Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Walker                                       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 and vegetable products, the

 1-4     establishing of quarantines, and the repeal of certain obsolete

 1-5     provisions of the agricultural 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(c), Agriculture Code, is amended

 2-3     to read as follows:

 2-4           Sec. 71.0091.  (c)  If the owner of a citrus plant, citrus

 2-5     plant product, or citrus substance seized under Subsection (a) of

 2-6     this section is unknown to the department, the department shall

 2-7     publish or post notice that, not earlier than the fifth day after

 2-8     the first day on which notice is published or posted, the

 2-9     department may treat or destroy the citrus plant, citrus plant

2-10     product, or citrus substance.  The department shall publish the

2-11     notice for three consecutive days in a newspaper of general

2-12     circulation in the county in which the citrus plant, citrus plant

2-13     product, or citrus substance is located or post the notice in the

2-14     immediate vicinity of the area in which the citrus plant, citrus

2-15     plant product, or citrus substance is located.  The notice must

2-16     describe the citrus plant, citrus plant product, or citrus

2-17     substance seized.  If the owner claims the citrus plant, citrus

2-18     plant product, or citrus substance before the date for destruction

2-19     set by the notice, the department shall deliver the citrus plant,

2-20     citrus plant product, or citrus substance to the owner at the

2-21     owner's expense.  If the owner does not claim the citrus plant,

2-22     citrus plant product, or citrus substance before the date the

2-23     notice specifies that destruction is permitted, the department may

2-24     destroy or arrange for the destruction of the citrus plant, citrus

2-25     plant product, or citrus substance.

2-26           SECTION 5.  Section 71.010(a), Agriculture Code, is amended

2-27     to read as follows:

2-28           Sec. 71.010.  (a)  A person who is aggrieved and will be

2-29     injured by a quarantine or whose property is to be destroyed by

2-30     order of the department is entitled to appeal to the district court

 3-1     of any county in which the quarantine or order is established or

 3-2     issued.  In order to appeal, the person must give written notice of

 3-3     appeal to the department not later than the 10th day following the

 3-4     date of the order or proclamation.  The notice must name the

 3-5     district court in which the application is filed.

 3-6           SECTION 6.  Section 71.103(a), Agriculture Code, is amended

 3-7     to read as follows:

 3-8           Sec. 71.103.  (a)  Except as provided by Subsection (b) of

 3-9     this section, if the department determines following field

3-10     inspection that the vegetable plants inspected are apparently free

3-11     of injurious pest and of the diseases and insects listed in

3-12     Sections 71.104-71.109 of this code, as applicable, the department

3-13     shall issue a certificate tag or stamp for those plants.  Plants

3-14     certified under this section shall be known as "state certified

3-15     plants."

3-16           SECTION 7.  Section 71.110(a), Agriculture Code, is amended

3-17     to read as follows:

3-18           Sec. 71.110.  (a)  If, at the time of field inspection, the

3-19     department finds an injurious pest or disease or insect listed in

3-20     Sections 71.104-71.109, as applicable, the grower of the plants

3-21     shall delimit the infection or infestation and clean the plants by

3-22     use of a disinfectant.

3-23           SECTION 8.  Section 71.114(b), Agriculture Code, is amended

3-24     to read as follows:

3-25           Sec. 71.114.  (b)  The department shall charge an inspection

3-26     fee, as provided by rule of the department, for each acre [over

3-27     five acres] to be inspected.

3-28           SECTION 9.  Section 73.004, Agriculture Code, is amended to

3-29     read as follows:

3-30           Sec. 73.004.  Injurious [Dangerous] Diseases and Pests.

 4-1     (a)  In accordance with Subchapter A, Chapter 71, of this code, the

 4-2     department shall establish quarantines against [the following]

 4-3     pests and [plant] diseases[,] determined by department rule to be

 4-4     injurious [which are not widely distributed in this state and are

 4-5     public nuisances:]

 4-6                 [(1)  Black scale (Saissetia oleae);]

 4-7                 [(2)  Branch and twig borer (Melalgus confertus);]

 4-8                 [(3)  Long-tailed mealy bug (Pseudococcus adonidum);]

 4-9                 [(4)  Orange-peel miner (Marmara species);]

4-10                 [(5)  Withertip of lime (Glocosporium limetticolm); and]

4-11                 [(6)  False spider mite (Brevipalus sp.).]

4-12           [(b)  For purposes of the citrus zone, the following pests

4-13     and diseases are a public nuisance:]

4-14                 [(1)  False spider mite (Brevipalus sp.);]

4-15                 [(2)  Withertip of lime (Glocosporium limetticolm);]

4-16                 [(3)  Whitefly (Aleyrodes, nubifera);]

4-17                 [(4)  Woolly whitefly (Aleurothrixus howardi);]

4-18                 [(5)  Flocculent whitefly (Aleurothrixus floccosa);]

4-19                 [(6)  Guava whitefly (Trialeurodes floridensis);]

4-20                 [(7)  Bay whitefly (Paraleurodes perseae);]

4-21                 [(8)  Inconspicuous whitefly (Bemesia inconspicua);]

4-22                 [(9)  Florida spirea aphid (Aphis spirecola);]

4-23                 [(10)  Citrus root weevil (Pachnaeus litus Germar);]

4-24                 [(11)  Meleanose (Phomopsis citri);]

4-25                 [(12)  Rufous scale (Selenaspidus articulatus);]

4-26                 [(13)  Snow scale (Unaspis citri);]

4-27                 [(14)  Six-spotted mite (Tetranychus sexmaculatus);]

4-28                 [(15)  Purple mite (Panohychus citri);]

4-29                 [(16)  Orange sawyer (Elaphidion inerne);]

4-30                 [(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

5-28     plants graded [handled, sold, or offered for sale during the

5-29     calendar year].

5-30           [(d)  A person who purchases graded stock but does not

 6-1     determine or influence the grade is exempt from payment of the fee

 6-2     required for a certificate of authority.]

 6-3           SECTION 12.  Section 121.007, Agriculture Code, is amended to

 6-4     read as follows:

 6-5           Sec. 121.007.  Rules.  (a)  [Following notice and public

 6-6     hearing, the] The department may adopt rules necessary to carry out

 6-7     this chapter.  [Rules adopted under this chapter are effective only

 6-8     if approved in writing by the attorney general.]

 6-9           [(b)  The department shall publish rules adopted under this

6-10     chapter in pamphlet form.]

6-11           SECTION 13.  REPEALER.  The following statutes are repealed:

6-12                 (1)  Section 12.005, Agriculture Code;

6-13                 (2)  Section 14.107(c), Agriculture Code;

6-14                 (3)  Section 14.118(c), Agriculture Code;

6-15                 (4)  Section 16.002(c), Agriculture Code;

6-16                 (5)  Chapter 17, Agriculture Code;

6-17                 (6)  Chapter 19, Agriculture Code;

6-18                 (7)  Section 74.090, Agriculture Code;

6-19           SECTION 14.  Emergency.  The importance of this legislation

6-20     and the crowded condition of the calendars in both houses create an

6-21     emergency and an imperative public necessity that the

6-22     constitutional rule requiring bills to be read on three several

6-23     days in each house be suspended, and this rule is hereby suspended,

6-24     and that this Act take effect and be in force from and after its

6-25     passage, and it is so enacted.