By: Lucio S.B. No. 1173
A BILL TO BE ENTITLED
AN ACT
1-1 relating to creating the Citrus Budwood Advisory Council within the
1-2 Department of Agriculture for the purpose of establishing and
1-3 administering a Texas Citrus Budwood Certification Program to
1-4 supervise the approval of foundation groves containing citrus trees
1-5 from which citrus budwood is certified as non-diseased and as to
1-6 type of citrus variety.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Title 2 of the Agriculture Code is amended by
1-9 adding Chapter 19 to read as follows:
1-10 CHAPTER 19. CERTIFICATION, PRODUCTION AND SALE OF CITRUS BUDWOOD.
1-11 Sec. 19.001. PURPOSE AND POLICY. The state recognizes that
1-12 the citrus industry is a valuable asset to the state's economy and
1-13 that citrus trees are highly susceptible to the ravages of insects,
1-14 pests and plant diseases. The state shall use all Constitutional
1-15 measures to protect this industry from destruction by pests and
1-16 diseases; and in furtherance of this policy, institutes this citrus
1-17 budwood certification program to assist nurserymen and citrus
1-18 growers in producing citrus nursery trees that are horticulturally
1-19 sound and free from virus and other recognizable bud-transmissible
1-20 diseases and of an assured type of citrus variety by establishing
1-21 the Texas Citrus Budwood Certification Program to supervise the
1-22 certification of citrus budwood to be taken from trees grown in
1-23 foundation groves.
2-1 Sec. 19.002. DEFINITIONS. As used in this Chapter:
2-2 (a) "Advisory Council" means the Citrus Budwood Advisory
2-3 Council.
2-4 (b) The term "citrus budwood" means a portion of a stem or
2-5 branch of a citrus tree containing buds used in propagation by
2-6 budding or grafting.
2-7 (c) The term "certified citrus budwood" means citrus budwood
2-8 grown in a foundation grove which has been determined to meet
2-9 standards required for assurance of type of citrus variety and free
2-10 of diseases, including citrus tristeza, exocortis and psorosis and
2-11 other viral or viroid diseases dangerous to the citrus industry as
2-12 determined by the department with the advice of the Advisory
2-13 Council using current technologies in disease diagnosis.
2-14 (d) The term "citrus grower" means a citrus producer growing
2-15 and producing citrus for commercial marketing purposes.
2-16 (e) The term "foundation grove" means a grove containing
2-17 parent trees from which certified citrus budwood is obtained, the
2-18 size of which and designation shall be approved and selected by the
2-19 department with the advice of the Advisory Council.
2-20 Sec. 19.003. ADVISORY COUNCIL. The Advisory Council shall
2-21 be appointed by the Commissioner and be composed of 7 members who
2-22 shall include: 1 representative from the department; 1 from the
2-23 Texas A&M University-Kingsville Citrus Center at Weslaco, Hidalgo
2-24 County, Texas; 2 members representing the citrus nursery industry;
2-25 2 members representing citrus growers; and 1 member having
3-1 specialized knowledge in citrus diseases and pests. Members of the
3-2 Advisory Council shall not be eligible for reimbursement of
3-3 expenses arising from service on the Advisory Council.
3-4 Sec. 19.004. ADMINISTRATION. The department shall adopt all
3-5 standards, rules and regulations as are necessary to administer the
3-6 Texas Citrus Budwood Certification Program established in this
3-7 Chapter with the advice of the Advisory Council.
3-8 Sec. 19.005. ELIGIBILITY FOR, AND STANDARDS OF
3-9 CERTIFICATION; (a) The department shall establish the eligibility
3-10 standards for varieties of citrus budwood for genetic purity as to
3-11 type, procedures to prevent the introduction of citrus tristeza,
3-12 exocortis, and psorosis and other identified diseases into budwood
3-13 stock, and procedures for certification of citrus budwood grown in
3-14 foundation groves.
3-15 (b) The department shall establish standards and procedures
3-16 for inspection and testing for diseases and desirable horticultural
3-17 characteristics of citrus budwood grown in approved foundation
3-18 groves; for certifying citrus budwood meeting requirements of this
3-19 testing; for maintaining a source of budwood of superior tested
3-20 varieties for distribution to the citrus industry; and for
3-21 verifying promulgations of citrus varieties and special rootstocks
3-22 for growers when requested; and maintaining appropriate records.
