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Texas House Bill HB2995

Texas 2013 - 83rd Regular

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11 83R23616 AED-D
22 By: King of Zavala, Martinez H.B. No. 2995
33 Substitute the following for H.B. No. 2995:
44 By: Kacal C.S.H.B. No. 2995
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the administration of the citrus budwood certification
1010 program and the creation of the citrus nursery stock certification
1111 program; providing civil, criminal, and administrative penalties
1212 and authorizing fees.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. The heading to Chapter 19, Agriculture Code, is
1515 amended to read as follows:
1616 CHAPTER 19. CITRUS BUDWOOD AND CITRUS NURSERY STOCK CERTIFICATION
1717 PROGRAMS [PROGRAM]
1818 SECTION 2. Section 19.001, Agriculture Code, is amended to
1919 read as follows:
2020 Sec. 19.001. PURPOSE. The purpose of this chapter is to:
2121 (1) establish a certified citrus budwood program to
2222 produce citrus trees that are horticulturally sound, are free from
2323 virus and other recognizable bud-transmissible diseases, and are of
2424 an assured type of citrus variety;
2525 (2) establish a certified citrus nursery program for
2626 citrus nursery stock sold in or into the citrus zone as part of an
2727 effort to produce citrus trees that are free from pathogens,
2828 including citrus greening disease, which is spread by the Asian
2929 citrus psyllid;
3030 (3) provide standards for foundation groves,
3131 certified citrus nurseries, and certified citrus nursery trees; and
3232 (4) [(3)] provide for an advisory council to make
3333 recommendations on the implementation of the programs [program].
3434 SECTION 3. Section 19.002, Agriculture Code, is amended by
3535 adding Subdivisions (1-a), (2-a), (2-b), and (5-a) and amending
3636 Subdivisions (4) and (5) to read as follows:
3737 (1-a) "Asian citrus psyllid" has the meaning assigned
3838 by Section 80.003.
3939 (2-a) "Certified citrus nursery" means a nursery that
4040 meets standards required by the department for production of citrus
4141 nursery stock free from pests of citrus.
4242 (2-b) "Certified citrus nursery stock" means citrus
4343 nursery stock propagated from cuttings or by budding, grafting, or
4444 air-layering and grown from certified citrus budwood that meets
4545 standards required by the department for assurance of type of
4646 citrus variety and for freedom from dangerous pathogens.
4747 (4) "Citrus grower" means a citrus producer growing
4848 and producing citrus nursery stock for commercial or retail
4949 marketing purposes.
5050 (5) "Citrus nursery" means a producer of citrus
5151 trees[,] propagated through the budding or grafting of citrus trees
5252 using certified citrus budwood.
5353 (5-a) "Citrus nursery stock" means citrus plants to be
5454 used in a commercial or noncommercial setting.
5555 SECTION 4. Section 19.003, Agriculture Code, is amended to
5656 read as follows:
5757 Sec. 19.003. SCOPE. Except as otherwise provided by this
5858 chapter, this [This] chapter applies to all citrus nurseries and
5959 citrus growers.
6060 SECTION 5. Chapter 19, Agriculture Code, is amended by
6161 adding Sections 19.0031 and 19.0041 to read as follows:
6262 Sec. 19.0031. CITRUS ZONE. The following counties are
6363 designated as the citrus zone of this state for the purpose of this
6464 chapter: Brooks, Cameron, Hidalgo, Jim Hogg, Kenedy, Starr,
6565 Willacy, and Zapata.
6666 Sec. 19.0041. CITRUS NURSERY STOCK CERTIFICATION PROGRAM.
6767 (a) The citrus nursery stock certification program is established.
6868 The department administers the program.
6969 (b) The department shall accomplish the purposes of the
7070 program through the certification of nurseries growing or selling
7171 citrus nursery stock in the citrus zone.
7272 (c) All citrus nursery stock grown in or sold in or into the
7373 citrus zone must be grown in a certified citrus nursery.
