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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the official citrus producers' |
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pest and disease management corporation; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 5, Agriculture Code, is |
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amended by adding Chapter 80 to read as follows: |
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CHAPTER 80. OFFICIAL CITRUS PRODUCERS' PEST AND DISEASE |
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MANAGEMENT CORPORATION |
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Sec. 80.001. FINDINGS AND DECLARATION OF POLICY. (a) The |
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legislature finds that: |
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(1) the insect known as the Asian citrus psyllid and |
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the disease known as citrus greening are public nuisances and |
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menaces to the citrus industry, and their control and suppression |
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is a public necessity; |
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(2) because of the natural migration patterns of the |
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Asian citrus psyllid, the control and suppression of the nuisance |
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can best be accomplished by dividing the commercial citrus-growing |
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areas into separate zones so that integrated pest management |
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programs may be developed for each zone; |
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(3) there is a need for a quasi-governmental entity |
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acting under the supervision and control of the commissioner whose |
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members are actual citrus producers who would be represented on the |
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board of the entity by directors elected by them to manage control |
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and suppression programs and to furnish expertise in the field of |
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insect control and suppression, because such an entity would |
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enhance the interest and participation of citrus producers in the |
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program; |
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(4) citrus producers, in partnership with the state |
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and federal governments, have made significant investments toward |
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the suppression of these pests and disease in this state; and |
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(5) it is essential to the well-being of the citrus |
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industry and the agricultural economy of this state that the |
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investments of the citrus producers and the state and federal |
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governments be protected. |
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(b) It is the intent of the legislature that the program of |
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control and suppression of the Asian citrus psyllid be carried out |
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with the best available integrated pest management techniques. |
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(c) The department may recover costs for administration of |
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this chapter. |
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Sec. 80.002. DESIGNATION OF ENTITY TO CARRY OUT ASIAN |
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CITRUS PSYLLID AND CITRUS GREENING CONTROL AND SUPPRESSION. (a) |
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The Texas Citrus Pest and Disease Management Corporation, Inc., a |
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Texas nonprofit corporation, shall be recognized by the department |
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as the entity to plan, carry out, and operate suppression programs |
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to manage and control the Asian citrus psyllid and citrus greening |
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in citrus plants in the state under the supervision of the |
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department as provided by this chapter. |
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(b) The commissioner may terminate the corporation's |
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designation as the entity recognized to carry out Asian citrus |
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psyllid control and management by giving 45 days' written notice to |
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the corporation and by designating a successor entity. If the |
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commissioner designates a successor to the corporation, the |
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successor has all the powers and duties of the corporation under |
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this chapter. Any successor to the corporation shall assume and |
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shall be responsible for all obligations and liabilities relating |
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to any notes, security agreements, assignments, loan agreements, |
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and any other contracts or other documents entered into by the |
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corporation with or for the benefit of any financial institution or |
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its predecessor, successor, or assignee. |
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Sec. 80.003. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the Texas |
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Citrus Pest and Disease Management Corporation, Inc. |
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(2) "Asian citrus psyllid" means Diaphorina citri |
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Kuwayama. |
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(3) "Commissioner" means the commissioner of |
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agriculture. |
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(4) "Citrus" means: |
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(A) a citrus plant; |
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(B) a part of a citrus plant, including trees, |
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limbs, flowers, roots, and leaves; or |
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(C) citrus products. |
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(5) "Citrus greening" means the disease caused by the |
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Asian citrus psyllid. |
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(6) "Citrus producer" means a person who grows citrus |
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and receives income from the sale of citrus. The term includes an |
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individual who as owner, landlord, tenant, or sharecropper is |
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entitled to share in the citrus grown and available for marketing |
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from a farm or to share in the proceeds from the sale of the citrus |
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from the farm. |
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(7) "Suppression" means control of the numbers and |
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migration of the Asian citrus psyllid to the extent that the |
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commissioner does not consider further management of the Asian |
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citrus psyllid necessary to prevent economic loss to citrus |
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producers. |
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(8) "Pest management zone" means a geographic area |
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designated by the commissioner in accordance with Section 80.005 in |