3-23 Sec. 19.006. CERTIFYING OF CITRUS BUDWOOD: (a) A person
3-24 who desires to operate a foundation grove and produce citrus
3-25 budwood for which the department has established standards of
4-1 genetic purity and disease control for sale to the citrus industry,
4-2 shall apply for foundation grove approval and certification in
4-3 accordance with rules and regulations adopted by the department.
4-4 (b) The department shall establish rules and regulations
4-5 pertaining to the revocation of foundation grove approval and
4-6 citrus budwood certification.
4-7 Sec. 19.007. EXEMPTION. This Chapter shall apply only to
4-8 citrus budwood, grown produced and sold to citrus growers or to
4-9 commercial nurseries for resale to citrus growers, and shall not
4-10 apply to citrus budwood used for ornamental purposes.
4-11 Sec. 19.008. PROGRAM COST. The department shall assess and
4-12 recover the reasonable cost of administering the Texas Citrus
4-13 Budwood Certification Program under this Chapter from foundation
4-14 grove approval and certification fees established by the
4-15 department. The department may accept funds from the citrus
4-16 industry or other interested persons to cover the administration of
4-17 this Program. All fees and funds collected or contributed under
4-18 this Section will be deposited in the general revenue fund in a
4-19 special fund to be appropriated to the department to carry out the
4-20 provisions of this Chapter.
4-21 Sec. 19.009. STOP-SALE ORDER. (a) If citrus budwood is
4-22 being sold in violation of this Chapter or an order adopted under
4-23 this Chapter, the department may issue a written order to stop the
4-24 sale of that citrus budwood by a person in control of the item.
4-25 The person named in the order may not sell the item until:
5-1 (1) permitted by a court under Subsection (b) of this
5-2 section; or
5-3 (2) the department determines that the sale of the
5-4 item is in compliance with this Chapter and rules adopted under
5-5 this Chapter.
5-6 (b) The person named in the order may bring suit in a court
5-7 in the county where the item is located. After a hearing, the
5-8 court may permit the item to be sold if the court finds the item is
5-9 not being sold in violation of this Chapter.
5-10 (c) This section does not limit the department's right to
5-11 act under another section of this Chapter.
5-12 Sec. 19.010. PENALTIES. A person commits an offense in
5-13 violation of this law if the person sells or offers for sale in
5-14 this state, citrus budwood which is not certified citrus budwood or
5-15 fails to comply with an order of the department issued under this
5-16 Chapter. An offense under this Section is a Class "C" Misdemeanor.
5-17 Sec. 19.011. CIVIL PENALTY; INJUNCTION. (a) A person who
5-18 violates this Chapter or an order adopted under this Chapter is
5-19 liable to the state for a civil penalty not to exceed $500 for each
5-20 violation. Each day a violation continues is a separate violation
5-21 for purposes of civil penalty assessment.
5-22 (b) On request of the department, the attorney general or
5-23 the county attorney or district attorney of the county in which the
5-24 violation is alleged to have occurred shall file suit to collect
5-25 the penalty.
6-1 (c) A civil penalty collected under this section shall be
6-2 deposited in the general revenue fund. All civil penalties
6-3 recovered in suits instituted by a county or district attorney
6-4 under this section shall be divided between the state and the
6-5 county in which the county or district attorney brought suit, with
6-6 fifty (50%) percent of the recovery to be paid to the general
6-7 revenue fund and fifty (50%) percent to the county.
6-8 (d) The department is entitled to appropriate injunctive
6-9 relief to prevent or abate a violation of this Chapter or an order
6-10 adopted under this Chapter. On request of the department, the
6-11 attorney general or the county or district attorney of the county
6-12 in which the alleged violation is threatened or occurring shall
6-13 file suit for the injunctive relief. Venue is in the county in
6-14 which the alleged violation is threatened or is occurring.
6-15 (e) This section is applicable only if the department
6-16 chooses to use the civil remedy as opposed to criminal penalty
6-17 under Section 19.010.
6-18 Sec. 19.012. ADMINISTRATIVE PENALTIES. The department may
6-19 assess an administrative penalty under this Chapter only if it
6-20 finds that a person is falsely claiming to have certified citrus
6-21 budwood under this Chapter.
6-22 SECTION 2. The importance of this legislation and the
6-23 crowded condition of the calendars in both houses create an
6-24 emergency and an imperative public necessity that the
6-25 constitutional rule requiring bills to be read on three several
7-1 days in each house be suspended, and this rule is hereby suspended,
7-2 and that this Act take effect and be in force from and after its
7-3 passage, and it is so enacted.