By:  Armbrister                               S.B. No. 372

         97S0876/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to certain regulatory functions of the Department of

 1-2     Agriculture.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subdivision (1), Section 14.201, Agriculture

 1-5     Code, is amended to read as follows:

 1-6                 (1)  "Public warehouseman" means a person who stores

 1-7     cotton, wheat, rye, oats, or rice, or any kind of produce[, wares,

 1-8     merchandise, or personal property for hire].

 1-9           SECTION 2.  Subsection (a), Section 14.203, Agriculture Code,

1-10     is amended to read as follows:

1-11           (a)  The department may [shall] appoint warehouse examiners

1-12     to examine warehouses[, including corporations chartered under

1-13     Subchapter B of this chapter.  The department shall not appoint

1-14     more than one examiner for every 50 warehouses and corporations].

1-15           SECTION 3.  Subsection (c), Section 18.003, Agriculture Code,

1-16     is amended to read as follows:

1-17           (c)  An organic certification shall be for a period

1-18     prescribed by the department [expires on August 31 of each year].

1-19     A person who fails to submit a renewal fee on or before the

1-20     expiration date of the certification must pay, in addition to the

1-21     renewal fee, the late fee provided by Section 12.024 of this code.

1-22           SECTION 4.  Subsection (c), Section 71.0091, Agriculture

1-23     Code, is amended to read as follows:

 2-1           (c)  If the owner of a citrus plant, citrus plant product, or

 2-2     citrus substance seized under Subsection (a) of this section is

 2-3     unknown to the department, the department shall publish or post

 2-4     notice that, not earlier than the fifth day after the first day on

 2-5     which notice is published or posted, the department may treat or

 2-6     destroy the citrus plant, citrus plant product, or citrus

 2-7     substance.  The department shall publish the notice for three

 2-8     consecutive days in a newspaper of general circulation in the

 2-9     county in which the citrus plant, citrus plant product, or citrus

2-10     substance is located or post the notice in the immediate vicinity

2-11     of the area in which the citrus plant, citrus plant product, or

2-12     citrus substance is located.  The notice must describe the citrus

2-13     plant, citrus plant product, or citrus substance seized.  If the

2-14     owner claims the citrus plant, citrus plant product, or citrus

2-15     substance before the date for destruction set by the notice, the

2-16     department shall deliver the citrus plant, citrus plant product, or

2-17     citrus substance to the owner at the owner's expense.  If the owner

2-18     does not claim the citrus plant, citrus plant product, or citrus

2-19     substance before the date the notice specifies that destruction is

2-20     permitted, the department may destroy or arrange for the

2-21     destruction of the citrus plant, citrus plant product, or citrus

2-22     substance.

2-23           SECTION 5.  Subsection (a), Section 71.010, Agriculture Code,

2-24     is amended to read as follows:

2-25           (a)  A person who is aggrieved and will be injured by a

 3-1     quarantine or whose property is to be destroyed by order of the

 3-2     department is entitled to appeal to the district court of any

 3-3     county in which the quarantine or order is established or issued.

 3-4     In order to appeal, the person must give written notice of appeal

 3-5     to the department not later than the 10th day following the date of

 3-6     the order or proclamation.  The notice must name the district court

 3-7     in which the application is filed.

 3-8           SECTION 6.  Subsection (a), Section 71.103, Agriculture Code,

 3-9     is amended to read as follows:

3-10           (a)  Except as provided by Subsection (b) of this section, if

3-11     the department determines following field inspection that the

3-12     vegetable plants inspected are apparently free of injurious pests

3-13     and of the diseases and insects listed in Sections 71.104-71.109 of

3-14     this code, as applicable, the department shall issue a certificate

3-15     tag or stamp for those plants.  Plants certified under this section

3-16     shall be known as "state certified plants."

3-17           SECTION 7.  Subsection (a), Section 71.110, Agriculture Code,

3-18     is amended to read as follows:

3-19           (a)  If, at the time of field inspection, the department

3-20     finds an injurious pest or [a] disease or insect listed in Sections

3-21     71.104-71.109, as applicable, the grower of the plants shall

3-22     delimit the infection or infestation and clean the plants by use of

3-23     a disinfectant.

3-24           SECTION 8.  Subsection (b), Section 71.114, Agriculture Code,

3-25     is amended to read as follows:

 4-1           (b)  The department shall charge an inspection fee, as

 4-2     provided by rule of the department, for each acre [over five acres]

 4-3     to be inspected.

 4-4           SECTION 9.  Section 73.004, Agriculture Code, is amended to

 4-5     read as follows:

 4-6           Sec. 73.004.  INJURIOUS [DANGEROUS] DISEASES AND PESTS.