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which citrus producers by referendum approve their participation in |
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a citrus pest control program. |
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(9) "Corporation" means the Texas Citrus Pest and |
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Disease Management Corporation, Inc., a Texas nonprofit |
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corporation. |
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(10) "Host" means a plant or plant product in which the |
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Asian citrus psyllid is capable of completing any portion of its |
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life cycle. |
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(11) "Infested" means the presence of the Asian citrus |
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psyllid in any life stage or the existence of generally accepted |
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entomological evidence from which it may be concluded with |
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reasonable certainty that the Asian citrus psyllid is present. |
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(12) "Integrated pest management" means the |
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coordinated use of pest and environmental information with |
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available pest control methods, including pesticides, natural |
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predator controls, cultural farming practices, and climatic |
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conditions, to prevent unacceptable levels of pest damage by the |
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most economical means and with the least possible hazard to people, |
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property, and the environment. |
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(13) "Regulated article" means an article carrying or |
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capable of carrying the Asian citrus psyllid, including citrus |
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plants, nursery plants, citrus rootstock, or other hosts. |
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Sec. 80.004. ADVISORY COMMITTEES. (a) The commissioner |
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may appoint an advisory committee for an existing pest management |
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zone or an area of the state that is to be considered by the |
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commissioner for designation as or inclusion in a pest management |
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zone. The committee shall gather advice, input, and guidance from |
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citrus producers from the area represented by the committee |
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concerning the interest in and concerns about the implementation of |
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this chapter. |
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(b) Each advisory committee may consider and make |
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recommendations to the commissioner and the corporation |
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concerning: |
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(1) the geographic boundaries for a proposed pest |
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management zone; |
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(2) the amount of local interest in operating a |
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suppression program; |
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(3) the basis and amount of an assessment necessary to |
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support a suppression program; |
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(4) ongoing implementation of a suppression program |
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approved by growers in a pest management zone; and |
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(5) any other matter requested by the commissioner or |
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the corporation. |
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(c) Each advisory committee appointed under this section |
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must include a sufficient number of citrus producers to ensure |
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adequate representation across the pest management zone and other |
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persons as determined by the commissioner. |
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(d) Advisory committees appointed under this section are |
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immune from lawsuits and liability to the same extent the |
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corporation is immune from lawsuits and liability under Section |
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80.032. |
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(e) An advisory committee established under this section is |
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subject to Chapters 551 and 552, Government Code. |
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Sec. 80.005. CREATION OF PEST MANAGEMENT ZONES. (a) The |
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commissioner by rule may designate an area of this state as a |
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proposed pest management zone. |
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(b) The commissioner may hold a public hearing in the |
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proposed pest management zone to discuss the proposed geographic |
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boundaries of the zone. The public hearing may include any other |
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topic allowed under this chapter. |
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(c) After the adoption of a rule under Subsection (a), the |
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commissioner shall conduct a referendum under Section 80.006. |
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Sec. 80.006. PEST MANAGEMENT ZONE REFERENDA. (a) The |
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commissioner shall conduct a referendum in each proposed pest |
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management zone to determine whether citrus producers want to |
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establish a pest management zone. |
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(b) Pest management zone referenda shall be conducted under |
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the procedures provided by Section 80.018. |
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(c) A proposed pest management zone referendum ballot must |
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include or be accompanied by information about the proposed pest |
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management zone, including: |
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(1) a statement of the purpose of the Asian citrus |
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psyllid suppression program; |
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(2) the geographic area included in the proposed pest |
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management zone; |
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(3) a general summary of rules adopted by the |
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commissioner under Sections 80.018, 80.022, and 80.024, including a |
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description of: |
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(A) citrus producer responsibilities; and |
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(B) penalties for noncompliance with rules |
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adopted under this chapter; and |
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(4) an address and toll-free telephone number that a |
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citrus producer may use to request more information about the |
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referendum or the Asian citrus psyllid suppression program. |
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(d) If a referendum to establish a pest management zone is |
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not approved, the concurrent election of a board member from the |
