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.