1-1     By:  Armbrister                                        S.B. No. 372

 1-2           (In the Senate - Filed March 14, 1997; March 19, 1997, read

 1-3     first time and referred to Committee on Natural Resources;

 1-4     April 10, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 10, Nays 0; April 10, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 372                    By:  Lucio

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to certain regulatory functions of the Department of

1-11     Agriculture.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subdivision (1), Section 14.201, Agriculture

1-14     Code, is amended to read as follows:

1-15                 (1)  "Public warehouseman" means a person who stores

1-16     cotton, wheat, rye, oats, or rice, or any kind of produce[, wares,

1-17     merchandise, or personal property for hire].

1-18           SECTION 2.  Subsection (a), Section 14.203, Agriculture Code,

1-19     is amended to read as follows:

1-20           (a)  The department may [shall] appoint warehouse examiners

1-21     to examine warehouses[, including corporations chartered under

1-22     Subchapter B of this chapter.  The department shall not appoint

1-23     more than one examiner for every 50 warehouses and corporations].

1-24           SECTION 3.  Subsection (c), Section 18.003, Agriculture Code,

1-25     is amended to read as follows:

1-26           (c)  An organic certification shall be for a period

1-27     prescribed by the department [expires on August 31 of each year].

1-28     A person who fails to submit a renewal fee on or before the

1-29     expiration date of the certification must pay, in addition to the

1-30     renewal fee, the late fee provided by Section 12.024 of this code.

1-31           SECTION 4.  Subsection (d), Section 71.0091, Agriculture

1-32     Code, is amended to read as follows:

1-33           (d)  If the owner of a citrus plant, citrus plant product, or

1-34     citrus substance seized by the department under this section fails

1-35     or refuses to treat or destroy the citrus plant, citrus plant

1-36     product, or citrus substance immediately after being instructed to

1-37     do so by the department, the department may abate the nuisance by

1-38     destroying the citrus plant, citrus plant product, or citrus

1-39     substance or may otherwise treat the citrus plant, citrus plant

1-40     product, or citrus substance so that it is no longer a nuisance.

1-41     In enforcing this subsection, the department may call on the

1-42     sheriff of the county in which the citrus plant, citrus plant

1-43     product, or citrus substance is located, and the sheriff shall

1-44     cooperate with the department and provide assistance necessary to

1-45     abate the nuisance.

1-46           SECTION 5.  Subsection (a), Section 71.010, Agriculture Code,

1-47     is amended to read as follows:

1-48           (a)  A person who is aggrieved and will be injured by a

1-49     quarantine or whose property is to be destroyed by order of the

1-50     department is entitled to appeal to the district court of any

1-51     county in which the quarantine or order is established or issued.

1-52     In order to appeal, the person must give written notice of appeal

1-53     to the department not later than the 10th day following the date of

1-54     the order or proclamation.  The notice must name the district court

1-55     in which the application is filed.

1-56           SECTION 6.  Subsection (a), Section 71.103, Agriculture Code,

1-57     is amended to read as follows:

1-58           (a)  Except as provided by Subsection (b) of this section, if

1-59     the department determines following field inspection that the

1-60     vegetable plants inspected are apparently free of injurious pests

1-61     and of the diseases and insects listed in Sections 71.104-71.109 of

1-62     this code, as applicable, the department shall issue a certificate

1-63     tag or stamp for those plants.  Plants certified under this section

1-64     shall be known as "state certified plants."

 2-1           SECTION 7.  Subsection (a), Section 71.110, Agriculture Code,

 2-2     is amended to read as follows:

 2-3           (a)  If, at the time of field inspection, the department

 2-4     finds an injurious pest or [a] disease or insect listed in Sections

 2-5     71.104-71.109, as applicable, the grower of the plants shall

 2-6     delimit the infection or infestation and clean the plants by use of

 2-7     a disinfectant.

 2-8           SECTION 8.  Subsection (b), Section 71.114, Agriculture Code,

 2-9     is amended to read as follows:

2-10           (b)  The department shall charge an inspection fee, as

2-11     provided by rule of the department[, for each acre over five acres

2-12     to be inspected].

2-13           SECTION 9.  Section 73.004, Agriculture Code, is amended to

2-14     read as follows:

2-15           Sec. 73.004.  INJURIOUS [DANGEROUS] DISEASES AND PESTS.

2-16     [(a)]  In accordance with Subchapter A, Chapter 71, of this code,

2-17     the department shall establish quarantines against [the following]

2-18     pests and [plant] diseases determined by department rule to be

2-19     injurious[, which are not widely distributed in this state and are

2-20     public nuisances:]

2-21                 [(1)  Black scale (Saissetia oleae);]

2-22                 [(2)  Branch and twig borer (Melalgus confertus);]

2-23                 [(3)  Long-tailed mealy bug (Pseudococcus adonidum);]

2-24                 [(4)  Orange-peel miner (Marmara species);]

2-25                 [(5)  Withertip of lime (Glocosporium limetticolm); and]

2-26                 [(6)  False spider mite (Brevipalus sp.).]