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proposed pest management zone under Section 80.007 has no effect, |
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and the commissioner shall appoint a representative to the board |
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from the area. |
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(e) The corporation may request the commissioner to call |
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additional referenda in a proposed pest management zone in which a |
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referendum has not been approved. An additional pest management |
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zone referendum and concurrent board election may not be held |
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before the first anniversary of the date of the preceding |
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referendum. |
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(f) After the approval of any referendum, the eligible |
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voters shall be allowed, by subsequent referenda, to vote on |
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whether to continue their assessments. The requirements for an |
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initial referendum must be complied with in a subsequent |
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referendum. |
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Sec. 80.007. BOARD ELECTIONS. (a) The initial election for |
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board members from a proposed pest management zone shall be held |
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concurrently with a pest management zone referendum held under |
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Section 80.006. Each pest management zone must be represented on |
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the board and remain represented on the board until suppression |
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operations are concluded and all debt of the pest management zone is |
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paid. |
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(b) A board election shall be conducted under the procedures |
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provided by this section and Section 80.018. |
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(c) A citrus producer who is eligible to vote in a |
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referendum or election under this chapter is eligible to be a |
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candidate for and member of the board if the person has at least |
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seven years of experience as a citrus producer and otherwise meets |
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the qualifications for the office. |
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(d) A citrus producer who wants to be a candidate for the |
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board must meet the qualifications for board membership and file an |
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application with the commissioner. The application must be: |
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(1) filed not later than the 30th day before the date |
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set for the board election; |
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(2) on a form approved by the commissioner; and |
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(3) signed by at least 10 citrus producers who are |
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eligible to vote in the board election. |
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(e) On receipt of an application and verification that the |
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application meets the requirements of Subsection (d), an |
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applicant's name shall be placed on the ballot for the board |
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election. |
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(f) An eligible voter may vote for a citrus producer whose |
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name does not appear on the official ballot by writing that person's |
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name on the ballot. |
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(g) A board election must be preceded by at least 45 days' |
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notice published in one or more newspapers published and |
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distributed in the proposed or established pest management zone. |
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The notice shall be published not less than once a week for three |
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consecutive weeks. Not later than the 45th day before the date of |
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the election, direct written notice of the election shall be given |
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to each AgriLife Extension agent in the pest management zone. |
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(h) Each board member shall be sworn into office by a |
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representative of the commissioner by taking the oath of office |
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required for elected officers of the state. |
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Sec. 80.008. COMPOSITION OF BOARD. (a) The board is |
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composed of members elected from each pest management zone |
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established by referendum, members appointed by the commissioner |
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from other citrus-growing areas of the state, and members appointed |
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by the commissioner under Subsection (b). The commissioner shall |
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appoint an initial board composed of 15 members. Except as provided |
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by Subsection (b), the term of each board position may not exceed |
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four years. |
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(b) In making appointments under this section, the |
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commissioner shall appoint the following board members, selected |
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from a variety of citrus-growing regions of the state, for |
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four-year terms: |
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(1) an agricultural lender; |
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(2) an independent entomologist who is an integrated |
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pest management specialist; |
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(3) two representatives from industries allied with |
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citrus production; and |
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(4) a representative from the pest control industry. |
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(c) The commissioner may change the number of board |
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positions or the pest management zone representation on the board |
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to accommodate changes in the number of pest management zones. A |
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change under this subsection may not contravene another provision |
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of this chapter. |
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(d) A vacancy on the board shall be filled by appointment by |
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the commissioner for the unexpired term. |
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(e) On 30 days' notice and opportunity for hearing, the |
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commissioner may replace any unelected board member of the |
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corporation. |
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Sec. 80.009. POWERS OF BOARD AND COMMISSIONER. (a) The |
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board may: |
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(1) conduct programs consistent with the declaration |
