81R25712 BEF-F
By: Martinez H.B. No. 4578
Substitute the following for H.B. No. 4578:
By: Anderson C.S.H.B. No. 4578
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the official citrus producers'
pest and disease management corporation; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 5, Agriculture Code, is
amended by adding Chapter 80 to read as follows:
CHAPTER 80. OFFICIAL CITRUS PRODUCERS' PEST AND DISEASE
MANAGEMENT CORPORATION
Sec. 80.001. FINDINGS AND DECLARATION OF POLICY. (a) The
legislature finds that:
(1) the insect known as the Asian citrus psyllid and
the disease known as citrus greening are public nuisances and
menaces to the citrus industry, and their control and suppression
is a public necessity;
(2) because of the natural migration patterns of the
Asian citrus psyllid, the control and suppression of the nuisance
can best be accomplished by dividing the commercial citrus-growing
areas into separate zones so that integrated pest management
programs may be developed for each zone;
(3) there is a need for a quasi-governmental entity
acting under the supervision and control of the commissioner whose
members are actual citrus producers who would be represented on the
board of the entity by directors elected by them to manage control
and suppression programs and to furnish expertise in the field of
insect control and suppression, because such an entity would
enhance the interest and participation of citrus producers in the
program;
(4) citrus producers, in partnership with the state
and federal governments, have made significant investments toward
the suppression of these pests and disease in this state; and
(5) it is essential to the well-being of the citrus
industry and the agricultural economy of this state that the
investments of the citrus producers and the state and federal
governments be protected.
(b) It is the intent of the legislature that the program of
control and suppression of the Asian citrus psyllid be carried out
with the best available integrated pest management techniques.
(c) The department may recover costs for administration of
this chapter.
Sec. 80.002. DESIGNATION OF ENTITY TO CARRY OUT ASIAN
CITRUS PSYLLID AND CITRUS GREENING CONTROL AND SUPPRESSION. (a)
The Texas Citrus Pest and Disease Management Corporation, Inc., a
Texas nonprofit corporation, shall be recognized by the department
as the entity to plan, carry out, and operate suppression programs
to manage and control the Asian citrus psyllid and citrus greening
in citrus plants in the state under the supervision of the
department as provided by this chapter.
(b) The commissioner may terminate the corporation's
designation as the entity recognized to carry out Asian citrus
psyllid control and management by giving 45 days' written notice to
the corporation and by designating a successor entity. If the
commissioner designates a successor to the corporation, the
successor has all the powers and duties of the corporation under
this chapter. Any successor to the corporation shall assume and
shall be responsible for all obligations and liabilities relating
to any notes, security agreements, assignments, loan agreements,
and any other contracts or other documents entered into by the
corporation with or for the benefit of any financial institution or
its predecessor, successor, or assignee.
Sec. 80.003. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the Texas
Citrus Pest and Disease Management Corporation, Inc.
(2) "Asian citrus psyllid" means Diaphorina citri
Kuwayama.
(3) "Commissioner" means the commissioner of
agriculture.
(4) "Citrus" means:
(A) a citrus plant;
(B) a part of a citrus plant, including trees,
limbs, flowers, roots, and leaves; or
(C) citrus products.
(5) "Citrus greening" means the disease caused by the
Asian citrus psyllid.
(6) "Citrus producer" means a person who grows citrus
and receives income from the sale of citrus. The term includes an
individual who as owner, landlord, tenant, or sharecropper is
entitled to share in the citrus grown and available for marketing
from a farm or to share in the proceeds from the sale of the citrus
from the farm.
(7) "Suppression" means control of the numbers and
migration of the Asian citrus psyllid to the extent that the
commissioner does not consider further management of the Asian
citrus psyllid necessary to prevent economic loss to citrus
producers.
(8) "Pest management zone" means a geographic area
designated by the commissioner in accordance with Section 80.005 in
which citrus producers by referendum approve their participation in
a citrus pest control program.
(9) "Corporation" means the Texas Citrus Pest and
Disease Management Corporation, Inc., a Texas nonprofit
corporation.
(10) "Host" means a plant or plant product in which the
Asian citrus psyllid is capable of completing any portion of its
life cycle.