7474 (d) The department, in consultation with the advisory
7575 council, shall set standards for certified citrus nurseries and
7676 citrus nursery stock certification, and shall inspect citrus
7777 nurseries and the records of citrus nurseries to ensure that citrus
7878 nurseries comply with the provisions of the citrus nursery stock
7979 certification program.
8080 (e) The department shall provide for an annual renewal of a
8181 certificate for a certified citrus nursery, including the
8282 imposition of applicable fees. The department shall renew the
8383 certificate if the nursery maintains the standards set by the
8484 department under Subsection (d).
8585 SECTION 6. Section 19.006, Agriculture Code, is amended to
8686 read as follows:
8787 Sec. 19.006. RULES. The department, with the advice of the
8888 advisory council, shall adopt standards and rules:
8989 (1) necessary to administer the citrus budwood
9090 certification program and the citrus nursery certification
9191 program; [and]
9292 (2) to regulate the sale of citrus budwood and citrus
9393 nursery trees as supplies of certified citrus budwood and certified
9494 citrus nursery trees become available; and
9595 (3) requiring citrus nursery stock sold into the
9696 citrus zone to be propagated:
9797 (A) using certified citrus budwood; and
9898 (B) in an enclosed structure that:
9999 (i) is built to specifications as
100100 determined by department rule; and
101101 (ii) has a top and sides that are built to
102102 exclude insects that may transmit citrus pathogens.
103103 SECTION 7. Sections 19.007, 19.008, 19.009, 19.010, and
104104 19.011, Agriculture Code, are amended to read as follows:
105105 Sec. 19.007. CERTIFICATION STANDARDS. (a) The department
106106 shall establish:
107107 (1) the certification standards for genetic purity for
108108 varieties of citrus budwood by type;
109109 (2) procedures that must be followed to prevent the
110110 introduction of dangerous citrus pathogens into budwood stock from
111111 and in foundation groves;
112112 (3) procedures for certification of citrus budwood
113113 grown in foundation groves; and
114114 (4) procedures for certification of citrus nurseries
115115 and citrus nursery trees.
116116 (b) The department shall establish standards and procedures
117117 for:
118118 (1) inspecting and testing for diseases, using current
119119 technologies in disease diagnosis, and for desirable horticultural
120120 characteristics of citrus budwood grown in designated foundation
121121 groves;
122122 (2) certifying citrus budwood and citrus nurseries
123123 meeting requirements established under this chapter;
124124 (3) maintaining a source of citrus budwood of superior
125125 tested varieties for distribution to the citrus industry;
126126 (4) verifying propagation of citrus varieties and
127127 special rootstocks for growers on request, including an inspection
128128 of the citrus nursery's books and records; [and]
129129 (5) maintaining appropriate records required for
130130 participation in the citrus budwood certification and citrus
131131 nursery stock certification programs;
132132 (6) inspecting citrus nurseries to ensure that the
133133 structures in which citrus nursery stock is propagated meet
134134 standards set by the department, including standards for:
135135 (A) size;
136136 (B) construction;
137137 (C) insect resistance;
138138 (D) citrus nursery sanitation;
139139 (E) movement of the citrus nursery stock from one
140140 structure to another at the nursery;
141141 (F) proximity to nearby citrus groves; and
142142 (G) other standards for the operation of a
143143 certified nursery as may be required by the department; and
144144 (7) requiring each citrus nursery to submit source
145145 tree bud cutting reports to the department not later than the 30th
146146 day after citrus trees are budded [program].
147147 Sec. 19.008. APPLYING FOR FOUNDATION GROVE DESIGNATION,
148148 [AND] BUDWOOD CERTIFICATION, AND CITRUS NURSERY CERTIFICATION. (a)
149149 A person who desires to operate a foundation grove and produce
150150 certified citrus budwood for sale to the citrus industry must
151151 [shall] apply for foundation grove designation and citrus budwood
152152 certification in accordance with rules adopted by the department.
153153 (b) A person who desires to operate a citrus nursery to
154154 propagate citrus nursery stock for sale in or into the citrus zone
155155 must apply for citrus nursery certification in accordance with
156156 rules adopted by the department.
