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.

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