By Walker H.B. No. 2754
Substitute the following for H.B. No. 2754:
By Flores C.S.H.B. No. 2754
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public warehousemen, organic certification, the
1-3 regulation of rose grading and citrus vegetable products, the
1-4 establishing of quarantines, and the repeal of certain obsolete
1-5 provisions of the agriculture code.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 14.201(1), Agriculture Code, is amended
1-8 to read as follows:
1-9 Sec. 14.201. (1) "Public warehouseman" means a person who
1-10 stores cotton, wheat, rye, oats, or rice, or any kind of produce[,
1-11 wares, merchandise, or personal property for hire].
1-12 SECTION 2. Section 14.203(a), Agriculture Code, is amended
1-13 to read as follows:
1-14 Sec. 14.203. (a) The department may [shall] appoint
1-15 warehouse examiners to examine warehouses[, including corporations
1-16 chartered under Subchapter B of this chapter. The department shall
1-17 not appoint more than one examiner for every 50 warehouses and
1-18 corporations].
1-19 SECTION 3. Section 18.003(c), Agriculture Code, is amended
1-20 to read as follows:
1-21 Sec. 18.003. (c) An organic certification shall be for a
1-22 period prescribed by the department [expires on August 31 of each
1-23 year]. A person who fails to submit a renewal fee on or before the
1-24 expiration date of the certification must pay, in addition to the
2-1 renewal fee, the late fee provided by Section 12.024 of this code.
2-2 SECTION 4. Section 71.0091(d), Agriculture Code, is amended
2-3 to read as follows:
2-4 Sec. 71.0091. (d) If the owner of a citrus plant, citrus
2-5 plant product, or citrus substance seized by the department under
2-6 this section fails or refuses to treat or destroy the citrus plant,
2-7 citrus plant product, or citrus substance immediately after being
2-8 instructed to do so by the department, the department may abate the
2-9 nuisance by destroying the citrus plant, citrus plant product, or
2-10 citrus substance or may otherwise treat the citrus plant, citrus
2-11 plant product, or citrus substance so that it is no longer a
2-12 nuisance. In enforcing this subsection, the department may call on
2-13 the sheriff of the county in which the citrus plant, citrus plant
2-14 product, or citrus substance is located, and the sheriff shall
2-15 cooperate with the department and provide assistance necessary to
2-16 abate the nuisance.
2-17 SECTION 5. Section 71.010(a), Agriculture Code, is amended
2-18 to read as follows:
2-19 Sec. 71.010. (a) A person who is aggrieved and will be
2-20 injured by a quarantine or whose property is to be destroyed by
2-21 order of the department is entitled to appeal to the district court
2-22 of any county in which the quarantine or order is established or
2-23 issued. In order to appeal, the person must give written notice of
2-24 appeal to the department not later than the 10th day following the
2-25 date of the order or proclamation. The notice must name the
2-26 district court in which the application is filed.
2-27 SECTION 6. Section 71.103(a), Agriculture Code, is amended
3-1 to read as follows:
3-2 Sec. 71.103. (a) Except as provided by Subsection (b) of
3-3 this section, if the department determines following field
3-4 inspection that the vegetable plants inspected are apparently free
3-5 of injurious pest and of the diseases and insects listed in
3-6 Sections 71.104-71.109 of this code, as applicable, the department
3-7 shall issue a certificate tag or stamp for those plants. Plants
3-8 certified under this section shall be known as "state certified
3-9 plants."
3-10 SECTION 7. Section 71.110(a), Agriculture Code, is amended
3-11 to read as follows:
3-12 Sec. 71.110. (a) If, at the time of field inspection, the
3-13 department finds an injurious pest or disease or insect listed in
3-14 Sections 71.104-71.109, as applicable, the grower of the plants
3-15 shall delimit the infection or infestation and clean the plants by
3-16 use of a disinfectant.
3-17 SECTION 8. Section 71.114(b), Agriculture Code, is amended
3-18 to read as follows:
3-19 Sec. 71.114. (b) The department shall charge an inspection
3-20 fee, as provided by rule of the department[, for each acre over
3-21 five acres to be inspected].
3-22 SECTION 9. Section 73.004, Agriculture Code, is amended to
3-23 read as follows:
3-24 Sec. 73.004. INJURIOUS [DANGEROUS] DISEASES AND PESTS.
3-25 (a) In accordance with Subchapter A, Chapter 71, of this code, the
3-26 department shall establish quarantines against [the following]
3-27 pests and [plant] diseases[,] determined by department rule to be
4-1 injurious [which are not widely distributed in this state and are
4-2 public nuisances:]
4-3 [(1) Black scale (Saissetia oleae);]
4-4 [(2) Branch and twig borer (Melalgus confertus);]
4-5 [(3) Long-tailed mealy bug (Pseudococcus adonidum);]
4-6 [(4) Orange-peel miner (Marmara species);]
4-7 [(5) Withertip of lime (Glocosporium limetticolm); and]
4-8 [(6) False spider mite (Brevipalus sp.).]
