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A BILL TO BE ENTITLED
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AN ACT
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relating to citrus pest and disease management. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 80.001(a) and (b), Agriculture Code, |
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are amended to read as follows: |
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(a) The legislature finds that: |
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(1) citrus pests and diseases, including the insect |
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known as the Asian citrus psyllid and the disease known as citrus |
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greening, are public nuisances and menaces to the citrus industry, |
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and their control and suppression is a public necessity; |
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(2) because of the natural migration patterns of |
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citrus pests and the contagious nature of citrus diseases [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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disease and insect control and suppression, because such an entity |
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would enhance the interest and participation of citrus producers in |
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the 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 citrus pests and diseases [the Asian
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citrus psyllid] be carried out with the best available integrated |
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pest management techniques. |
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SECTION 2. Section 80.002, Agriculture Code, is amended to |
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read as follows: |
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Sec. 80.002. DESIGNATION OF ENTITY TO CARRY OUT CITRUS PEST |
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AND DISEASE [ASIAN CITRUS PSYLLID AND CITRUS GREENING] CONTROL AND |
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SUPPRESSION. (a) The Texas Citrus Pest and Disease Management |
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Corporation, Inc., a Texas nonprofit corporation, shall be |
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recognized by the department as the entity to plan, carry out, and |
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operate suppression programs to manage and control pests and |
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diseases, including 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 citrus pest and |
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disease [Asian citrus psyllid] control and management by giving 45 |
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days' written notice to the corporation and by designating a |
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successor entity. If the commissioner designates a successor to |
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the corporation, the successor has all the powers and duties of the |
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corporation under this chapter. Any successor to the corporation |
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shall assume and shall be responsible for all obligations and |
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liabilities relating to any notes, security agreements, |
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assignments, loan agreements, and any other contracts or other |
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documents entered into by the corporation with or for the benefit of |
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any financial institution or its predecessor, successor, or |
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assignee. |
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SECTION 3. Section 80.003, Agriculture Code, is amended by |
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amending Subdivisions (7), (10), (11), and (13) and adding |
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Subdivisions (14) and (15) to read as follows: |
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(7) "Suppression" means control of the numbers and |
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migration of a pest [the Asian citrus psyllid] to the extent that |
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the commissioner does not consider further management of the pest |
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[Asian citrus psyllid] necessary to prevent economic loss to citrus |
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producers. |
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(10) "Host" means a plant or plant product in which a |
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pest [the Asian citrus psyllid] is capable of completing any |
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portion of its life cycle. |
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(11) "Infested" means the presence of a pest [the
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Asian citrus psyllid] in any life stage or the existence of |
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generally accepted [entomological] evidence from which it may be |
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concluded with reasonable certainty that a pest [the Asian citrus
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psyllid] is present. |
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(13) "Regulated article" means an article carrying or |
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capable of carrying a pest [the Asian citrus psyllid], including |
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citrus plants, nursery plants, citrus rootstock, or other hosts. |
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(14) "Disease" means an impairment of the normal state |
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of citrus, caused by a virus or organism, that interrupts or |
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modifies the performance of vital functions in citrus. The term |
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includes citrus greening. |
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(15) "Pest" means a virus or organism that causes |
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disease or other damage to citrus and that is designated by |
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commissioner rule for suppression under this chapter. The term |
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includes the Asian citrus psyllid. |
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SECTION 4. Section 80.006(c), Agriculture Code, is amended |
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to read as follows: |
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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 pest [Asian
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citrus 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 80.016, 80.020, and 80.022, 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 pest [Asian citrus psyllid] suppression program. |
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SECTION 5. Sections 80.014(a) and (b), Agriculture Code, |
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are amended to read as follows: |
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(a) On the determination by the corporation that the pest |
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[Asian citrus psyllid] suppression program has been completed in |
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all pest management zones established under this chapter, the |
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corporation shall provide notice of the completion to the |
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commissioner along with a request for discontinuance of the control |
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and suppression program and collection of the assessment. Any |
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request under this subsection must include documentation |
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supporting the fact that pests are [the Asian citrus psyllid is] no |
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longer a threat to the state's citrus industry and a plan for |
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discontinuance of the program and assessment. |
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(b) The commissioner shall determine whether or not the |
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further suppression of pests [the Asian citrus psyllid] is |
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necessary in the pest management zones and approve or disapprove |
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discontinuance of the corporation and the plan for dissolution. |
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SECTION 6. Section 80.015(a), Agriculture Code, is amended |
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to read as follows: |
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(a) The commissioner shall propose the assessment needed in |
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each pest management zone to ensure the stability of the citrus |
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industry by suppressing the public nuisance caused by pests [the
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Asian citrus psyllid]. |
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SECTION 7. Section 80.016(i), Agriculture Code, is amended |
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to read as follows: |
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(i) A public hearing regarding the proposed suppression |
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program, including information regarding regulations to be |
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promulgated by the commissioner, may be held by the commissioner in |
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each of several locations in each [Asian citrus psyllid] pest |
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management zone. |
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SECTION 8. Section 80.019, Agriculture Code, is amended to |
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read as follows: |
