1-1 By: Flores (Senate Sponsor - Lucio) H.B. No. 2807
1-2 (In the Senate - Received from the House April 27, 1997;
1-3 April 29, 1997, read first time and referred to Committee on
1-4 Natural Resources; May 17, 1997, reported favorably by the
1-5 following vote: Yeas 10, Nays 0; May 17, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the administration of the citrus budwood certification
1-9 program; providing a penalty.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 19.001, Agriculture Code, as added by
1-12 Chapter 358, Acts of the 74th Legislature, Regular Session, 1995,
1-13 is amended to read as follows:
1-14 Sec. 19.001. PURPOSE. The purpose of this chapter is to:
1-15 (1) establish a certified citrus budwood program to
1-16 produce citrus trees [assist nurserymen and citrus growers in
1-17 producing citrus nursery trees] that are horticulturally sound, are
1-18 free from virus and other recognizable bud-transmissible diseases,
1-19 and are of an assured type of citrus variety;
1-20 (2) provide standards for foundation groves and
1-21 certified citrus nursery trees; and
1-22 (3) provide for an advisory council to make
1-23 recommendations on the implementation of the program [by
1-24 supervising the certification of citrus budwood to be taken from
1-25 trees grown in foundation groves].
1-26 SECTION 2. Section 19.002, Agriculture Code, as added by
1-27 Chapter 358, Acts of the 74th Legislature, Regular Session, 1995,
1-28 is amended by amending Subdivision (2), adding a new Subdivision
1-29 (5), and renumbering existing Subdivision (5) as a new Subdivision
1-30 (6) to read as follows:
1-31 (2) "Certified citrus budwood" means citrus budwood
1-32 [grown in a foundation grove] that meets standards required by the
1-33 department for assurance of type of citrus variety and for freedom
1-34 from dangerous pathogens[, including citrus tristeza, exocortis,
1-35 cachexia, psorosis, and other viral or viroid diseases dangerous to
1-36 the citrus industry].
1-37 (5) "Citrus nursery" means a producer of citrus trees,
1-38 propagated through the budding or grafting of citrus trees.
1-39 (6) "Foundation grove" means a grove containing parent
1-40 trees from which certified citrus budwood is obtained.
1-41 SECTION 3. Section 19.003, Agriculture Code, as added by
1-42 Chapter 358, Acts of the 74th Legislature, Regular Session, 1995,
1-43 is amended to read as follows:
1-44 Sec. 19.003. SCOPE [APPLICABILITY]. This chapter applies to
1-45 all citrus nurseries and citrus growers [only to citrus budwood
1-46 sold to citrus growers or to commercial nurseries for resale to
1-47 citrus growers. This chapter does not apply to citrus budwood used
1-48 for ornamental purposes].
1-49 SECTION 4. Section 19.004, Agriculture Code, as added by
1-50 Chapter 358, Acts of the 74th Legislature, Regular Session, 1995,
1-51 is amended by amending Subsections (b) and (c) and adding
1-52 Subsection (d) to read as follows:
1-53 (b) The department shall accomplish the purposes of the
1-54 program through the designation of foundation groves, [and] the
1-55 certification of citrus budwood grown in foundation groves, and the
1-56 periodic inspection of citrus nurseries to ensure that the citrus
1-57 nurseries are using certified citrus budwood.
1-58 (c) The department, with the advice of the advisory council,
1-59 shall set standards for foundation groves [grove size], set
1-60 standards for citrus budwood certification, [and] designate
1-61 individual foundation groves, and inspect citrus nurseries and the
1-62 records of citrus nurseries to ensure that the citrus nurseries are
1-63 using certified citrus budwood.
1-64 (d) The department or the advisory council may not require
2-1 the use of certified citrus budwood until the department and the
2-2 advisory council determine that an adequate supply of certified
2-3 citrus budwood is available.