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of policy stated in Section 80.001; |
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(2) accept, as necessary to implement this chapter, |
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gifts and grants; |
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(3) borrow money, with the approval of the |
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commissioner, as necessary to execute this chapter; |
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(4) take other action and exercise other authority as |
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necessary to execute any act authorized by this chapter or the Texas |
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Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's |
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Texas Civil Statutes); and |
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(5) form an advisory committee composed of individuals |
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from this state, other states, or other countries and change |
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membership on the committee, as necessary. Any advisory committee |
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created under this subdivision for the purpose of establishing |
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treatment methods shall include among its members persons with |
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knowledge of the effects of different treatments on the health of |
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agricultural workers, the local population, and the ecosystem, |
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including but not limited to the effects of a particular method of |
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treatment on beneficial organisms and wildlife, the potential for |
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secondary infestations from nontarget pests, and the potential for |
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pest resistance to particular methods of treatment. |
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(b) On petition of at least 30 percent of the citrus |
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producers eligible to vote in the proposed area, the commissioner |
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may, or at the commissioner's discretion, the commissioner by rule |
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may add an area to a pest management zone or transfer an area or |
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county from one zone to another zone if: |
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(1) citrus production has begun or could begin in the |
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area; |
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(2) the area is adjacent to a pest management zone or |
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is in an area with biological characteristics similar to the pest |
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management zone; and |
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(3) the addition is approved in a referendum held in |
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the area. |
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(c) The board must adopt a procurement policy, subject to |
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approval by the commissioner, outlining the procedures to be used |
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in purchasing. |
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(d) The commissioner at any time may inspect the books and |
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other financial records of the corporation. |
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Sec. 80.010. BOARD DUTIES. (a) The board shall have an |
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annual independent audit of the books, records of account, and |
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minutes of proceedings maintained by the corporation prepared by an |
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independent certified public accountant or a firm of independent |
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certified public accountants. The audit must include information |
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for each zone in which a suppression program has been conducted |
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under this chapter. The audit shall be filed with the board, the |
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commissioner, and the state auditor and be made available to the |
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public by the corporation or the commissioner. The state auditor |
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may examine any work papers from the independent audit or may audit |
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the transactions of the corporation if the state auditor determines |
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that an audit is necessary. |
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(b) Not later than the 45th day after the last day of the |
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fiscal year, the board shall submit to the commissioner a report |
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itemizing all income and expenditures and describing all activities |
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of the corporation during the fiscal year. |
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(c) The corporation shall provide fidelity bonds in amounts |
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determined by the board for employees or agents who handle money for |
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the corporation. |
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(d) The corporation and the board are state agencies for the |
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following purposes only: |
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(1) exemption from taxation, including exemption from |
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sales and use taxes and taxes under Chapter 152, Tax Code; |
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(2) exemption from vehicle registration fees; and |
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(3) indemnification under Chapter 104, Civil Practice |
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and Remedies Code. |
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(e) Funds collected by the corporation are not state funds |
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and are not required to be deposited in the state treasury. The |
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corporation shall deposit all money collected under this chapter in |
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a bank or other depository approved by the commissioner. |
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(f) The corporation is a governmental unit under Section |
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101.001, Civil Practice and Remedies Code, and is entitled to |
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governmental immunity. A tort claim against the corporation must |
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be made under Chapter 101, Civil Practice and Remedies Code. |
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(g) The board shall collect data on the type and quantity of |
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pesticides used in accordance with this chapter. The data shall be |
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filed with the commissioner. |
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(h) All money collected under this chapter shall be used |
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solely to finance programs approved by the commissioner as |
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consistent with this chapter. |
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(i) The corporation is subject to the requirements of: |
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(1) the open meetings law, Chapter 551, Government |
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Code; and |
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(2) the public information law, Chapter 552, |
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Government Code. |
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(j) A board member may not vote on any matter in which the |