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Sec. 80.019. ENTRY OF PREMISES; SUPPRESSION ACTIVITIES; |
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INSPECTIONS. The department, the corporation, or a designated |
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representative of either entity may enter citrus groves or other |
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premises to carry out the purposes of this chapter, which include |
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the treatment and monitoring of growing citrus or other host |
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plants. The department, the corporation, or a designated |
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representative of either entity may inspect groves or premises in |
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this state for the purpose of determining whether the property is |
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infested with pests [the Asian citrus psyllid or citrus
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greening]. An inspection must be conducted during reasonable |
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daylight hours. The department shall give notice by publication of |
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the planned schedule of dates for entry by the department, the |
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corporation, or a designated representative of either entity, to |
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the owner or occupant of the groves or premises to carry out the |
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purposes of this chapter, including treatment, monitoring, or |
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inspection functions. The department shall publish notice of the |
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planned schedule to enter the groves or premises in a newspaper of |
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general circulation in the pest management zone not less than once a |
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week for two weeks immediately before the scheduled dates of |
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entry. In addition to the notice published by the department, the |
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corporation shall post notice of the planned schedule to enter |
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groves or premises to carry out the purposes of this chapter at the |
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county courthouse of each county in the pest management zone not |
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later than the 15th day before the planned dates of entry. |
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SECTION 9. Section 80.020(b), Agriculture Code, is amended |
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to read as follows: |
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(b) The commissioner may adopt rules requiring all growers |
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of citrus in a pest management zone to participate in a pest [an
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Asian citrus psyllid] suppression program and growers of commercial |
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citrus to participate in pest and disease management programs that |
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include cost sharing as required by the rules. |
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SECTION 10. Sections 80.022(a) and (b), Agriculture Code, |
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are amended to read as follows: |
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(a) The commissioner shall adopt rules to protect |
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individuals, livestock, wildlife, and honeybee colonies on any |
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premises in a pest management zone on which citrus plants are being |
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grown that have been or are being treated to control or suppress |
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pests [the Asian citrus psyllid and citrus greening]. |
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(b) Rules adopted under this section shall establish the |
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criteria by which the corporation develops its procedures and |
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methods of treatment, which shall: |
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(1) establish a methodology for determining when pest |
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[Asian citrus psyllid] population levels have reached economic |
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significance or when disease [citrus greening] is present; |
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(2) establish an effective treatment regimen that |
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seeks to provide the least possible risk to workers, the public, and |
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the environment; |
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(3) minimize the effects of the use of pesticides on |
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long-term control methods, including but not limited to the effect |
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a particular pesticide may have on biological controls; |
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(4) establish methods for monitoring [Asian citrus
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psyllids, citrus greening, and secondary] pests; |
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(5) establish methods for verifying pesticide use |
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reduction; and |
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(6) consider the acute and chronic toxicity of |
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particular pesticides and the quantity of particular pesticides |
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needed. Pest management zone treatment plans may take into account |
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the potential for the use of smaller quantities of more toxic |
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substances to result in fewer health and environmental risks than |
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larger quantities of less toxic substances. |
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SECTION 11. Section 80.024, Agriculture Code, is amended to |
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read as follows: |
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Sec. 80.024. DOCUMENTING REGULATED ARTICLES. To implement |
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this chapter, the department may issue or authorize issuance of: |
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(1) a certificate that indicates that a regulated |
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article is not infested with pests [the Asian citrus psyllid]; and |
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(2) a permit that provides for the movement of a |
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regulated article to a restricted destination for limited handling, |
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use, or processing. |
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SECTION 12. Section 80.025(a), Agriculture Code, is amended |
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to read as follows: |
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(a) The corporation may carry out programs to destroy and |
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manage pests [the Asian citrus psyllid and citrus greening] in this |
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state by cooperating through written agreements, as approved by the |
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commissioner, with: |
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(1) an agency of the federal government; |
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(2) a state agency; |
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(3) an appropriate agency of a foreign country |
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contiguous to the affected area to the extent allowed by federal |
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law; |
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(4) a person who is engaged in growing, processing, |
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marketing, or handling citrus; |
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(5) a group of persons in this state involved in |
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similar programs to carry out the purposes of this chapter; or |
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(6) an appropriate state agency of another state |
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contiguous to the affected area, to the extent allowed by federal |
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law, the law of the contiguous state, and the law of this state. |
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SECTION 13. Section 80.026(a), Agriculture Code, is amended |
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to read as follows: |
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(a) The commissioner shall develop rules and procedures to: |
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(1) protect the eligibility of organic citrus |
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producers to be certified by the commissioner; |
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(2) ensure that organic and transitional |
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certifications by the commissioner continue to meet national |
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certification standards in order for organic citrus to maintain |
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international marketability; and |
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(3) in all events maintain the effectiveness of the |
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pest [Asian citrus psyllid] suppression program and disease [citrus
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greening] management administered under this chapter. |
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SECTION 14. This Act takes effect September 1, 2015. |