2-4 SECTION 5. Section 19.006, Agriculture Code, as added by
2-5 Chapter 358, Acts of the 74th Legislature, Regular Session, 1995,
2-6 is amended to read as follows:
2-7 Sec. 19.006. RULES. The department, with the advice of the
2-8 advisory council, shall adopt standards and rules:
2-9 (1) necessary to administer the citrus budwood
2-10 certification program; and
2-11 (2) to regulate the sale of citrus budwood and citrus
2-12 nursery trees as supplies of certified citrus budwood and certified
2-13 citrus nursery trees become available.
2-14 SECTION 6. Section 19.007(a), Agriculture Code, as added by
2-15 Chapter 358, Acts of the 74th Legislature, Regular Session, 1995,
2-16 is amended to read as follows:
2-17 (a) The department shall establish:
2-18 (1) the certification standards for[: (1)] genetic
2-19 purity for varieties of citrus budwood by type;
2-20 (2) procedures that must be followed to prevent the
2-21 introduction of dangerous citrus [tristeza, exocortis, cachexia,
2-22 psorosis, and other identified] pathogens into budwood stock from
2-23 and in foundation groves; [and]
2-24 (3) procedures for certification of citrus budwood
2-25 grown in foundation groves; and
2-26 (4) procedures for certification of citrus nursery
2-27 trees.
2-28 SECTION 7. Sections 19.011(a) and (b), Agriculture Code, as
2-29 added by Chapter 358, Acts of the 74th Legislature, Regular
2-30 Session, 1995, are amended to read as follows:
2-31 (a) If a person offers citrus budwood or a citrus nursery
2-32 tree for sale falsely claiming that it is certified [citrus
2-33 budwood] or that it comes from a designated foundation grove, or
2-34 offers citrus budwood or a citrus nursery tree for sale in
2-35 violation of rules adopted under this chapter, the department may
2-36 issue a written order to stop the sale of that citrus budwood or
2-37 citrus nursery tree. A person may not sell citrus budwood or a
2-38 citrus nursery tree that is subject to a stop-sale order under this
2-39 section until:
2-40 (1) the sale is permitted by a court under Subsection
2-41 (b); or
2-42 (2) the department determines that the sale of the
2-43 citrus budwood or citrus nursery tree is in compliance with this
2-44 chapter and rules adopted under this chapter.
2-45 (b) The person named in the order may bring suit in a court
2-46 in the county where the citrus budwood or citrus nursery tree
2-47 subject to the stop-sale order is located. After a hearing, the
2-48 court may permit the citrus budwood or citrus nursery tree to be
2-49 sold if the court finds the citrus budwood or citrus nursery tree
2-50 is not being offered for sale in violation of this chapter.
2-51 SECTION 8. Section 19.012(a), Agriculture Code, as added by
2-52 Chapter 358, Acts of the 74th Legislature, Regular Session, 1995,
2-53 is amended to read as follows:
2-54 (a) A person commits an offense if the person:
2-55 (1) sells or offers to sell citrus budwood or a citrus
2-56 nursery tree falsely claiming that it is certified [citrus budwood]
2-57 or that it comes from a designated foundation grove; or
2-58 (2) fails to comply with an order of the department
2-59 issued under this chapter.
2-60 SECTION 9. Section 19.014, Agriculture Code, as added by
2-61 Chapter 358, Acts of the 74th Legislature, Regular Session, 1995,
2-62 is amended to read as follows:
2-63 Sec. 19.014. ADMINISTRATIVE PENALTIES. The department may
2-64 assess an administrative penalty under Chapter 12 for a violation
2-65 of this chapter [only] if the department finds that a person:
2-66 (1) sells or offers to sell citrus budwood or a citrus
2-67 nursery tree falsely claiming that it is certified [citrus budwood]
2-68 or that it comes from a designated foundation grove under this
2-69 chapter;
3-1 (2) uses citrus budwood in violation of rules adopted
3-2 under this chapter; or
3-3 (3) fails to comply with an order of the department
3-4 issued under this chapter.
3-5 SECTION 10. (a) Except as provided by Subsection (b) of
3-6 this section, this Act takes effect immediately.
3-7 (b) Sections 8 and 9 of this Act take effect September 1,
3-8 1997.
3-9 SECTION 11. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended,
3-14 and that this Act take effect and be in force according to its
3-15 terms, and it is so enacted.
3-16 * * * * *