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A BILL TO BE ENTITLED
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AN ACT
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relating to the detection and mitigation of plant pests and |
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diseases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 71, Agriculture Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. EARLY PLANT PEST DETECTION AND SURVEILLANCE |
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Sec. 71.201. DEFINITIONS. In this subchapter: |
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(1) "Cooperative agreement" means an agreement |
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described by Section 71.202. |
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(2) "Early plant pest detection and surveillance" |
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means the full range of activities undertaken to detect plant pests |
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newly introduced to this state or to a certain area of this state |
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before the pest becomes established or an infestation of the pest |
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becomes too large and costly to eradicate or control. The term |
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includes activities undertaken to detect pests affecting specialty |
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crops. |
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(3) "Institution of higher education" has the meaning |
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assigned by Section 61.003, Education Code. |
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(4) "Specialty crop" means a fruit, vegetable, tree |
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nut, dried fruit, or nursery crop, including floriculture. |
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Sec. 71.202. COOPERATIVE AGREEMENT. (a) The department |
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shall enter into a cooperative agreement with an institution of |
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higher education that agrees to conduct early plant pest detection |
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and surveillance. |
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(b) In carrying out this section, the department shall |
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consult with the State Seed and Plant Board and other interested |
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parties. |
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Sec. 71.203. APPLICATION. (a) An institution of higher |
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education may apply to enter into a cooperative agreement by |
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submitting to the department an application containing the |
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information required by the department. |
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(b) The department shall notify each applicant of the: |
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(1) auditing and reporting requirements that will |
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apply to an institution of higher education in connection with the |
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use of any money provided by the department to the institution of |
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higher education under the cooperative agreement; |
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(2) criteria to be used to ensure that early plant pest |
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detection and surveillance conducted under the cooperative |
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agreement are based on sound scientific data or risk assessments; |
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and |
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(3) required means of identifying pathways of pest |
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introduction. |
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Sec. 71.204. USE OF FUNDS. (a) An institution of higher |
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education shall use any money received under a cooperative |
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agreement to carry out early plant pest detection and surveillance |
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approved by the department to prevent the introduction or spread of |
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a plant pest. |
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(b) The non-state share of the cost of carrying out a |
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cooperative agreement may be provided in-kind, including by |
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covering certain indirect costs the department considers |
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appropriate. |
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(c) The department may not consider an applicant's ability |
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to pay or cover non-state costs when deciding whether to enter into |
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a cooperative agreement with the applicant. |
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Sec. 71.205. SPECIAL FUNDING CONSIDERATIONS. The |
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department shall provide money to an institution of higher |
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education to carry out early plant pest detection and surveillance |
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under a cooperative agreement if the department determines that: |
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(1) the institution of higher education is in a region |
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of this state that has a high risk of being affected by one or more |
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plant pests or diseases based on: |
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(A) the region's conduciveness to agricultural |
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pest and disease establishment due to location, agricultural |
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commodities produced, climate, crop diversity, or natural |
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resources; or |
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(B) the department's determination that an |
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agricultural pest or disease in the region is a state or federal |
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concern; and |
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(2) the early plant pest detection and surveillance |
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supported by the money will likely: |
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(A) prevent the introduction and establishment |
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of plant pests; and |
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(B) provide a comprehensive approach to |
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complement federal plant pest or disease detection efforts. |
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Sec. 71.206. REPORTING REQUIREMENTS. An institution of |
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higher education that conducts an early plant pest detection and |
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surveillance activity using money provided under this subchapter |
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shall, not later than the 90th day after the date the activity is |
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completed, submit to the department a report describing the |
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purposes and results of the activity. |
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Sec. 71.207. THREAT IDENTIFICATION AND MITIGATION PROGRAM. |
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(a) The department shall establish a threat identification and |
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mitigation program to determine and address threats to the domestic |
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production of crops, including specialty crops. |
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(b) Under the program, the department shall: |
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(1) develop risk assessments for potential threats |
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from foreign sources to the agricultural industry of this state; |
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(2) collaborate with the State Seed and Plant Board; |
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and |
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(3) implement action plans to assist in preventing the |
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introduction and widespread dissemination of new or highly |
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consequential plant pests and diseases in this state. |
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(c) Not later than September 1 of each year, the department |
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shall submit to the committees of the senate and house of |
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representatives with primary jurisdiction over agriculture and |
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rural affairs a report on the action plans described by this |
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section, including an accounting of money spent in connection with |
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those plans. |
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SECTION 2. This Act takes effect September 1, 2019. |
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