1-1 By: Lucio S.B. No. 1173 1-2 (In the Senate - Filed March 9, 1995; March 15, 1995, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 12, 1995, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 7, Nays 0; April 12, 1995, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1173 By: Lucio 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to establishing a citrus budwood certification program for 1-11 the designation of foundation groves containing citrus trees from 1-12 which citrus budwood is certified as free of certain pathogens and 1-13 as to type of citrus variety; providing penalties. 1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-15 SECTION 1. Title 2, Agriculture Code, is amended by adding 1-16 Chapter 19 to read as follows: 1-17 CHAPTER 19. CITRUS BUDWOOD CERTIFICATION PROGRAM 1-18 Sec. 19.001. PURPOSE. The purpose of this chapter is to 1-19 assist nurserymen and citrus growers in producing citrus nursery 1-20 trees that are horticulturally sound, are free from virus and other 1-21 recognizable bud-transmissible diseases, and are of an assured type 1-22 of citrus variety by supervising the certification of citrus 1-23 budwood to be taken from trees grown in foundation groves. 1-24 Sec. 19.002. DEFINITIONS. In this chapter: 1-25 (1) "Advisory council" means the citrus budwood 1-26 advisory council. 1-27 (2) "Certified citrus budwood" means citrus budwood 1-28 grown in a foundation grove that meets standards required by the 1-29 department for assurance of type of citrus variety and for freedom 1-30 from pathogens, including citrus tristeza, exocortis, cachexia, 1-31 psorosis, and other viral or viroid diseases dangerous to the 1-32 citrus industry. 1-33 (3) "Citrus budwood" means a portion of a stem or 1-34 branch of a citrus tree containing buds used in propagation by 1-35 budding or grafting. 1-36 (4) "Citrus grower" means a citrus producer growing 1-37 and producing citrus for commercial marketing purposes. 1-38 (5) "Foundation grove" means a grove containing parent 1-39 trees from which certified citrus budwood is obtained. 1-40 Sec. 19.003. APPLICABILITY. This chapter applies only to 1-41 citrus budwood sold to citrus growers or to commercial nurseries 1-42 for resale to citrus growers. This chapter does not apply to 1-43 citrus budwood used for ornamental purposes. 1-44 Sec. 19.004. CITRUS BUDWOOD CERTIFICATION PROGRAM. (a) The 1-45 citrus budwood certification program is established. The 1-46 department administers the program. 1-47 (b) The department shall accomplish the purposes of the 1-48 program through the designation of foundation groves and the 1-49 certification of citrus budwood grown in foundation groves. 1-50 (c) The department, with the advice of the advisory council, 1-51 shall set standards for foundation grove size, set standards for 1-52 citrus budwood certification, and designate individual foundation 1-53 groves. 1-54 Sec. 19.005. ADVISORY COUNCIL. (a) The commissioner shall 1-55 appoint the advisory council. The advisory council is composed of 1-56 seven members, including: 1-57 (1) one member representing the department; 1-58 (2) one member representing The Texas A&M 1-59 University--Kingsville Citrus Center at Weslaco; 1-60 (3) two members representing the citrus nursery 1-61 industry; 1-62 (4) two members representing citrus growers; and 1-63 (5) one member having specialized knowledge in citrus 1-64 diseases and pests. 1-65 (b) A member serves a two-year term and may be reappointed. 1-66 (c) Members of the advisory council are not eligible for 1-67 reimbursement of expenses arising from service on the advisory 1-68 council. 2-1 Sec. 19.006. RULES. The department, with the advice of the 2-2 advisory council, shall adopt standards and rules necessary to 2-3 administer the citrus budwood certification program. 2-4 Sec. 19.007. CERTIFICATION STANDARDS. (a) The department 2-5 shall establish the certification standards for: 2-6 (1) genetic purity for varieties of citrus budwood by 2-7 type; 2-8 (2) procedures that must be followed to prevent the 2-9 introduction of citrus tristeza, exocortis, cachexia, psorosis, and 2-10 other identified pathogens into budwood stock from and in 2-11 foundation groves; and 2-12 (3) procedures for certification of citrus budwood 2-13 grown in foundation groves. 2-14 (b) The department shall establish standards and procedures 2-15 for: 2-16 (1) inspecting and testing for diseases, using current 2-17 technologies in disease diagnosis, and for desirable horticultural 2-18 characteristics of citrus budwood grown in designated foundation 2-19 groves; 2-20 (2) certifying citrus budwood meeting requirements 2-21 established under this chapter; 2-22 (3) maintaining a source of citrus budwood of superior 2-23 tested varieties for distribution to the citrus industry; 2-24 (4) verifying propagation of citrus varieties and 2-25 special rootstocks for growers on request; and 2-26 (5) maintaining appropriate records required for 2-27 participation in the program. 2-28 Sec. 19.008. APPLYING FOR FOUNDATION GROVE DESIGNATION AND 2-29 BUDWOOD CERTIFICATION. A person who desires to operate a 2-30 foundation grove and produce certified citrus budwood for sale to 2-31 the citrus industry shall apply for foundation grove designation 2-32 and citrus budwood certification in accordance with rules adopted 2-33 by the department. 