SRC-MAX H.B. 2807 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2807
By: Flores (Lucio)
Subcommittee on Agriculture
5-9-97
Engrossed


DIGEST 

The Texas Citrus Budwood Certification program was established by the 74th
Legislature and is aimed at eliminating the trade of diseased citrus
budwood.  Budwood is a piece of living wood which bears buds and is used
to graft onto other trees.  A common practice of the citrus industry is to
purchase improved varieties of budwood and graft these trees onto grove
trees.  There are cases in which grafting budwood infected with fatal
diseases onto grove trees can ruin a healthy grove of trees. This bill
requires all citrus nurseries and citrus growers to comply with the Citrus
Budwood Certification program.      

PURPOSE

As proposed, H.B. 2807 sets forth provisions regarding the administration
of the Citrus Budwood Certification program.   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Agriculture in
SECTION 5 (Sec. 19.006(2), Agriculture Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 19.001, Agriculture Code, to provide that the
purpose of this chapter is to establish a certified citrus budwood program
to produce a certain quality of citrus trees, to provide standards for
foundation groves and certified citrus nursery trees, and to provide for
an advisory council to make recommendations on the implementation of the
program.   

SECTION 2. Amends Section 19.002, Agriculture Code, by amending
Subdivision (2), adding a new Subdivision (5), and renumbering existing
Subdivision (5) as a new Subdivision (6), to redefine "certified citrus
budwood" and define "citrus nursery."  Makes conforming changes. 

SECTION 3. Amends Section 19.003, Agriculture Code, as follows:

Sec.  19.003.  New heading:  SCOPE.  Provides that this chapter applies to
all citrus nurseries and citrus growers.  Deletes text regarding citrus
budwood sold to growers or nurseries for resale. 

SECTION 4. Amends Section 19.004, Agriculture Code, by amending
Subsections (b) and (c) and adding Subsection (d), to require the
Department of Agriculture (TDA) to accomplish the purposes of the program
through the periodic inspection of citrus nurseries to ensure that the
citrus nurseries are using certified citrus budwood. Requires TDA to set
standards for foundation groves, rather than grove size, and make certain
inspection under certain conditions. Prohibits TDA or the advisory counsel
from requiring the use of certified citrus budwood in certain
circumstances 

SECTION 5. Amends Section 19.006, Agriculture Code, to require TDA to
adopt standards and rules to regulate the sale of citrus budwood and
citrus nursery trees as supplies of certified citrus budwood and certified
citrus nursery trees become available. 

SECTION 6. Amends Section 19.007(a), Agriculture Code, to require TDA to
establish  procedures  that must be followed to prevent the introduction
of dangerous citrus pathogens, rather than certain identified pathogens,
into budwood stock from foundation groves and procedures for certification
of citrus nursery trees.  

SECTION 7. Amends Sections 19.011(a) and (b), Agriculture Code, to
authorize TDA to issue a written order to stop the sale of certain trees
if a person offers a citrus budwood or a citrus nursery trees for sale in
violation of the rules adopted under this chapter.  Makes conforming
changes.   

SECTION 8. Amends Section 19.012(a), Agriculture Code, make conforming
changes. 

SECTION 9. Amends Section 19.014, Agriculture Code, to authorize  TDA to
issue an administrative penalty under Chapter 12 for a violation of this
chapter if TDA finds that a person fails to comply with an order of TDA
issued under this chapter, among other provisions.  Makes conforming and
nonsubstantive changes.   

SECTION 10. (a)  Effective date: upon passage, except as provided by
Subsection (b) of this section. 

(b)  Effective date for SECTIONS 8 and 9 of this Act:  September 1, 1997.

SECTION 11. Emergency clause.