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member has a direct pecuniary interest. A board member is subject to |
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the same restrictions as a local public official under Chapter 171, |
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Local Government Code. |
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Sec. 80.011. ADMINISTRATIVE REVIEW. (a) The commissioner |
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by rule shall establish procedures for the informal review and |
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resolution of a claim arising out of certain acts taken by the |
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corporation under this chapter. Rules established under this |
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section shall include a designation of the acts that are subject to |
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review under this subsection and the appropriate remedial action, |
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as authorized by this chapter. |
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(b) A person dissatisfied with the department's informal |
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resolution of a claim under procedures adopted under Subsection (a) |
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may appeal the department's decision to the commissioner. |
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(c) A decision issued by the commissioner on a claim |
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appealed under Subsection (b) is the final administrative action of |
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the department and is subject to judicial review under Chapter |
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2001, Government Code. |
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(d) This section does not constitute a waiver of the state's |
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immunity from liability. |
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Sec. 80.012. LIABILITY OF CORPORATION MEMBERS, OFFICERS, |
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AND EMPLOYEES. (a) Except for instances of gross negligence, |
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individual criminal actions, or acts of dishonesty, the |
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corporation's members, directors, officers, and employees are not |
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individually liable to a citrus producer or other person for: |
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(1) errors in judgment; |
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(2) mistakes; or |
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(3) other acts or omissions. |
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(b) A corporation member, officer, or employee is not |
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individually liable for an act or omission of another corporation |
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member, officer, or employee. |
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Sec. 80.013. LIABILITY OF APPLICATORS. (a) In this |
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section, "applicator" means an individual or other person who is |
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not a member, director, officer, or employee of the corporation and |
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that contracts with the corporation to apply pesticides or other |
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chemicals using aircraft or other equipment to further or support |
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the control and suppression efforts undertaken under this chapter. |
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(b) An applicator is not jointly and severally liable for |
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any act or omission of the corporation under this chapter. |
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(c) The corporation shall have liability coverage in effect |
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for any control or suppression efforts for which it uses |
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applicators. The coverage must apply to acts and omissions of the |
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corporation and volunteers and be in the amount of at least $500,000 |
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for each single occurrence of death, bodily injury, or property |
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damage. |
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Sec. 80.014. CONTRACTING. (a) For a purchase of goods and |
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services under this chapter, the corporation may purchase goods and |
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services that provide the best value for the corporation. |
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(b) In determining the best value for the corporation, the |
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purchase price and whether the goods or services meet |
|
specifications are the most important considerations. However, the |
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corporation may consider other relevant factors, including: |
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(1) the quality and reliability of the goods and |
|
services; |
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(2) the delivery terms; |
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(3) indicators of probable vendor performance under |
|
the contract, including: |
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(A) past vendor performance; |
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(B) the vendor's financial resources and ability |
|
to perform; |
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(C) the vendor's experience or demonstrated |
|
capability and responsibility; and |
|
(D) the vendor's ability to provide reliable |
|
maintenance agreements and support; |
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(4) the cost of any employee training associated with |
|
a purchase; and |
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(5) other factors relevant to determining the best |
|
value for the corporation in the context of a particular purchase. |
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Sec. 80.015. BOARD MEMBER COMPENSATION. Board members |
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serve without compensation but are entitled to reimbursement for |
|
reasonable and necessary expenses incurred in the discharge of |
|
their duties. |
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Sec. 80.016. DISCONTINUATION OF PROGRAM AND CORPORATION AND |
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DISPOSITION OF FUNDS ON DISCONTINUANCE. (a) On the determination |
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by the corporation that the Asian citrus psyllid suppression |
|
program has been completed in all pest management zones established |
|
under this chapter, the corporation shall provide notice of the |
|
completion to the commissioner along with a request for |
|
discontinuance of the control and suppression program and |
|
collection of the assessment. Any request under this subsection |
|
must include documentation supporting the fact that the Asian |
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citrus psyllid is no longer a threat to the state's citrus industry |
|
and a plan for discontinuance of the program and assessment. |
|
(b) The commissioner shall determine whether or not the |
|
further suppression of the Asian citrus psyllid is necessary in the |
|
pest management zones and approve or disapprove discontinuance of |
|
the corporation and the plan for dissolution. |
|
(c) On completion of the dissolution, the corporation shall |
|
file a final report with the commissioner, including a financial |
|
report, and submit all remaining funds into the trust of the |
|
commissioner. Final books of the corporation shall be filed with |
|
the commissioner and are subject to audit by the department. |
|
(d) The commissioner shall pay from the corporation's |
|
remaining funds all of the corporation's outstanding obligations. |
|
(e) Funds remaining after payment under Subsection (d) |
|
shall be returned to contributing citrus producers on a pro rata |
|
basis. |
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(f) If 30 percent or more of the citrus producers eligible |
|
to vote within a zone participating in the program present to the |
