Texas 2013 - 83rd Regular

Texas Senate Bill SB1427 Compare Versions

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1	1	By: Hinojosa, et al. S.B. No. 1427
2	2	(King of Zavala)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of the citrus budwood certification
8	8	program and the creation of the citrus nursery stock certification
9	9	program; providing civil, criminal, and administrative penalties
10	10	and authorizing fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Chapter 19, Agriculture Code, is
13	13	amended to read as follows:
14	14	CHAPTER 19. CITRUS BUDWOOD AND CITRUS NURSERY STOCK CERTIFICATION
15	15	PROGRAMS [PROGRAM]
16	16	SECTION 2. Section 19.001, Agriculture Code, is amended to
17	17	read as follows:
18	18	Sec. 19.001. PURPOSE. The purpose of this chapter is to:
19	19	(1) establish a certified citrus budwood program to
20	20	produce citrus trees that are horticulturally sound, are free from
21	21	virus and other recognizable bud-transmissible diseases, and are of
22	22	an assured type of citrus variety;
23	23	(2) establish a certified citrus nursery program for
24	24	citrus nursery stock sold in the citrus zone as part of an effort to
25	25	produce citrus trees that are free from pathogens, including citrus
26	26	greening disease, which is spread by the Asian citrus psyllid;
27	27	(3) provide standards for foundation groves,
28	28	certified citrus nurseries, and certified citrus nursery trees; and
29	29	(4) [(3)] provide for an advisory council to make
30	30	recommendations on the implementation of the programs [program].
31	31	SECTION 3. Section 19.002, Agriculture Code, is amended by
32	32	adding Subdivisions (1-a), (2-a), (2-b), and (5-a) and amending
33	33	Subdivisions (4) and (5) to read as follows:
34	34	(1-a) "Asian citrus psyllid" has the meaning assigned
35	35	by Section 80.003.
36	36	(2-a) "Certified citrus nursery" means a nursery that
37	37	meets standards required by the department for production of citrus
38	38	nursery stock free from pests of citrus.
39	39	(2-b) "Certified citrus nursery stock" means citrus
40	40	nursery stock propagated from cuttings or by budding, grafting, or
41	41	air-layering and grown from certified citrus budwood that meets
42	42	standards required by the department for assurance of type of
43	43	citrus variety and for freedom from dangerous pathogens.
44	44	(4) "Citrus grower" means a citrus producer growing
45	45	and producing citrus nursery stock for commercial or retail
46	46	marketing purposes.
47	47	(5) "Citrus nursery" means a producer of citrus
48	48	trees[,] propagated through the budding or grafting of citrus trees
49	49	using certified citrus budwood.
50	50	(5-a) "Citrus nursery stock" means citrus plants to be
51	51	used in a commercial or noncommercial setting.
52	52	SECTION 4. Section 19.003, Agriculture Code, is amended to
53	53	read as follows:
54	54	Sec. 19.003. SCOPE. Except as otherwise provided by this
55	55	chapter, this [This] chapter applies to all citrus nurseries and
56	56	citrus growers.
57	57	SECTION 5. Chapter 19, Agriculture Code, is amended by
58	58	adding Sections 19.0031 and 19.0041 to read as follows:
59	59	Sec. 19.0031. CITRUS ZONE. The following counties are
60	60	designated as the citrus zone of this state for the purpose of this
61	61	chapter: Brooks, Cameron, Hidalgo, Jim Hogg, Kenedy, Starr,
62	62	Willacy, and Zapata.
63	63	Sec. 19.0041. CITRUS NURSERY STOCK CERTIFICATION PROGRAM.
64	64	(a) The citrus nursery stock certification program is
65	65	established. The department administers the program.
66	66	(b) The department shall accomplish the purposes of the
67	67	program through the certification of nurseries growing or selling
68	68	citrus nursery stock in the citrus zone.
69	69	(c) All citrus nursery stock grown in or sold in the citrus
70	70	zone must be grown in a certified citrus nursery.
71	71	(d) The department, in consultation with the advisory
72	72	council, shall set standards for certified citrus nurseries and
73	73	citrus nursery stock certification, and shall inspect citrus
74	74	nurseries and the records of citrus nurseries to ensure that citrus
75	75	nurseries comply with the provisions of the citrus nursery stock
76	76	certification program.
77	77	(e) The department shall provide for an annual renewal of a
78	78	certificate for a certified citrus nursery, including the
79	79	imposition of applicable fees. The department shall renew the
80	80	certificate if the nursery maintains the standards set by the
81	81	department under Subsection (d).
82	82	SECTION 6. Section 19.006, Agriculture Code, is amended to
83	83	read as follows:
84	84	Sec. 19.006. RULES. The department, with the advice of the
85	85	advisory council, shall adopt standards and rules:
86	86	(1) necessary to administer the citrus budwood
87	87	certification program and the citrus nursery certification
88	88	program; [and]
89	89	(2) to regulate the sale of citrus budwood and citrus
90	90	nursery trees as supplies of certified citrus budwood and certified
91	91	citrus nursery trees become available; and
92	92	(3) requiring citrus nursery stock sold in the citrus
93	93	zone to be propagated:
94	94	(A) using certified citrus budwood; and
95	95	(B) in an enclosed structure that:
96	96	(i) is built to specifications as
97	97	determined by department rule; and
98	98	(ii) has a top and sides that are built to
99	99	exclude insects that may transmit citrus pathogens.