4-9 [(b) For purposes of the citrus zone, the following pests
4-10 and diseases are a public nuisance:]
4-11 [(1) False spider mite (Brevipalus sp.);]
4-12 [(2) Withertip of lime (Glocosporium limetticolm);]
4-13 [(3) Whitefly (Aleyrodes, nubifera);]
4-14 [(4) Woolly whitefly (Aleurothrixus howardi);]
4-15 [(5) Flocculent whitefly (Aleurothrixus floccosa);]
4-16 [(6) Guava whitefly (Trialeurodes floridensis);]
4-17 [(7) Bay whitefly (Paraleurodes perseae);]
4-18 [(8) Inconspicuous whitefly (Bemesia inconspicua);]
4-19 [(9) Florida spirea aphid (Aphis spirecola);]
4-20 [(10) Citrus root weevil (Pachnaeus litus Germar);]
4-21 [(11) Meleanose (Phomopsis citri);]
4-22 [(12) Rufous scale (Selenaspidus articulatus);]
4-23 [(13) Snow scale (Unaspis citri);]
4-24 [(14) Six-spotted mite (Tetranychus sexmaculatus);]
4-25 [(15) Purple mite (Panohychus citri);]
4-26 [(16) Orange sawyer (Elaphidion inerne);]
4-27 [(17) Spiny blackfly (Aleurocanthus woglumi);]
5-1 [(18) Citrus scab;]
5-2 [(19) Black scale (Saissetia oleae);]
5-3 [(20) Citrus mealy bug;]
5-4 [(21) Cottony cushion scale;]
5-5 [(22) Citrus thrips (scirtothrips citri, Moulton);]
5-6 [(23) Barnacle scale;]
5-7 [(24) California red scale;]
5-8 [(25) Oystershell scale;]
5-9 [(26) Citrus red spider; and]
5-10 [(27) Citrus fruit and storage rot].
5-11 SECTION 10. Change the heading of Subchapter A, Chapter 74,
5-12 Agriculture Code, to read as follows:
5-13 SUBCHAPTER A. COTTON PEST [BOLL WEEVIL] CONTROL
5-14 SECTION 11. Section 121.004, Agriculture Code, is amended to
5-15 read as follows:
5-16 Sec. 121.004. Certificate of Authority. (a) The department
5-17 shall issue a numbered certificate of authority to each person who
5-18 determines or influences the grade[s, sells, or offers for sale] of
5-19 rose plants.
5-20 (b) A certificate of authority expires on December 31 of the
5-21 year in which it is issued.
5-22 (c) Each person who determines or influences the grade of
5-23 rose plants [grower, dealer, wholesaler, and processor] shall pay
5-24 an annual fee for a certificate of authority based on the actual
5-25 amount of work done by or under the direction of the department in
5-26 administering this chapter. The department shall set [fix] a fee,
5-27 as provided by department rule, according to the number of rose
6-1 plants graded [handled, sold, or offered for sale during the
6-2 calendar year].
6-3 [(d) A person who purchases graded stock but does not
6-4 determine or influence the grade is exempt from payment of the fee
6-5 required for a certificate of authority.]
6-6 SECTION 12. Section 121.007, Agriculture Code, is amended to
6-7 read as follows:
6-8 Sec. 121.007. Rules. (a) [Following notice and public
6-9 hearing, t] The department may adopt rules necessary to carry out
6-10 this chapter. [Rules adopted under this chapter are effective only
6-11 if approved in writing by the attorney general.]
6-12 [(b) The department shall publish rules adopted under this
6-13 chapter in pamphlet form.]
6-14 SECTION 13. REPEALER. The following statutes are repealed:
6-15 (1) Section 12.005, Agriculture Code;
6-16 (2) Section 14.107(c), Agriculture Code;
6-17 (3) Section 14.118(c), Agriculture Code;
6-18 (4) Section 16.002(c), Agriculture Code;
6-19 (5) Chapter 17, Agriculture Code;
6-20 (6) Chapter 19, Agriculture Code, as added by Section
6-21 2.01, Chapter 76, Acts of the 74th Legislature, Regular Session,
6-22 1995;
6-23 (7) Section 74.090, Agriculture Code;
6-24 SECTION 14. Emergency. The importance of this legislation
6-25 and the crowded condition of the calendars in both houses create an
6-26 emergency and an imperative public necessity that the
6-27 constitutional rule requiring bills to be read on three several
7-1 days in each house be suspended, and this rule is hereby suspended,
7-2 and that this Act take effect and be in force from and after its
7-3 passage, and it is so enacted.