|
commissioner a petition calling for a referendum of the qualified |
|
voters on the proposition of discontinuing the program, the |
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commissioner shall conduct a referendum for that purpose. |
|
(g) The commissioner shall give notice of the referendum, |
|
the referendum shall be conducted, and the results shall be |
|
declared in the manner provided by law for the original referendum |
|
and election, with any necessary exceptions provided by rule of the |
|
commissioner. |
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(h) The commissioner shall conduct the referendum before |
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the 90th day after the date the petition was filed, except that a |
|
referendum may not be held before the second anniversary of any |
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other referendum in the pest management zone pertaining to |
|
establishing or discontinuing the pest management zone. |
|
(i) Approval of the proposition requires the same vote as |
|
required in a referendum under Section 80.018(g). If the |
|
proposition is approved, the suppression program is abolished and |
|
the pest management zone ceases to exist on payment of all debts of |
|
the pest management zone. |
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Sec. 80.017. ASSESSMENT REFERENDA. (a) The commissioner |
|
shall propose the assessment needed in each pest management zone to |
|
ensure the stability of the citrus industry by suppressing the |
|
public nuisance caused by the Asian citrus psyllid. |
|
(b) The commissioner shall propose in a referendum the: |
|
(1) maximum assessment to be paid by citrus producers |
|
having production in the pest management zone; and |
|
(2) time for which the assessment will be made. |
|
(c) With the commissioner's approval, the corporation may |
|
make an assessment in a pest management zone at a level less than |
|
the assessment approved by the referendum. |
|
(d) The commissioner shall conduct an assessment referendum |
|
under the procedures provided by Section 80.018. |
|
(e) If an assessment referendum is approved, the |
|
corporation may collect the assessment. |
|
(f) An assessment levied on citrus producers in a pest |
|
management zone may be applied only to: |
|
(1) pest control in that zone; |
|
(2) the corporation's operating costs, including |
|
payments on debt incurred for a corporation activity, except that |
|
the funds of one zone may not be used to pay another zone's bank |
|
loans or debts; and |
|
(3) the conducting of other programs consistent with |
|
the declaration of policy stated in Section 80.001. |
|
(g) The assessment shall be adequate and necessary to |
|
achieve the goals of this chapter. The amount of the assessment |
|
shall be determined by criteria established by the commissioner, |
|
including: |
|
(1) the extent of infestation; |
|
(2) the amount of acreage planted; |
|
(3) historical efforts to suppress; |
|
(4) the growing season; |
|
(5) epidemiology; |
|
(6) historical weather conditions; and |
|
(7) the costs and financing of the program. |
|
(h) The commissioner shall give notice of and hold a public |
|
hearing in the pest management zone regarding the proposed |
|
assessment referendum. Before the referendum, the commissioner |
|
shall review and approve: |
|
(1) the amount of the assessment; |
|
(2) the basis for the assessment; |
|
(3) the time for payment of the assessment; |
|
(4) the method of allocation of the assessment among |
|
citrus producers; |
|
(5) the restructuring and repayment schedule for any |
|
preexisting debt; and |
|
(6) the amount of debt to be incurred in the pest |
|
management zone. |
|
(i) The commissioner shall on a zone-by-zone basis set the |
|
date on which assessments are due and payable. |
|
(j) Each year, the commissioner shall review and approve the |
|
corporation's operating budget. |
|
(k) The corporation shall prepare and mail billing |
|
statements to each citrus producer subject to the assessment that |
|
state the amount due and the due date. The assessments shall be |
|
sent to the corporation. |
|
Sec. 80.018. CONDUCT OF BOARD ELECTIONS AND REFERENDA; |
|
BALLOTING. (a) The commissioner shall conduct a referendum or |
|
board election authorized under this chapter. |
|
(b) The corporation shall bear all expenses incurred in |
|
conducting a referendum or board election. |
|
(c) The commissioner shall adopt rules for voting in board |
|
elections and referenda to establish pest management zones. Rules |
|
adopted under this subsection must include provisions for |
|
determining: |
|
(1) who is a citrus producer eligible to vote in an |
|
election or referendum; |
|
(2) whether a board member is elected by a plurality or |
|
a majority of the votes cast; and |
|
(3) the area from which each board member is elected. |
|
(d) A citrus producer having citrus production in a proposed |
|
or established pest management zone is entitled to: |
|
(1) vote in a referendum concerning the pest |
|
management zone; and |
|
(2) elect board members to represent the pest |
|
management zone. |
|
(e) An eligible citrus producer may vote only once in a |
|
referendum or board election. |
|
(f) Ballots in a referendum or board election shall be |
|
mailed directly to a central location, as determined by the |
|
commissioner. A citrus producer eligible to vote in a referendum or |
|
board election who has not received a ballot from the commissioner, |
|
corporation, or another source shall be offered the option of |
|
requesting a ballot by mail or obtaining a ballot at the office of |
|
Texas AgriLife Extension or a government office distributing |
|
ballots in a county in the proposed or established zone in which the |
|
referendum or board election is conducted. |
|
(g) A referendum is approved if: |
|
(1) at least two-thirds of those voting vote in favor |
|
of the referendum; or |
|
(2) those voting in favor of the referendum cultivate |
|
more than 50 percent, as determined by the commissioner, of the |
|
citrus acreage in the relevant pest management zone. |
|
(h) If a referendum under this chapter is not approved, the |
|
commissioner may conduct another referendum. A referendum under |
|
this subsection may not be held before the first anniversary of the |
|
date on which the previous referendum on the same issue was held. |
|
(i) A public hearing regarding the proposed suppression |
|
program, including information regarding regulations to be |
|
promulgated by the commissioner, may be held by the commissioner in |
|
each of several locations in each Asian citrus psyllid pest |
|
management zone. |
|
(j) Individual voter information, including an individual's |
|
vote in a referendum or board election conducted under this |
|
section, is confidential and is not subject to disclosure under |
|
Chapter 552, Government Code. |
|
Sec. 80.019. PAYMENT OF ASSESSMENTS; ASSESSMENT LIENS. (a) |
|
A citrus producer who fails to pay an assessment levied under this |
|
chapter when due may be subject, after reasonable notice and |
|
opportunity for hearing, to a penalty set by the commissioner. In |
|
determining the amount of the penalty to be assessed, the |
|
commissioner shall consider: |
|
(1) the seriousness of the violation, including the |
|
nature, circumstances, and extent of the violation; |
|
(2) the history of previous violations; |
|
(3) the amount necessary to deter future violations; |
|
(4) the economic situation of the citrus producer; and |
|
(5) any other matter that justice may require. |
|
(b) The corporation may develop a compliance certificate |
|
program to manage the payment and collection of an assessment |
|
levied under this chapter. Under the program the corporation, |
|
subject to department rules, may issue a compliance certificate for |
|
citrus for which an assessment has been paid. |
|
(c) In addition to any other remedies for the collection of |
|
assessments and penalties, the commissioner may adopt rules |
|
relating to the compliance certificate program for suppression |
|
assessments. The rules may include: |
|
(1) provisions establishing and relating to the |
|
obligations of growers, packers, and buyers in due course of citrus |
|
produced in active pest management zones to ensure that assessments |
|
are paid within a prescribed time period; |
|
(2) provisions allowing incentives in the form of |
|
discounted assessments for growers who pay assessments within a |
|
prescribed time period; |
|
(3) provisions establishing penalties and interest |
|
against growers who pay assessments after a prescribed time period; |
|
and |
|
(4) other provisions the commissioner determines are |
|
proper. |
|
(d) In addition to any other remedies for the collection of |
|
assessments and penalties, an assessment lien in favor of the |
|
