By Flores H.B. No. 2807
Substitute the following for H.B. No. 2807:
By Turner of Coleman C.S.H.B. No. 2807
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration of the citrus budwood certification
1-3 program; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 19.001, Agriculture Code, as added by
1-6 Chapter 358, Acts of the 74th Legislature, Regular Session, 1995,
1-7 is amended to read as follows:
1-8 Sec. 19.001. PURPOSE. The purpose of this chapter is to:
1-9 (1) establish a certified citrus budwood program to
1-10 produce citrus trees [assist nurserymen and citrus growers in
1-11 producing citrus nursery trees] that are horticulturally sound, are
1-12 free from virus and other recognizable bud-transmissible diseases,
1-13 and are of an assured type of citrus variety;
1-14 (2) provide standards for foundation groves and
1-15 certified citrus nursery trees; and
1-16 (3) provide for an advisory council to make
1-17 recommendations on the implementation of the program [by
1-18 supervising the certification of citrus budwood to be taken from
1-19 trees grown in foundation groves].
1-20 SECTION 2. Section 19.002, Agriculture Code, as added by
1-21 Chapter 358, Acts of the 74th Legislature, Regular Session, 1995,
1-22 is amended by amending Subdivision (2), adding a new Subdivision
1-23 (5), and renumbering existing Subdivision (5) as a new Subdivision
1-24 (6) to read as follows:
2-1 (2) "Certified citrus budwood" means citrus budwood
2-2 [grown in a foundation grove] that meets standards required by the
2-3 department for assurance of type of citrus variety and for freedom
2-4 from dangerous pathogens[, including citrus tristeza, exocortis,
2-5 cachexia, psorosis, and other viral or viroid diseases dangerous to
2-6 the citrus industry].
2-7 (5) "Citrus nursery" means a producer of citrus trees,
2-8 propagated through the budding or grafting of citrus trees.
2-9 (6) "Foundation grove" means a grove containing parent
2-10 trees from which certified citrus budwood is obtained.
2-11 SECTION 3. Section 19.003, Agriculture Code, as added by
2-12 Chapter 358, Acts of the 74th Legislature, Regular Session, 1995,
2-13 is amended to read as follows:
2-14 Sec. 19.003. SCOPE [APPLICABILITY]. This chapter applies to
2-15 all citrus nurseries and citrus growers [only to citrus budwood
2-16 sold to citrus growers or to commercial nurseries for resale to
2-17 citrus growers. This chapter does not apply to citrus budwood used
2-18 for ornamental purposes].
2-19 SECTION 4. Section 19.004, Agriculture Code, as added by
2-20 Chapter 358, Acts of the 74th Legislature, Regular Session, 1995,
2-21 is amended by amending Subsections (b) and (c) and adding
2-22 Subsection (d) to read as follows:
2-23 (b) The department shall accomplish the purposes of the
2-24 program through the designation of foundation groves, [and] the
2-25 certification of citrus budwood grown in foundation groves, and the
2-26 periodic inspection of citrus nurseries to ensure that the citrus
2-27 nurseries are using certified citrus budwood.
3-1 (c) The department, with the advice of the advisory council,
3-2 shall set standards for foundation groves [grove size], set
3-3 standards for citrus budwood certification, [and] designate
3-4 individual foundation groves, and inspect citrus nurseries and the
3-5 records of citrus nurseries to ensure that the citrus nurseries are
3-6 using certified citrus budwood.
3-7 (d) The department or the advisory council may not require
3-8 the use of certified citrus budwood until the department and the
3-9 advisory council determine that an adequate supply of certified
3-10 citrus budwood is available.
3-11 SECTION 5. Section 19.006, Agriculture Code, as added by
3-12 Chapter 358, Acts of the 74th Legislature, Regular Session, 1995,
3-13 is amended to read as follows:
3-14 Sec. 19.006. RULES. The department, with the advice of the
3-15 advisory council, shall adopt standards and rules:
3-16 (1) necessary to administer the citrus budwood
3-17 certification program; and
3-18 (2) to regulate the sale of citrus budwood and citrus
3-19 nursery trees as supplies of certified citrus budwood and certified
3-20 citrus nursery trees become available.
