C.S.H.B. 2320 78(R)    BILL ANALYSIS


C.S.H.B. 2320
By: Flores
Agriculture & Livestock
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, when a quarantine is established for an exotic pest, and
eradication efforts are implemented, inspectors will notify a person, such
as a vendor, that their fruit is at risk for pests and the person is
provided with methods to remedy the situation.  However, if the person
chooses not to address the potential problem, the Texas Department of
Agriculture (TDA) currently has no recourse, which leaves more hosts for
potential pests and increases the risk of pests spreading beyond the
quarantine area. 

In January of this year, an adult fruit fly was detected in a trap in a
Hidalgo County grapefruit orchard.  After additional fruit flies were
collected, a quarantine was triggered.  Although quarantine procedures
were appropriately instituted by TDA, U.S. Department of Agriculture
(USDA) officials have questioned TDA's ability to enforce the quarantine
to facilitate eradication and have requested additional regulations to
ensure that dangerous  pests are unable to spread from a quarantine area.  

The purpose of C.S.H.B. 2320 is to enhance the Texas Department of
Agriculture's ability to seize or treat articles, such as vehicles or
methods of storage, as well as fruit, that are located in a quarantine
area.    

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Department of Agriculture in SECTION 2 (Sec. 71.0092)
(Agriculture Code) of this bill. 

ANALYSIS

C.S.H.B. 2320 amends the Agriculture Code to clarify the Texas Department
of Agriculture's (TDA) authority to establish an eradication program
within a quarantined area on its own initiative.  It defines a
"quarantined article" and allows TDA to establish rules for the treatment
and handling of quarantined articles to prevent dissemination and further
infestation and initiate eradication..  This bill authorizes the
department to seek the assistance of the Department of Public Safety and
also requires local law enforcement officers to assist.  The bill allows
TDA to charge expenses to the owner for treating, isolating or destroying
the article.  The bill also allows the attorney general to recover any
court costs or attorney fees, if necessary.  Finally, the bill authorizes
the department to enter into an agreement with a private entity to obtain
assistance in defraying the cost of implementation.   

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2320 modifies the original by clarifying that both the plant
product and the transportation mode are covered as quarantined items.  The
substitute also clarifies that TDA may also contract with a public entity
to assist in the eradication program.  The substitute is a Legislative
Council draft whereas the original was not.