corporation attaches and is perfected 60 days after the date the |
|
corporation mails notice of the assessment on citrus produced and |
|
harvested that year from the acreage that is subject to the |
|
assessment that is due and unpaid. An assessment lien is not an |
|
agricultural lien for the purposes of Chapter 9, Business & |
|
Commerce Code, and is not subject to the provisions of that chapter. |
|
An assessment lien is subject to and preempted by the Food Security |
|
Act of 1985 (7 U.S.C. Section 1631 et seq.) and shall be treated |
|
under that Act in the same manner as a security interest created by |
|
the seller. A buyer of citrus takes free of the assessment lien if |
|
the buyer: |
|
(1) receives a compliance certificate issued by the |
|
corporation when the buyer purchases the citrus that certifies that |
|
the assessment has been paid to the corporation; |
|
(2) pays for the citrus by a check on which the |
|
department is named as a joint payee; |
|
(3) does not receive notice of the assessment lien as |
|
required by the Food Security Act of 1985 (7 U.S.C. Section 1631 et |
|
seq.); or |
|
(4) buys the citrus from a person other than the |
|
producer of the citrus. |
|
(e) The corporation may assign, with the approval of the |
|
commissioner, assessments or liens in favor of the corporation as |
|
collateral for a loan to the corporation only if the proceeds of the |
|
loan are designated for use in the pest management zone from which |
|
the assessments or liens originated. |
|
(f) If the department believes that a violation of this |
|
section or a rule adopted under this section has occurred, the |
|
department may investigate and, during normal business hours, audit |
|
and inspect the records of the person who is the subject of the |
|
investigation. |
|
Sec. 80.020. EXEMPTION FROM ASSESSMENT PENALTIES. (a) The |
|
commissioner by rule shall adopt criteria to exempt from payment of |
|
an assessment penalty under Section 80.019 a citrus producer for |
|
whom payment would impose an undue financial burden. |
|
(b) A citrus producer is not eligible for an exemption under |
|
this section for a year in which the amount computed by subtracting |
|
the assessments and penalties due under this chapter from the |
|
citrus producer's net income subject to federal income taxation in |
|
the previous year is greater than $15,000. |
|
(c) A citrus producer who applies for an exemption under |
|
this section must use a form prescribed by the commissioner. A |
|
citrus producer must file a separate application form for each year |
|
for which the citrus producer claims an exemption. |
|
(d) The commissioner may establish a payment plan for a |
|
citrus producer applying for an exemption under this section. |
|
(e) The commissioner shall promptly notify an applicant of |
|
the determination regarding the applicant's request for an |
|
exemption. |
|
(f) If an exemption under this section is denied, |
|
assessments and penalties for the year for which the application is |
|
made are due on the later of: |
|
(1) the date on which they would be due in the absence |
|
of an application for exemption; or |
|
(2) 30 days after the date the applicant receives |
|
notice of the denial. |
|
(g) In addition to the authority provided under Subsections |
|
(a)-(f), the commissioner may reduce or waive an assessment penalty |
|
as appropriate and necessary. |
|
Sec. 80.021. ENTRY OF PREMISES; SUPPRESSION ACTIVITIES; |
|
INSPECTIONS. The department, the corporation, or a designated |
|
representative of either entity may enter citrus groves or other |
|
premises to carry out the purposes of this chapter, which include |
|
the treatment and monitoring of growing citrus or other host |
|
plants. The department, the corporation, or a designated |
|
representative of either entity may inspect groves or premises in |
|
this state for the purpose of determining whether the property is |
|
infested with the Asian citrus psyllid or citrus greening. An |
|
inspection must be conducted during reasonable daylight hours. The |
|
department shall give notice by publication of the planned schedule |
|
of dates for entry by the department, the corporation, or a |
|
designated representative of either entity, to the owner or |
|
occupant of the groves or premises to carry out the purposes of this |
|
chapter, including treatment, monitoring, or inspection functions. |
|
The department shall publish notice of the planned schedule to |
|
enter the groves or premises in a newspaper of general circulation |
|
in the pest management zone not less than once a week for two weeks |
|
immediately before the scheduled dates of entry. In addition to the |
|
notice published by the department, the corporation shall post |
|
notice of the planned schedule to enter groves or premises to carry |
|
out the purposes of this chapter at the county courthouse of each |
|
county in the pest management zone not later than the 15th day |
|
before the planned dates of entry. |
|
Sec. 80.022. AUTHORITY TO PROHIBIT PLANTING OF CITRUS AND |
|
REQUIRE PARTICIPATION IN SUPPRESSION PROGRAM. (a) The |
|
commissioner may adopt reasonable rules regarding areas where |
|
citrus may not be planted in a pest management zone if there is |
|
reason to believe planting will jeopardize the success of the |
|
program or present a hazard to public health or safety. |
|
(b) The commissioner may adopt rules requiring all growers |
|
of citrus in a pest management zone to participate in an Asian |
|
citrus psyllid suppression program and growers of commercial citrus |
|
to participate in pest and disease management programs that include |
|
cost sharing as required by the rules. |
|
(c) Notice of a prohibition or requirement shall be given by |
|
publication for one day each week for three successive weeks in a |
|
newspaper having general circulation in the affected area. |
|
(d) The commissioner may adopt a reasonable schedule of |
|
penalty fees to be assessed against growers in a designated pest |
|
management zone who do not meet the requirements of the rules issued |
|
by the commissioner relating to reporting of acreage and |
|
participation in cost sharing. A penalty fee may not exceed $50 per |
|
acre. |
|
Sec. 80.023. AUTHORITY FOR DESTRUCTION OR TREATMENT OF |
|
CITRUS IN PEST MANAGEMENT ZONES; COMPENSATION PAYABLE. The |
|
department may destroy or treat, and establish procedures for the |
|
purchase and destruction of, citrus plants or hosts in pest |
|
management zones if the department determines the action is |
|
necessary to carry out the purposes of this chapter. The department |
|
is not liable to the owner or lessee for the destruction of or |
|
injury to any citrus that was planted in a pest management zone |
|
after the date notice is published as required by this chapter. The |
|
corporation is liable for the destruction of citrus if the citrus |
|
was planted in a pest management zone before the date that notice is |
|
published. |
|
Sec. 80.024. AUTHORITY TO ADOPT RULES. (a) The |
|
commissioner shall adopt rules to protect individuals, livestock, |
|
wildlife, and honeybee colonies on any premises in a pest |
|
management zone on which citrus plants are being grown that have |
|
been or are being treated to control or suppress the Asian citrus |
|
psyllid and citrus greening. |
|
(b) Rules adopted under this section shall establish the |
|
criteria by which the corporation develops its procedures and |
|
methods of treatment, which shall: |
|
(1) establish a methodology for determining when Asian |
|
citrus psyllid population levels have reached economic |
|
significance or when citrus greening is present; |
|
(2) establish an effective treatment regimen that |
|
seeks to provide the least possible risk to workers, the public, and |
|
the environment; |
|
(3) minimize the effects of the use of pesticides on |
|
long-term control methods, including but not limited to the effect |
|
a particular pesticide may have on biological controls; |
|
(4) establish methods for monitoring Asian citrus |
|
psyllids, citrus greening, and secondary pests; |
|
(5) establish methods for verifying pesticide use |
|
reduction; and |
|
(6) consider the acute and chronic toxicity of |
|
particular pesticides and the quantity of particular pesticides |
|
needed. Pest management zone treatment plans may take into account |
|
the potential for the use of smaller quantities of more toxic |
|
substances to result in fewer health and environmental risks than |
|
larger quantities of less toxic substances. |
|
(c) The commissioner may adopt other reasonable rules |
|
necessary to carry out the purposes of this chapter. All rules |
|
issued under this chapter must be adopted and published in |
|
accordance with the laws of this state. |
|
(d) An advisory committee may be established to assist the |
|
commissioner in the development of rules under this section. The |
|