2-27           [(b)  For purposes of the citrus zone, the following pests

2-28     and diseases are a public nuisance:]

2-29                 [(1)  False spider mite (Brevipalus sp.);]

2-30                 [(2)  Withertip of lime (Glocosporium limetticolm);]

2-31                 [(3)  Whitefly (Aleyrodes, nubifera);]

2-32                 [(4)  Woolly whitefly (Aleurothrixus howardi);]

2-33                 [(5)  Flocculent whitefly (Aleurothrixus floccosa);]

2-34                 [(6)  Guava whitefly (Trialeurodes floridensis);]

2-35                 [(7)  Bay whitefly (Paraleurodes perseae);]

2-36                 [(8)  Inconspicuous whitefly (Bemesia inconspicua);]

2-37                 [(9)  Florida spirea aphid (Aphis spirecola);]

2-38                 [(10)  Citrus root weevil (Pachnaeus litus Germar);]

2-39                 [(11)  Meleanose (Phomopsis citri);]

2-40                 [(12)  Rufous scale (Selenaspidus articulatus);]

2-41                 [(13)  Snow scale (Unaspis citri);]

2-42                 [(14)  Six-spotted mite (Tetranychus sexmaculatus);]

2-43                 [(15)  Purple mite (Panohychus citri);]

2-44                 [(16)  Orange sawyer (Elaphidion inerne);]

2-45                 [(17)  Spiny blackfly (Aleurocanthus woglumi);]

2-46                 [(18)  Citrus scab;]

2-47                 [(19)  Black scale (Saissetia oleae);]

2-48                 [(20)  Citrus mealy bug;]

2-49                 [(21)  Cottony cushion scale;]

2-50                 [(22)  Citrus thrips (scirtothrips citri, Moulton);]

2-51                 [(23)  Barnacle scale;]

2-52                 [(24)  California red scale;]

2-53                 [(25)  Oystershell scale;]

2-54                 [(26)  Citrus red spider; and]

2-55                 [(27)  Citrus fruit and storage rot].

2-56           SECTION 10.  The heading of Subchapter A, Chapter 74,

2-57     Agriculture Code, is amended to read as follows:

2-58              SUBCHAPTER A.  COTTON PEST [BOLL WEEVIL] CONTROL

2-59           SECTION 11.  Section 121.004, Agriculture Code, is amended to

2-60     read as follows:

2-61           Sec. 121.004.  Certificate of Authority.  (a)  The department

2-62     shall issue a numbered certificate of authority to each person who

2-63     determines or influences the grade of [grades, sells, or offers for

2-64     sale] rose plants.

2-65           (b)  A certificate of authority expires on December 31 of the

2-66     year in which it is issued.

2-67           (c)  Each person who determines or influences the grade of

2-68     rose plants [grower, dealer, wholesaler, and processor] shall pay

2-69     an annual fee for a certificate of authority based on the actual

 3-1     amount of work done by or under the direction of the department in

 3-2     administering this chapter.  The department shall set [fix] a fee,

 3-3     as provided by department rule, according to the number of rose

 3-4     plants graded [handled, sold, or offered for sale during the

 3-5     calendar year].

 3-6           [(d)  A person who purchases graded stock but does not

 3-7     determine or influence the grade is exempt from payment of the fee

 3-8     required for a certificate of authority.]

 3-9           SECTION 12.  Section 121.007, Agriculture Code, is amended to

3-10     read as follows:

3-11           Sec. 121.007.  Rules.  The [(a)  Following notice and public

3-12     hearing, the] department may adopt rules necessary to carry out

3-13     this chapter.  [Rules adopted under this chapter are effective only

3-14     if approved in writing by the attorney general.]

3-15           [(b)  The department shall publish rules adopted under this

3-16     chapter in pamphlet form.]

3-17           SECTION 13.  The following provisions of the Agriculture Code

3-18     are repealed:

3-19                 (1)  Section 12.005;

3-20                 (2)  Subsection (c), Section 14.107;

3-21                 (3)  Subsection (c), Section 14.118;

3-22                 (4)  Subsection (c), Section 16.002;

3-23                 (5)  Chapter 17;

3-24                 (6)  Chapter 19, Agriculture Code, as added by Section

3-25     2.01, Chapter 76, Acts of the 74th Legislature, 1995; and

3-26                 (7)  Section 74.090.

3-27           SECTION 14.  The importance of this legislation and the

3-28     crowded condition of the calendars in both houses create an

3-29     emergency and an imperative public necessity that the

3-30     constitutional rule requiring bills to be read on three several

3-31     days in each house be suspended, and this rule is hereby suspended,

3-32     and that this Act take effect and be in force from and after its

3-33     passage, and it is so enacted.

3-34                                  * * * * *