DME C.S.H.B. 2807 75(R)BILL ANALYSIS AGRICULTURE & LIVESTOCK C.S.H.B. 2807 By: Flores 4-8-97 Committee Report (Substituted) BACKGROUND Legislation passed during the 74th session established the Texas Citrus Budwood Certification program aimed at eliminating the trade of diseased citrus budwood. The Texas Department of Agriculture (TDA) was given the directive to assist citrus growers by certifying groves that had disease-free budwood. The Texas A&M- Kingsville Citrus Center at Weslaco is one such certified grove. 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 budwood varieties and graft them onto grove trees. Grafting budwood infected with fatal diseases such as tristeza (a deadly virus that infects citrus trees and has no cure) can ruin a healthy grove tree. Although tristeza is not yet a problem in Texas, it has the potential to devastate the state's citrus industry if more severe strains enter the state. The best method of control is through prevention by avoiding the disease by using disease-free budwood. PURPOSE This legislation strengthens the Citrus Budwood Certification program and requires all citrus nurseries and citrus growers to comply with the program. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority to the Texas Department of Agriculture in Section 5 [Sec. 19.006, Agriculture Code]. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 19.001, Agriculture Code, to change the certified citrus budwood program from a voluntary to a mandatory program. Provides standards for foundation groves and certified citrus nursery trees, and establishes an advisory council to make recommendations for program implementation. SECTION 2. Amends Section 19.002, Agriculture Code, by altering the definition of "certified citrus budwood" and defining "citrus nursery" for the purposes of this chapter. SECTION 3. Amends Section 19.003, Agriculture Code, to require all citrus nurseries and citrus growers to comply with program standards. SECTION 4. Amends Section 19.004, Agriculture Code, to prescribe the TDA to implement the program by periodic inspection of citrus nurseries and their records to insure the use of certified budwood. Establishes that the requirement of using certified citrus budwood will not be imposed until the advisory council and the TDA determine that an adequate supply of certified citrus budwood is available. SECTION 5. Amends Section 19.006, Agriculture Code, to prescribe the TDA to adopt standards and rules to regulate the sale of citrus budwood and citrus nursery trees. SECTION 6. Amends Section 19.007, Agriculture Code, to prescribe the TDA to establish procedures for nursery tree certification. SECTION 7. Amends Section 19.011, Agriculture Code, to include the sale of citrus nursery trees in the "stop-sale" provisions. SECTION 8. Amends Section 19.012, Agriculture Code, to specify that a person commits a Class C misdemeanor, punishable by a fine up to $500, if he or she sells or offers to sell citrus nursery trees falsely labeled as certified. SECTION 9. Amends Section 19.014, Agriculture Code, to allow the TDA to assess administrative penalties for a violation of rules and orders allowed for by this chapter. SECTION 10. Effective date: except for Section 8 and 9, this Act is effective immediately. Section 8 and 9 are effective September 1, 1997. SECTION 11. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute uses proper legislative council language and form. The substitute prescribes the TDA to adopt standards and rules to regulate the sale of citrus budwood and citrus nursery trees and deletes the statutory requirement for the TDA to adopt forms necessary to administer the Certified Citrus Budwood Program. The substitute adds Section 19.011 to include the sale of citrus nursery trees under stop-sale orders, and Section 19.014 to expand the administrative penalties section. The substitute states that Sections 8 and 9 of this Act are effective September 1, 1997, with the remainder effective immediately.