advisory committee may be composed of: |
|
(1) three citrus producers from the commercial citrus |
|
growing area of the state, appointed by the commissioner; |
|
(2) three entomologists with knowledge of the |
|
principles of integrated pest management, at least one of whom has |
|
special knowledge of nonchemical or biological pest control, |
|
appointed by the commissioner; |
|
(3) two individuals with experience representing the |
|
general interests of the environment, appointed by the chair of the |
|
Texas Commission on Environmental Quality; |
|
(4) an environmental engineer with expert knowledge of |
|
ground and surface water protection from contamination, appointed |
|
by the chair of the Texas Commission on Environmental Quality; |
|
(5) a toxicologist, appointed by the commissioner of |
|
state health services; and |
|
(6) an individual with experience representing the |
|
general interests of consumers and an individual with experience |
|
representing the general interests of agricultural workers, |
|
appointed by the governor. |
|
Sec. 80.025. REPORTS. Each person in an active pest |
|
management zone growing citrus in this state shall furnish to the |
|
corporation on forms supplied by the corporation information that |
|
the corporation requires concerning the size and location of all |
|
commercial citrus orchards and of noncommercial citrus grown for |
|
ornamental or other purposes. The corporation may provide an |
|
incentive for early and timely reporting. |
|
Sec. 80.026. DOCUMENTING REGULATED ARTICLES. To implement |
|
this chapter, the department may issue or authorize issuance of: |
|
(1) a certificate that indicates that a regulated |
|
article is not infested with the Asian citrus psyllid; and |
|
(2) a permit that provides for the movement of a |
|
regulated article to a restricted destination for limited handling, |
|
use, or processing. |
|
Sec. 80.027. COOPERATIVE PROGRAMS AUTHORIZED. (a) The |
|
corporation may carry out programs to destroy and manage the Asian |
|
citrus psyllid and citrus greening in this state by cooperating |
|
through written agreements, as approved by the commissioner, with: |
|
(1) an agency of the federal government; |
|
(2) a state agency; |
|
(3) an appropriate agency of a foreign country |
|
contiguous to the affected area to the extent allowed by federal |
|
law; |
|
(4) a person who is engaged in growing, processing, |
|
marketing, or handling citrus; |
|
(5) a group of persons in this state involved in |
|
similar programs to carry out the purposes of this chapter; or |
|
(6) an appropriate state agency of another state |
|
contiguous to the affected area, to the extent allowed by federal |
|
law, the law of the contiguous state, and the law of this state. |
|
(b) An agreement entered into under this section may provide |
|
for cost sharing and for division of duties and responsibilities |
|
under this chapter and may include other provisions to carry out the |
|
purposes of this chapter. |
|
Sec. 80.028. ORGANIC CITRUS PRODUCERS. (a) The |
|
commissioner shall develop rules and procedures to: |
|
(1) protect the eligibility of organic citrus |
|
producers to be certified by the commissioner; |
|
(2) ensure that organic and transitional |
|
certifications by the commissioner continue to meet national |
|
certification standards in order for organic citrus to maintain |
|
international marketability; and |
|
(3) in all events maintain the effectiveness of the |
|
Asian citrus psyllid suppression program and citrus greening |
|
management administered under this chapter. |
|
(b) The board may not treat or require treatment of organic |
|
citrus groves with chemicals that are not approved for use on |
|
certified organic citrus. Rules adopted under Subsection (a) may |
|
provide indemnity for the organic citrus producers for reasonable |
|
losses that result from a prohibition of production of organic |
|
citrus or from any requirement of destruction of organic citrus. |
|
Sec. 80.029. PENALTIES. (a) A person who violates this |
|
chapter or a rule adopted under this chapter or who alters, forges, |
|
counterfeits, or uses without authority a certificate, permit, or |
|
other document issued under this chapter or under a rule adopted |
|
under this chapter commits an offense. |
|
(b) An offense under this section is a Class C misdemeanor. |
|
(c) If the commissioner determines that a violation of this |
|
chapter or a rule adopted under this chapter has occurred, the |
|
commissioner may request that the attorney general or the county or |
|
district attorney of the county in which the alleged violation |
|
occurred or is occurring file suit for civil, injunctive, or other |
|
appropriate relief. |
|
Sec. 80.030. SUNSET PROVISION. (a) The board of directors |
|
of the official citrus producers' pest and disease management |
|
corporation is subject to Chapter 325, Government Code (Texas |
|
Sunset Act). Unless continued in existence as provided by that |
|
chapter, the board is abolished and this chapter expires September |
|
1, 2021. |
|
(b) The commissioner may order the dissolution of the |
|
corporation at any time the commissioner determines that the |
|
purposes of this chapter have been fulfilled or that the |
|
corporation is inoperative and abandoned. Dissolution shall be |
|
conducted in accordance with Section 80.016. |
|
(c) If the corporation is abolished or the suppression |
|
program discontinued for any reason, assessments approved, levied, |
|
or otherwise collectible on the date of abolishment remain valid as |
|
necessary to pay the financial obligations of the corporation. |
|
Sec. 80.031. ANNUAL REPORT. The board shall issue to the |
|
commissioner and the appropriate oversight committee in the house |
|
of representatives an annual report detailing its efforts to carry |
|
out the purposes of this chapter. |
|
Sec. 80.032. EXEMPTION FROM LAWSUITS, LIABILITY, TAXATION, |
|
AND LEGAL PROCESS. The legislature recognizes that the |
|
corporation, acting under the supervision and control of the |
|
commissioner, is carrying out an important governmental function |
|
and that therefore the corporation, as a quasi-governmental entity, |
|
must be immune from lawsuits and liability except to the extent |
|
provided in Chapter 101, Civil Practice and Remedies Code, and as |
|
provided by this section. Therefore, no claims may be brought or |
|
continued against the corporation except claims allowed by Chapter |
|
101, Civil Practice and Remedies Code. With the exception of |
|
finally adjudicated claims allowed by Chapter 101, Civil Practice |
|
and Remedies Code, all payments, contributions, funds, and |
|
assessments received or held by the foundation under this chapter |
|
are exempt from garnishment, attachment, execution, or other |
|
seizure and from state or local taxation, levies, sales, and any |
|
other process and are unassignable. Nothing in this section |
|
affects or impairs any existing or future indebtedness or any |
|
existing or future security interest created under a note, security |
|
agreement, assignment, or other loan agreement between the |
|
corporation and a lender or any judgment, to the extent the judgment |
|
allows recovery against the corporation pursuant to a note, |
|
security agreement, loan agreement, or other document. |
|
Sec. 80.033. USE OF BIO-INTENSIVE CONTROLS. (a) The |
|
commissioner shall develop and adopt rules to allow a citrus |
|
producer in a suppression program to use biological, botanical, or |
|
other nonsynthetic pest control methods. In developing rules, the |
|
commissioner shall consider: |
|
(1) scientific studies and field trials of the |
|
effectiveness of a proposed alternative control method; |
|
(2) the feasibility of using a proposed alternative |
|
control technique within a particular region; |
|
(3) the degree of monitoring necessary to establish |
|
the success of the use of a proposed alternative control; and |
|
(4) methods to prevent the use of substances that |
|
would impede the use of alternative controls and the promotion of |
|
beneficial insect populations. |
|
(b) A citrus producer that chooses to use an alternative |
|
method of control as provided in Subsection (a) shall notify the |
|
board. The board and the citrus producer shall coordinate their |
|
actions to prevent the use of substances that would impede the use |
|
of alternative controls and the promotion of beneficial insect |
|
populations. |
|
(c) The citrus producer shall pay any additional cost of |
|
bio-intensive control in addition to any assessment. |
|
Sec. 80.034. VENUE. (a) Venue for an action arising out of |
|
this chapter in which the corporation is a party is in Travis |
|
County. |
|
(b) This section does not expand the liability of the |
|
corporation beyond the liability provided under Section 80.032. |
|
SECTION 2. This Act takes effect September 1, 2009. |