157157 Sec. 19.009. REVOCATION. The department shall establish
158158 rules regarding the revocation of foundation grove designation,
159159 [and] citrus budwood certification, and citrus nursery
160160 certification.
161161 Sec. 19.010. PROGRAM COST; FEES; ACCOUNT. (a) The
162162 department shall set and collect fees from persons applying for
163163 foundation grove designation, [or] citrus budwood certification,
164164 or citrus nursery certification. The department shall set the fees
165165 in an amount that recovers the department's costs in administering
166166 and enforcing the citrus budwood certification program and the
167167 citrus nursery certification program. The department may also
168168 accept funds from the citrus industry or other interested persons
169169 to cover the costs of administering the programs [program].
170170 (b) All fees and funds collected or contributed under this
171171 section shall be deposited to the credit of an account in the
172172 general revenue fund. Money in the account may be appropriated only
173173 to the department for the purpose of administering and enforcing
174174 this chapter.
175175 Sec. 19.011. STOP-SALE ORDER. (a) If a person offers
176176 citrus budwood or a citrus nursery tree for sale falsely claiming
177177 that it is certified, [or] that it comes from a designated
178178 foundation grove, or that it comes from a certified citrus nursery,
179179 or offers citrus budwood, [or] a citrus nursery tree, or citrus
180180 nursery stock for sale in violation of rules adopted under this
181181 chapter, the department may issue a written order to stop the sale
182182 of that citrus budwood, [or] citrus nursery tree, or citrus nursery
183183 stock. A person may not sell citrus budwood, [or] a citrus nursery
184184 tree, or citrus nursery stock that is subject to a stop-sale order
185185 under this section until:
186186 (1) the sale is permitted by a court under Subsection
187187 (b); or
188188 (2) the department determines that the sale of the
189189 citrus budwood, [or] citrus nursery tree, or citrus nursery stock
190190 is in compliance with this chapter and rules adopted under this
191191 chapter.
192192 (a-1) The department may issue a written order to stop the
193193 sale of citrus nursery stock from a citrus nursery or to stop the
194194 operation of all or part of a citrus nursery if a person propagates
195195 citrus nursery stock in a citrus nursery for sale in or into the
196196 citrus zone and:
197197 (1) the person falsely claims that the citrus nursery
198198 is certified; or
199199 (2) if the citrus nursery is certified, the person
200200 fails to comply with the rules adopted under this chapter.
201201 (a-2) A person may not sell citrus nursery stock out of a
202202 citrus nursery, or operate a citrus nursery or a part of a citrus
203203 nursery, that is subject to a stop-sale order under this section
204204 until:
205205 (1) the sale is permitted by a court under Subsection
206206 (b); or
207207 (2) the department determines that the citrus nursery
208208 is in compliance with this chapter and rules adopted under this
209209 chapter.
210210 (b) The person named in the order may bring suit in a court
211211 in the county where the citrus budwood, [or] citrus nursery tree, or
212212 citrus nursery subject to the stop-sale order is located. After a
213213 hearing, the court may, as applicable, permit the citrus budwood or
214214 citrus nursery tree to be sold, or permit the citrus nursery to
215215 continue operations, if the court finds, as applicable, the citrus
216216 budwood or citrus nursery tree is not being offered for sale or that
217217 the citrus nursery is not operating in violation of this chapter.
218218 (c) This section does not limit the department's right to
219219 act under another section of this chapter.
220220 (d) The department shall inspect each citrus nursery in the
221221 citrus zone not less than once every two months in order to enforce
222222 this section.
223223 SECTION 8. Section 19.012(a), Agriculture Code, is amended
224224 to read as follows:
225225 (a) A person commits an offense if the person:
226226 (1) sells or offers to sell citrus budwood, [or] a
227227 citrus nursery tree, or citrus nursery stock falsely claiming that
228228 it is certified or that it comes from a designated foundation grove
229229 or a certified citrus nursery;
230230 (2) uses, for commercial purposes, citrus budwood that
231231 is required by department rule to be certified and is not certified
232232 or does not come from a designated foundation grove; [or]
233233 (3) sells or offers to sell in or into the citrus zone
234234 citrus nursery stock that has not been propagated in a certified
235235 citrus nursery;
236236 (4) operates, in the citrus zone for the propagation
237237 of citrus nursery stock, a citrus nursery that is not a certified
238238 citrus nursery or that is not in compliance with this chapter or a
239239 rule adopted under this chapter;
240240 (5) operates, outside of the citrus zone for the
241241 propagation of citrus nursery stock for sale into the citrus zone, a
242242 citrus nursery that is not a certified citrus nursery or that is not
243243 in compliance with this chapter or a rule adopted under this
244244 chapter; or
245245 (6) fails to comply with an order of the department
246246 issued under this chapter.
