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                               * * * * *