(11) "Infested" means the presence of the Asian citrus
psyllid in any life stage or the existence of generally accepted
entomological evidence from which it may be concluded with
reasonable certainty that the Asian citrus psyllid is present.
(12) "Integrated pest management" means the
coordinated use of pest and environmental information with
available pest control methods, including pesticides, natural
predator controls, cultural farming practices, and climatic
conditions, to prevent unacceptable levels of pest damage by the
most economical means and with the least possible hazard to people,
property, and the environment.
(13) "Regulated article" means an article carrying or
capable of carrying the Asian citrus psyllid, including citrus
plants, nursery plants, citrus rootstock, or other hosts.
Sec. 80.004. ADVISORY COMMITTEES. (a) The commissioner
may appoint an advisory committee for an existing pest management
zone or an area of the state that is to be considered by the
commissioner for designation as or inclusion in a pest management
zone. The committee shall gather advice, input, and guidance from
citrus producers from the area represented by the committee
concerning the interest in and concerns about the implementation of
this chapter.
(b) Each advisory committee may consider and make
recommendations to the commissioner and the corporation
concerning:
(1) the geographic boundaries for a proposed pest
management zone;
(2) the amount of local interest in operating a
suppression program;
(3) the basis and amount of an assessment necessary to
support a suppression program;
(4) ongoing implementation of a suppression program
approved by growers in a pest management zone; and
(5) any other matter requested by the commissioner or
the corporation.
(c) Each advisory committee appointed under this section
must include a sufficient number of citrus producers to ensure
adequate representation across the pest management zone and other
persons as determined by the commissioner.
(d) An advisory committee established under this section is
subject to Chapters 551 and 552, Government Code.
Sec. 80.005. CREATION OF PEST MANAGEMENT ZONES. (a) The
commissioner by rule may designate an area of this state as a
proposed pest management zone.
(b) The commissioner may hold a public hearing in the
proposed pest management zone to discuss the proposed geographic
boundaries of the zone. The public hearing may include any other
topic allowed under this chapter.
(c) After the adoption of a rule under Subsection (a), the
commissioner shall conduct a referendum under Section 80.006.
Sec. 80.006. PEST MANAGEMENT ZONE REFERENDA. (a) The
commissioner shall conduct a referendum in each proposed pest
management zone to determine whether citrus producers want to
establish a pest management zone.
(b) Pest management zone referenda shall be conducted under
the procedures provided by Section 80.016.
(c) A proposed pest management zone referendum ballot must
include or be accompanied by information about the proposed pest
management zone, including:
(1) a statement of the purpose of the Asian citrus
psyllid suppression program;
(2) the geographic area included in the proposed pest
management zone;
(3) a general summary of rules adopted by the
commissioner under Sections 80.016, 80.020, and 80.022, including a
description of:
(A) citrus producer responsibilities; and
(B) penalties for noncompliance with rules
adopted under this chapter; and
(4) an address and toll-free telephone number that a
citrus producer may use to request more information about the
referendum or the Asian citrus psyllid suppression program.
(d) If a referendum to establish a pest management zone is
not approved, the concurrent election of a board member from the
proposed pest management zone under Section 80.007 has no effect,
and the commissioner shall appoint a representative to the board
from the area.
(e) The corporation may request the commissioner to call
additional referenda in a proposed pest management zone in which a
referendum has not been approved. An additional pest management
zone referendum and concurrent board election may not be held
before the first anniversary of the date of the preceding
referendum.
(f) After the approval of any referendum, the eligible
voters shall be allowed, by subsequent referenda, to vote on
whether to continue their assessments. The requirements for an
initial referendum must be complied with in a subsequent
referendum.
Sec. 80.007. BOARD ELECTIONS. (a) The initial election for
board members from a proposed pest management zone shall be held
concurrently with a pest management zone referendum held under
Section 80.006. Each pest management zone must be represented on
the board and remain represented on the board until suppression
operations are concluded and all debt of the pest management zone is
paid.
(b) A board election shall be conducted under the procedures
provided by this section and Section 80.016.
(c) A citrus producer who is eligible to vote in a
referendum or election under this chapter is eligible to be a
candidate for and member of the board if the person has at least
seven years of experience as a citrus producer and otherwise meets
the qualifications for the office.