247247 SECTION 9. Sections 19.013(a) and (c), Agriculture Code,
248248 are amended to read as follows:
249249 (a) A person who violates this chapter, a rule adopted under
250250 this chapter, or an order adopted under this chapter is liable to
251251 the state for a civil penalty not to exceed $500 for each violation.
252252 Each day a violation continues is a separate violation for purposes
253253 of civil penalty assessment.
254254 (c) A civil penalty collected under this section in a suit
255255 filed by the attorney general shall be deposited to the credit of an
256256 account in the general revenue fund. A civil penalty collected
257257 under this section in a suit filed by a county or district attorney
258258 shall be divided between the state and the county in which the
259259 county or district attorney brought suit, with 50 percent of the
260260 amount collected paid to the state for deposit to the credit of an
261261 account in the general revenue fund and 50 percent of the amount
262262 collected paid to the county. Funds credited to the account in the
263263 general revenue fund may be appropriated only to the department for
264264 purposes of administering and enforcing this chapter and rules
265265 adopted under this chapter.
266266 SECTION 10. Section 19.014, Agriculture Code, is amended to
267267 read as follows:
268268 Sec. 19.014. ADMINISTRATIVE PENALTIES. The department may
269269 assess an administrative penalty under Chapter 12 for a violation
270270 of this chapter if the department finds that a person:
271271 (1) sells or offers to sell citrus budwood, [or] a
272272 citrus nursery tree, or citrus nursery stock falsely claiming that
273273 it is certified or that it comes from a designated foundation grove
274274 or a certified citrus nursery under this chapter;
275275 (2) uses citrus budwood in violation of rules adopted
276276 under this chapter;
277277 (3) uses, for commercial purposes, citrus budwood that
278278 is required by department rule to be certified and is not certified
279279 or does not come from a designated foundation grove; [or]
280280 (4) sells or offers to sell citrus nursery stock in or
281281 into the citrus zone falsely claiming that the citrus nursery stock
282282 was propagated in a certified citrus nursery;
283283 (5) operates, in the citrus zone for the propagation
284284 of citrus nursery stock, a citrus nursery that is not a certified
285285 citrus nursery or that is not in compliance with this chapter or a
286286 rule adopted under this chapter;
287287 (6) operates, outside of the citrus zone for the
288288 propagation of citrus nursery stock for sale into the citrus zone,
289289 a citrus nursery that is not a certified citrus nursery or that is
290290 not in compliance with this chapter or a rule adopted under this
291291 chapter; or
292292 (7) fails to comply with an order of the department
293293 issued under this chapter.
294294 SECTION 11. Not later than October 1, 2013, the Department
295295 of Agriculture shall adopt rules to administer Chapter 19,
296296 Agriculture Code, as amended by this Act.
297297 SECTION 12. The changes in law made by this Act apply only
298298 to an offense committed on or after the effective date of this Act.
299299 An offense committed before the effective date of this Act is
300300 covered by the law in effect when the offense was committed, and the
301301 former law is continued in effect for that purpose. For purposes of
302302 this section, an offense was committed before the effective date of
303303 this Act if any element of the offense was committed before that
304304 date.
305305 SECTION 13. The changes in law made by this Act apply only
306306 to a violation committed on or after the effective date of this Act.
307307 A violation committed before the effective date of this Act is
308308 covered by the law in effect when the violation was committed, and
309309 the former law is continued in effect for that purpose.
310310 SECTION 14. This Act takes effect September 1, 2013.