3-21 SECTION 6. Section 19.007(a), Agriculture Code, as added by
3-22 Chapter 358, Acts of the 74th Legislature, Regular Session, 1995,
3-23 is amended to read as follows:
3-24 (a) The department shall establish:
3-25 (1) the certification standards for[: (1)] genetic
3-26 purity for varieties of citrus budwood by type;
3-27 (2) procedures that must be followed to prevent the
4-1 introduction of dangerous citrus [tristeza, exocortis, cachexia,
4-2 psorosis, and other identified] pathogens into budwood stock from
4-3 and in foundation groves; [and]
4-4 (3) procedures for certification of citrus budwood
4-5 grown in foundation groves; and
4-6 (4) procedures for certification of citrus nursery
4-7 trees.
4-8 SECTION 7. Sections 19.011(a) and (b), Agriculture Code, as
4-9 added by Chapter 358, Acts of the 74th Legislature, Regular
4-10 Session, 1995, are amended to read as follows:
4-11 (a) If a person offers citrus budwood or a citrus nursery
4-12 tree for sale falsely claiming that it is certified [citrus
4-13 budwood] or that it comes from a designated foundation grove, or
4-14 offers citrus budwood or a citrus nursery tree for sale in
4-15 violation of rules adopted under this chapter, the department may
4-16 issue a written order to stop the sale of that citrus budwood or
4-17 citrus nursery tree. A person may not sell citrus budwood or a
4-18 citrus nursery tree that is subject to a stop-sale order under this
4-19 section until:
4-20 (1) the sale is permitted by a court under Subsection
4-21 (b); or
4-22 (2) the department determines that the sale of the
4-23 citrus budwood or citrus nursery tree is in compliance with this
4-24 chapter and rules adopted under this chapter.
4-25 (b) The person named in the order may bring suit in a court
4-26 in the county where the citrus budwood or citrus nursery tree
4-27 subject to the stop-sale order is located. After a hearing, the
5-1 court may permit the citrus budwood or citrus nursery tree to be
5-2 sold if the court finds the citrus budwood or citrus nursery tree
5-3 is not being offered for sale in violation of this chapter.
5-4 SECTION 8. Section 19.012(a), Agriculture Code, as added by
5-5 Chapter 358, Acts of the 74th Legislature, Regular Session, 1995,
5-6 is amended to read as follows:
5-7 (a) A person commits an offense if the person:
5-8 (1) sells or offers to sell citrus budwood or a citrus
5-9 nursery tree falsely claiming that it is certified [citrus budwood]
5-10 or that it comes from a designated foundation grove; or
5-11 (2) fails to comply with an order of the department
5-12 issued under this chapter.
5-13 SECTION 9. Section 19.014, Agriculture Code, as added by
5-14 Chapter 358, Acts of the 74th Legislature, Regular Session, 1995,
5-15 is amended to read as follows:
5-16 Sec. 19.014. ADMINISTRATIVE PENALTIES. The department may
5-17 assess an administrative penalty under Chapter 12 for a violation
5-18 of this chapter [only] if the department finds that a person:
5-19 (1) sells or offers to sell citrus budwood or a citrus
5-20 nursery tree falsely claiming that it is certified [citrus budwood]
5-21 or that it comes from a designated foundation grove under this
5-22 chapter;
5-23 (2) uses citrus budwood in violation of rules adopted
5-24 under this chapter; or
5-25 (3) fails to comply with an order of the department
5-26 issued under this chapter.
5-27 SECTION 10. (a) Except as provided by Subsection (b), this
6-1 Act takes effect immediately.
6-2 (b) Sections 8 and 9 of this Act take effect September 1,
6-3 1997.
6-4 SECTION 11. The importance of this legislation and the
6-5 crowded condition of the calendars in both houses create an
6-6 emergency and an imperative public necessity that the
6-7 constitutional rule requiring bills to be read on three several
6-8 days in each house be suspended, and this rule is hereby suspended,
6-9 and that this Act take effect and be in force according to its
6-10 terms, and it is so enacted.