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.