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.