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 * * * * *