certified citrus budwood or
   5-16  fails to comply with an order of the department issued under this
   5-17  Chapter.  An offense under this Section is a Class "C" Misdemeanor.
   5-18        Sec. 19.011.  CIVIL PENALTY; INJUNCTION.  (a)  A person who
   5-19  violates this Chapter or an order adopted under this Chapter is
   5-20  liable to the state for a civil penalty not to exceed $500 for each
   5-21  violation.  Each day a violation continues is a separate violation
   5-22  for purposes of civil penalty assessment.
   5-23        (b)  On request of the department, the attorney general or
   5-24  the county attorney or district attorney of the county in which the
   5-25  violation is alleged to have occured shall file suit to collect the
    6-1  penalty.
    6-2        (c)  A civil penalty collected under this section shall be
    6-3  deposited in the general revenue fund.  All civil penalties
    6-4  recovered in suits instituted by a county or district attorney
    6-5  under this section shall be divided between the state and the
    6-6  county in which the county or district attorney brought suit, with
    6-7  fifty (50%) percent of the recovery to be paid to the general
    6-8  revenue fund and fifty (50%) percent to the county.
    6-9        (d)  The department is entitled to appropriate injunctive
   6-10  relief to prevent or abate a violation of this Chapter or an order
   6-11  adopted under this Chapter.  On request of the department, the
   6-12  attorney general or the county or district attorney of the county
   6-13  in which the alleged violation is threatened or occuring shall file
   6-14  suit for the injunctive relief.  Venue is in the county in which
   6-15  the alleged violation is threatned or is occurring.
   6-16        (e)  This section is applicable only if the department
   6-17  chooses to use the civil remedy as opposed to criminal penalty
   6-18  under Section 19.010.
   6-19        Sec. 19.012.  ADMINISTRATIVE PENALTIES.  The department may
   6-20  assess an administrative penalty under this Chapter only if it
   6-21  finds that a person is falsely claiming to have certified citrus
   6-22  budwood under this Chapter.
   6-23        SECTION 2.  The importance of this legislation and the
   6-24  crowded condition of the calendars in both houses create an
   6-25  emergency and an imperative public necessity that the
    7-1  constitutional rule requiring bills to be read on three several
    7-2  days in each house be suspended, and this rule is hereby suspended,
    7-3  and that this Act take effect and be in force from and after its
    7-4  passage, and it is so enacted.