2-34 Sec. 19.009. REVOCATION. The department shall establish 2-35 rules regarding the revocation of foundation grove designation and 2-36 citrus budwood certification. 2-37 Sec. 19.010. PROGRAM COST; FEES; ACCOUNT. (a) The 2-38 department shall set and collect fees from persons applying for 2-39 foundation grove designation or citrus budwood certification. The 2-40 department shall set the fees in an amount that recovers the 2-41 department's costs in administering the citrus budwood 2-42 certification program. The department may also accept funds from 2-43 the citrus industry or other interested persons to cover the costs 2-44 of administering the program. 2-45 (b) All fees and funds collected or contributed under this 2-46 section shall be deposited to the credit of an account in the 2-47 general revenue fund. Money in the account may be appropriated 2-48 only to the department for the purpose of administering this 2-49 chapter. 2-50 Sec. 19.011. STOP-SALE ORDER. (a) If a person offers 2-51 citrus budwood for sale falsely claiming that it is certified 2-52 citrus budwood or that it comes from a designated foundation grove, 2-53 the department may issue a written order to stop the sale of that 2-54 citrus budwood. A person may not sell citrus budwood that is 2-55 subject to a stop-sale order under this section until: 2-56 (1) the sale is permitted by a court under Subsection 2-57 (b); or 2-58 (2) the department determines that the sale of the 2-59 budwood is in compliance with this chapter and rules adopted under 2-60 this chapter. 2-61 (b) The person named in the order may bring suit in a court 2-62 in the county where the citrus budwood subject to the stop-sale 2-63 order is located. After a hearing, the court may permit the 2-64 budwood to be sold if the court finds the budwood is not being 2-65 offered for sale in violation of this chapter. 2-66 (c) This section does not limit the department's right to 2-67 act under another section of this chapter. 2-68 Sec. 19.012. CRIMINAL PENALTY. (a) A person commits an 2-69 offense if the person: 2-70 (1) sells or offers to sell citrus budwood falsely 3-1 claiming that it is certified citrus budwood or that it comes from 3-2 a designated foundation grove; or 3-3 (2) fails to comply with an order of the department 3-4 issued under this chapter. 3-5 (b) An offense under this section is a Class C misdemeanor. 3-6 Sec. 19.013. CIVIL PENALTY; INJUNCTION. (a) A person who 3-7 violates this chapter or an order adopted under this chapter is 3-8 liable to the state for a civil penalty not to exceed $500 for each 3-9 violation. Each day a violation continues is a separate violation 3-10 for purposes of civil penalty assessment. 3-11 (b) On request of the department, the attorney general or 3-12 the county attorney or district attorney of the county in which the 3-13 violation is alleged to have occurred shall file suit to collect 3-14 the penalty. 3-15 (c) A civil penalty collected under this section in a suit 3-16 filed by the attorney general shall be deposited in the general 3-17 revenue fund. A civil penalty collected under this section in a 3-18 suit filed by a county or district attorney shall be divided 3-19 between the state and the county in which the county or district 3-20 attorney brought suit, with 50 percent of the amount collected paid 3-21 to the state for deposit in the general revenue fund and 50 percent 3-22 of the amount collected paid to the county. 3-23 (d) The department is entitled to appropriate injunctive 3-24 relief to prevent or abate a violation of this chapter or an order 3-25 adopted under this chapter. On request of the department, the 3-26 attorney general or the county or district attorney of the county 3-27 in which the alleged violation is threatened or occurring shall 3-28 file suit for the injunctive relief. Venue is in the county in 3-29 which the alleged violation is threatened or is occurring. 3-30 (e) A person is not subject to both a criminal penalty under 3-31 Section 19.012 and a civil penalty under this section for the same 3-32 violation of law. 3-33 Sec. 19.014. ADMINISTRATIVE PENALTIES. The department may 3-34 assess an administrative penalty under Chapter 12 for a violation 3-35 of this chapter only if the department finds that a person sells or 3-36 offers to sell citrus budwood falsely claiming that it is certified 3-37 citrus budwood or that it comes from a designated foundation grove 3-38 under this chapter. 3-39 SECTION 2. Subsection (c), Section 12.020, Agriculture Code, 3-40 is amended to read as follows: 3-41 (c) The provisions of this code subject to this section and 3-42 the applicable penalty amounts are as follows: 3-43 Provision Maximum Penalty 3-44 Chapters 13, 14, 61, 101, 102, 103, and 132 $500 3-45 Subchapter B, Chapter 71 3-46 Chapter 19 $2,000 3-47 Subchapters A and C, Chapter 71 3-48 Chapters 72, 73, and 74 $5,000. 3-49 SECTION 3. The importance of this legislation and the 3-50 crowded condition of the calendars in both houses create an 3-51 emergency and an imperative public necessity that the 3-52 constitutional rule requiring bills to be read on three several 3-53 days in each house be suspended, and this rule is hereby suspended, 3-54 and that this Act take effect and be in force from and after its 3-55 passage, and it is so enacted. 3-56 * * * * *