Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Flores                                       H.B. No. 2807

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain provisions of the Citrus Budwood Certification

 1-3     Program.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sec. 19.001, Purpose, Chapter 19, Title 2 of the

 1-6     Texas Agriculture Code is amended to read as follows:

 1-7           The purpose of this chapter is to [assist nurserymen and

 1-8     citrus growers in producing citrus nursery trees] establish a

 1-9     certified citrus budwood program to produce citrus trees that are

1-10     horticulturally sound, are free from virus and other recognizable

1-11     bud-transmissible diseases, and are of an assured type of citrus

1-12     variety [by supervising the certification of citrus budwood to be

1-13     taken from trees grown in foundation groves.], to provide standards

1-14     for foundation groves, to provide standards for certified citrus

1-15     nursery trees and to provide an advisory council to make

1-16     recommendations on the implementation of the program.

1-17           SECTION 2.  Sec. 19.002, Definitions, Chapter 19, Title 2 of

1-18     the Agriculture Code is amended by adding subsection (6) to read as

1-19     follows:

1-20           Sec. 19.002, DEFINITIONS.

1-21                 (6)  "Citrus nursery" means a producer of commercial or

1-22     ornamental citrus nursery trees through the budding or grafting of

1-23     such trees.

1-24           SECTION 3.  Sec. 19.003, Applicability, Chapter 19, Title 2

 2-1     of the Agriculture Code is amended to read as follows:

 2-2           Sec. 19.003, [APPLICABILITY] SCOPE AND IMPLEMENTATION.  This

 2-3     chapter applies [only to citrus budwood sold to citrus growers or

 2-4     to commercial nurseries for resale to citrus growers.  This chapter

 2-5     does not apply to citrus budwood used for ornamental purposes] to

 2-6     all citrus nurseries and citrus growers who bud their own citrus

 2-7     nursery trees; however, the requirement of using virus free

 2-8     certified budwood will not be imposed until the advisory council

 2-9     and the department can provide reasonable assurance that an

2-10     adequate supply of virus free or certified budwood available.

2-11           SECTION 4.  Sec. 19.003, Citrus Certification Program,

2-12     Chapter 19, Title 2 of the Agriculture Code is amended to read as

2-13     follows:

2-14           Sec. 19.004, CITRUS BUDWOOD CERTIFICATION PROGRAM.  (a)  The

2-15     citrus budwood certification program is established.  The

2-16     department administers the program.

2-17           (b)  The department shall accomplish the purposes of the

2-18     program through the designation of foundation groves the

2-19     certification of citrus budwood grown in foundation groves[.], and

2-20     by periodic inspection of citrus nurseries to insure they are using

2-21     certified budwood.

2-22           (c)  The department, with the advice of the advisory council,

2-23     shall set standards for foundation grove size, set standards for

2-24     budwood certification, [and] designate individual foundation

2-25     groves, and inspect citrus nurseries and their records to insure

2-26     they are using certified budwood.

2-27           SECTION 5.  Sec. 19.006, Rules, Chapter 19, Title 2 of the

2-28     Agriculture Code is amended to read as follows:

2-29           Sec. 19.006, RULES.  The department, with the advise of the

2-30     advisory council, shall adopt standards [and], rules and forms

 3-1     necessary to administer the citrus budwood certification program.

 3-2           SECTION 6.  Amend Sec. 19.007, Certification Standards,

 3-3     Chapter 19, Title 2 of the Agriculture Code by adding subparagraph

 3-4     (4) to subsection (a) to read as follows:

 3-5           Sec. 19.007 CERTIFICATION STANDARDS.  (a)  The department

 3-6     shall establish the certification standards for:

 3-7                 (1)  genetic purity for varieties of citrus budwood by

 3-8     type:

 3-9                 (2)  procedures that must be followed to prevent the

3-10     introduction of citrus tristeza, exocortis, cachexia, psorosis, and

3-11     other identified pathogens into budwood stock from and in

3-12     foundation groves; [and]

3-13                 (3)  procedures for certification of citrus budwood

3-14     grown in foundation groves[.];

3-15                 (4)  procedures for certification of citrus nursery

3-16     trees.

3-17           SECTION 7.  Sec. 19.012, Criminal Penalty, Chapter 19, Title

3-18     2 of the Agriculture Code is amended by adding subparagraph (3) to

3-19     subsection (a) to read as follows:

3-20           Sec. 19.012, CRIMINAL PENALTY.  (a)  A person commits an

3-21     offense if the person:

3-22                 (1)  sells or offers to sell citrus budwood falsely

3-23     claiming that it is certified citrus budwood or that it comes from

3-24     a designated foundation grove; or

3-25                 (2)  buds citrus nursery trees that are not budded with

3-26     certified citrus budwood as required by the department;

3-27                 (3)  fails to comply with an order of the department

3-28     issued under this chapter.[;]

3-29           SECTION 8.  The importance of this legislation and the

3-30     crowded conditions of the calendars in both houses create an

 4-1     emergency and imperative public necessity that the constitutional

 4-2     rule requiring Bills to be read on three (3) separate days in each

 4-3     house be suspended, and this rule is hereby suspended, and that

 4-4     this Act shall take effect and be in force from and after its

 4-5     passage, and it is so enacted.