 4-7     [(a)]  In accordance with Subchapter A, Chapter 71, of this code,

 4-8     the department shall establish quarantines against [the following]

 4-9     pests and [plant] diseases determined by department rule to be

4-10     injurious[, which are not widely distributed in this state and are

4-11     public nuisances:]

4-12                 [(1)  Black scale (Saissetia oleae);]

4-13                 [(2)  Branch and twig borer (Melalgus confertus);]

4-14                 [(3)  Long-tailed mealy bug (Pseudococcus adonidum);]

4-15                 [(4)  Orange-peel miner (Marmara species);]

4-16                 [(5)  Withertip of lime (Glocosporium limetticolm); and]

4-17                 [(6)  False spider mite (Brevipalus sp.).]

4-18           [(b)  For purposes of the citrus zone, the following pests

4-19     and diseases are a public nuisance:]

4-20                 [(1)  False spider mite (Brevipalus sp.);]

4-21                 [(2)  Withertip of lime (Glocosporium limetticolm);]

4-22                 [(3)  Whitefly (Aleyrodes, nubifera);]

4-23                 [(4)  Woolly whitefly (Aleurothrixus howardi);]

4-24                 [(5)  Flocculent whitefly (Aleurothrixus floccosa);]

4-25                 [(6)  Guava whitefly (Trialeurodes floridensis);]

 5-1                 [(7)  Bay whitefly (Paraleurodes perseae);]

 5-2                 [(8)  Inconspicuous whitefly (Bemesia inconspicua);]

 5-3                 [(9)  Florida spirea aphid (Aphis spirecola);]

 5-4                 [(10)  Citrus root weevil (Pachnaeus litus Germar);]

 5-5                 [(11)  Meleanose (Phomopsis citri);]

 5-6                 [(12)  Rufous scale (Selenaspidus articulatus);]

 5-7                 [(13)  Snow scale (Unaspis citri);]

 5-8                 [(14)  Six-spotted mite (Tetranychus sexmaculatus);]

 5-9                 [(15)  Purple mite (Panohychus citri);]

5-10                 [(16)  Orange sawyer (Elaphidion inerne);]

5-11                 [(17)  Spiny blackfly (Aleurocanthus woglumi);]

5-12                 [(18)  Citrus scab;]

5-13                 [(19)  Black scale (Saissetia oleae);]

5-14                 [(20)  Citrus mealy bug;]

5-15                 [(21)  Cottony cushion scale;]

5-16                 [(22)  Citrus thrips (scirtothrips citri, Moulton);]

5-17                 [(23)  Barnacle scale;]

5-18                 [(24)  California red scale;]

5-19                 [(25)  Oystershell scale;]

5-20                 [(26)  Citrus red spider; and]

5-21                 [(27)  Citrus fruit and storage rot].

5-22           SECTION 10.  The heading of Subchapter A, Chapter 74,

5-23     Agriculture Code, is amended to read as follows:

 6-1              SUBCHAPTER A.  COTTON PEST [BOLL WEEVIL] CONTROL

 6-2           SECTION 11.  Section 121.004, Agriculture Code, is amended to

 6-3     read as follows:

 6-4           Sec. 121.004.  CERTIFICATE OF AUTHORITY.  (a)  The department

 6-5     shall issue a numbered certificate of authority to each person who

 6-6     determines or influences the grade of [grades, sells, or offers for

 6-7     sale] rose plants.

 6-8           (b)  A certificate of authority expires on December 31 of the

 6-9     year in which it is issued.

6-10           (c)  Each person who determines or influences the grade of

6-11     rose plants [grower, dealer, wholesaler, and processor] shall pay

6-12     an annual fee for a certificate of authority based on the actual

6-13     amount of work done by or under the direction of the department in

6-14     administering this chapter.  The department shall set [fix] a fee,

6-15     as provided by department rule, according to the number of rose

6-16     plants graded [handled, sold, or offered for sale during the

6-17     calendar year].

6-18           [(d)  A person who purchases graded stock but does not

6-19     determine or influence the grade is exempt from payment of the fee

6-20     required for a certificate of authority.]

6-21           SECTION 12.  Section 121.007, Agriculture Code, is amended to

6-22     read as follows:

6-23           Sec. 121.007.  RULES.  The [(a)  Following notice and public

6-24     hearing, the] department may adopt rules necessary to carry out

6-25     this chapter.  [Rules adopted under this chapter are effective only

 7-1     if approved in writing by the attorney general.]

 7-2           [(b)  The department shall publish rules adopted under this

 7-3     chapter in pamphlet form.]

 7-4           SECTION 13.  The following provisions of the Agriculture Code

 7-5     are repealed:

 7-6                 (1)  Section 12.005;

 7-7                 (2)  Subsection (c), Section 14.107;

 7-8                 (3)  Subsection (c), Section 14.118;

 7-9                 (4)  Subsection (c), Section 16.002;

7-10                 (5)  Chapter 17;

7-11                 (6)  Chapter 19; and

7-12                 (7)  Section 74.090.

7-13           SECTION 14.  The importance of this legislation and the

7-14     crowded condition of the calendars in both houses create an

7-15     emergency and an imperative public necessity that the

7-16     constitutional rule requiring bills to be read on three several

7-17     days in each house be suspended, and this rule is hereby suspended,

7-18     and that this Act take effect and be in force from and after its

7-19     passage, and it is so enacted.