(d) A citrus producer who wants to be a candidate for the
board must meet the qualifications for board membership and file an
application with the commissioner. The application must be:
(1) filed not later than the 30th day before the date
set for the board election;
(2) on a form approved by the commissioner; and
(3) signed by at least 10 citrus producers who are
eligible to vote in the board election.
(e) On receipt of an application and verification that the
application meets the requirements of Subsection (d), an
applicant's name shall be placed on the ballot for the board
election.
(f) An eligible voter may vote for a citrus producer whose
name does not appear on the official ballot by writing that person's
name on the ballot.
(g) A board election must be preceded by at least 45 days'
notice published in one or more newspapers published and
distributed in the proposed or established pest management zone.
The notice shall be published not less than once a week for three
consecutive weeks. Not later than the 45th day before the date of
the election, direct written notice of the election shall be given
to each AgriLife Extension agent in the pest management zone.
(h) Each board member shall be sworn into office by a
representative of the commissioner by taking the oath of office
required for elected officers of the state.
Sec. 80.008. COMPOSITION OF BOARD. (a) The board is
composed of members elected from each pest management zone
established by referendum, members appointed by the commissioner
from other citrus-growing areas of the state, and members appointed
by the commissioner under Subsection (b). The commissioner shall
appoint an initial board composed of 15 members. Except as provided
by Subsection (b), the term of each board position may not exceed
four years.
(b) In making appointments under this section, the
commissioner shall appoint the following board members, selected
from a variety of citrus-growing regions of the state, for
four-year terms:
(1) an agricultural lender;
(2) an independent entomologist who is an integrated
pest management specialist;
(3) two representatives from industries allied with
citrus production; and
(4) a representative from the pest control industry.
(c) The commissioner may change the number of board
positions or the pest management zone representation on the board
to accommodate changes in the number of pest management zones. A
change under this subsection may not contravene another provision
of this chapter.
(d) A vacancy on the board shall be filled by appointment by
the commissioner for the unexpired term.
(e) On 30 days' notice and opportunity for hearing, the
commissioner may replace any unelected board member of the
corporation.
Sec. 80.009. POWERS OF BOARD AND COMMISSIONER. (a) The
board may:
(1) conduct programs consistent with the declaration
of policy stated in Section 80.001;
(2) accept, as necessary to implement this chapter,
gifts and grants;
(3) borrow money, with the approval of the
commissioner, as necessary to execute this chapter;
(4) take other action and exercise other authority as
necessary to execute any act authorized by this chapter or the Texas
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
Texas Civil Statutes); and
(5) form an advisory committee composed of individuals
from this state, other states, or other countries and change
membership on the committee, as necessary. Any advisory committee
created under this subdivision for the purpose of establishing
treatment methods shall include among its members persons with
knowledge of the effects of different treatments on the health of
agricultural workers, the local population, and the ecosystem,
including but not limited to the effects of a particular method of
treatment on beneficial organisms and wildlife, the potential for
secondary infestations from nontarget pests, and the potential for
pest resistance to particular methods of treatment.
(b) On petition of at least 30 percent of the citrus
producers eligible to vote in the proposed area, the commissioner
may, or at the commissioner's discretion, the commissioner by rule
may add an area to a pest management zone or transfer an area or
county from one zone to another zone if:
(1) citrus production has begun or could begin in the
area;
(2) the area is adjacent to a pest management zone or
is in an area with biological characteristics similar to the pest
management zone; and
(3) the addition is approved in a referendum held in
the area.
(c) The board must adopt a procurement policy, subject to
approval by the commissioner, outlining the procedures to be used
in purchasing.
(d) The commissioner at any time may inspect the books and
other financial records of the corporation.
Sec. 80.010. BOARD DUTIES. (a) The board shall have an
annual independent audit of the books, records of account, and
minutes of proceedings maintained by the corporation prepared by an
independent certified public accountant or a firm of independent
certified public accountants. The audit must include information
for each zone in which a suppression program has been conducted
under this chapter. The audit shall be filed with the board, the
commissioner, and the state auditor and be made available to the
public by the corporation or the commissioner. The transactions of
the corporation are subject to audit by the state auditor in
accordance with Chapter 321, Government Code.
(b) Not later than the 45th day after the last day of the
fiscal year, the board shall submit to the commissioner a report
itemizing all income and expenditures and describing all activities
of the corporation during the fiscal year.
(c) The corporation shall provide fidelity bonds in amounts
determined by the board for employees or agents who handle money for
the corporation.
(d) The corporation and the board are state agencies for the
following purposes only:
(1) exemption from taxation, including exemption from
sales and use taxes and taxes under Chapter 152, Tax Code; and
(2) exemption from vehicle registration fees.
(e) Funds collected by the corporation are not state funds
and are not required to be deposited in the state treasury. The
corporation shall deposit all money collected under this chapter in
a bank or other depository approved by the commissioner.
(f) The board shall collect data on the type and quantity of
pesticides used in accordance with this chapter. The data shall be
filed with the commissioner.
(g) All money collected under this chapter shall be used
solely to finance programs approved by the commissioner as
consistent with this chapter.
(h) The corporation is subject to the requirements of:
(1) the open meetings law, Chapter 551, Government
Code; and
(2) the public information law, Chapter 552,
Government Code.
(i) A board member may not vote on any matter in which the
member has a direct pecuniary interest. A board member is subject to
the same restrictions as a local public official under Chapter 171,
Local Government Code.
Sec. 80.011. ADMINISTRATIVE REVIEW. (a) The commissioner
by rule shall establish procedures for the informal review and
resolution of a claim arising out of certain acts taken by the
corporation under this chapter. Rules established under this
section shall include a designation of the acts that are subject to
review under this subsection and the appropriate remedial action,
as authorized by this chapter.
(b) A person dissatisfied with the department's informal
resolution of a claim under procedures adopted under Subsection (a)
may appeal the department's decision to the commissioner.
(c) A decision issued by the commissioner on a claim
appealed under Subsection (b) is the final administrative action of
the department and is subject to judicial review under Chapter
2001, Government Code.
(d) This section does not constitute a waiver of the state's
immunity from liability.
Sec. 80.012. CONTRACTING. (a) For a purchase of goods and
services under this chapter, the corporation may purchase goods and
services that provide the best value for the corporation.
(b) In determining the best value for the corporation, the
purchase price and whether the goods or services meet
specifications are the most important considerations. However, the
corporation may consider other relevant factors, including:
(1) the quality and reliability of the goods and
services;
(2) the delivery terms;
(3) indicators of probable vendor performance under
the contract, including:
(A) past vendor performance;
(B) the vendor's financial resources and ability
to perform;
(C) the vendor's experience or demonstrated
capability and responsibility; and
(D) the vendor's ability to provide reliable
maintenance agreements and support;
(4) the cost of any employee training associated with
a purchase; and
(5) other factors relevant to determining the best
value for the corporation in the context of a particular purchase.
Sec. 80.013. BOARD MEMBER COMPENSATION. Board members
serve without compensation but are entitled to reimbursement for
reasonable and necessary expenses incurred in the discharge of
their duties.
Sec. 80.014. DISCONTINUATION OF PROGRAM AND CORPORATION AND
DISPOSITION OF FUNDS ON DISCONTINUANCE. (a) On the determination
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
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.
(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
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.
(h) The commissioner shall conduct the referendum before
the 90th day after the date the petition was filed, except that a
referendum may not be held before the second anniversary of any
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 80.016(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.
Sec. 80.015. 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 80.016.
(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. 80.016. 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. 80.017. 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. 80.018. EXEMPTION FROM ASSESSMENT PENALTIES. (a) The
commissioner by rule shall adopt criteria to exempt from payment of
an assessment penalty under Section 80.017 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. 80.019. 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. 80.020. 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. 80.021. 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. 80.022. 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. 80.023. 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. 80.024. 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. 80.025. 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. 80.026. 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. 80.027. 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. 80.028. 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 80.014.
(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. 80.029. 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. 80.030. EXEMPTION TAXATION. All payments,
contributions, funds, and assessments received or held by the
corporation under this chapter are exempt from state or local
taxation, levies, sales, and any other process and are
unassignable.
Sec. 80.031. 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. 80.032. VENUE. Venue for an action arising out of this
chapter in which the corporation is a party is in Travis County.
SECTION 2. This Act takes effect September 1, 2009.