100	100	SECTION 7. Sections 19.007, 19.008, 19.009, 19.010, and
101	101	19.011, Agriculture Code, are amended to read as follows:
102	102	Sec. 19.007. CERTIFICATION STANDARDS. (a) The department
103	103	shall establish:
104	104	(1) the certification standards for genetic purity for
105	105	varieties of citrus budwood by type;
106	106	(2) procedures that must be followed to prevent the
107	107	introduction of dangerous citrus pathogens into budwood stock from
108	108	and in foundation groves;
109	109	(3) procedures for certification of citrus budwood
110	110	grown in foundation groves; and
111	111	(4) procedures for certification of citrus nurseries
112	112	and citrus nursery trees.
113	113	(b) The department shall establish standards and procedures
114	114	for:
115	115	(1) inspecting and testing for diseases, using current
116	116	technologies in disease diagnosis, and for desirable horticultural
117	117	characteristics of citrus budwood grown in designated foundation
118	118	groves;
119	119	(2) certifying citrus budwood and citrus nurseries
120	120	meeting requirements established under this chapter;
121	121	(3) maintaining a source of citrus budwood of superior
122	122	tested varieties for distribution to the citrus industry;
123	123	(4) verifying propagation of citrus varieties and
124	124	special rootstocks for growers on request, including an inspection
125	125	of the citrus nursery's books and records; [and]
126	126	(5) maintaining appropriate records required for
127	127	participation in the citrus budwood certification and citrus
128	128	nursery stock certification programs;
129	129	(6) inspecting citrus nurseries to ensure that the
130	130	structures in which citrus nursery stock is propagated meet
131	131	standards set by the department, including standards for:
132	132	(A) size;
133	133	(B) construction;
134	134	(C) insect resistance;
135	135	(D) citrus nursery sanitation;
136	136	(E) movement of the citrus nursery stock from one
137	137	structure to another at the nursery;
138	138	(F) proximity to nearby citrus groves; and
139	139	(G) other standards for the operation of a
140	140	certified nursery as may be required by the department; and
141	141	(7) requiring each citrus nursery to submit source
142	142	tree bud cutting reports to the department not later than the 30th
143	143	day after citrus trees are budded [program].
144	144	Sec. 19.008. APPLYING FOR FOUNDATION GROVE DESIGNATION,
145	145	[AND] BUDWOOD CERTIFICATION, AND CITRUS NURSERY CERTIFICATION.
146	146	(a) A person who desires to operate a foundation grove and produce
147	147	certified citrus budwood for sale to the citrus industry must
148	148	[shall] apply for foundation grove designation and citrus budwood
149	149	certification in accordance with rules adopted by the department.
150	150	(b) A person who desires to operate a citrus nursery to
151	151	propagate citrus nursery stock for sale in the citrus zone must
152	152	apply for citrus nursery certification in accordance with rules
153	153	adopted by the department.
154	154	Sec. 19.009. REVOCATION. The department shall establish
155	155	rules regarding the revocation of foundation grove designation,
156	156	[and] citrus budwood certification, and citrus nursery
157	157	certification.
158	158	Sec. 19.010. PROGRAM COST; FEES; ACCOUNT. (a) The
159	159	department shall set and collect fees from persons applying for
160	160	foundation grove designation, [or] citrus budwood certification,
161	161	or citrus nursery certification. The department shall set the fees
162	162	in an amount that recovers the department's costs in administering
163	163	and enforcing the citrus budwood certification program and the
164	164	citrus nursery certification program. The department may also
165	165	accept funds from the citrus industry or other interested persons
166	166	to cover the costs of administering the programs [program].
167	167	(b) All fees and funds collected or contributed under this
168	168	section shall be deposited to the credit of an account in the
169	169	general revenue fund. Money in the account may be appropriated only
170	170	to the department for the purpose of administering and enforcing
171	171	this chapter.
172	172	Sec. 19.011. STOP-SALE ORDER. (a) If a person offers
173	173	citrus budwood or a citrus nursery tree for sale falsely claiming
174	174	that it is certified, [or] that it comes from a designated
175	175	foundation grove, or that it comes from a certified citrus nursery,
176	176	or offers citrus budwood, [or] a citrus nursery tree, or citrus
177	177	nursery stock for sale in violation of rules adopted under this
178	178	chapter, the department may issue a written order to stop the sale
179	179	of that citrus budwood, [or] citrus nursery tree, or citrus nursery
180	180	stock. A person may not sell citrus budwood, [or] a citrus nursery
181	181	tree, or citrus nursery stock that is subject to a stop-sale order
182	182	under this section until:
183	183	(1) the sale is permitted by a court under Subsection
184	184	(b); or
185	185	(2) the department determines that the sale of the
186	186	citrus budwood, [or] citrus nursery tree, or citrus nursery stock
187	187	is in compliance with this chapter and rules adopted under this
188	188	chapter.
189	189	(a-1) The department may issue a written order to stop the
190	190	sale of citrus nursery stock from a citrus nursery or to stop the
191	191	operation of all or part of a citrus nursery if a person propagates
192	192	citrus nursery stock in a citrus nursery for sale in the citrus zone
193	193	and:
194	194	(1) the person falsely claims that the citrus nursery
195	195	is certified; or
196	196	(2) if the citrus nursery is certified, the person
197	197	fails to comply with the rules adopted under this chapter.
198	198	(a-2) A person may not sell citrus nursery stock out of a
199	199	citrus nursery, or operate a citrus nursery or a part of a citrus
200	200	nursery, that is subject to a stop-sale order under this section
201	201	until:
202	202	(1) the sale is permitted by a court under Subsection
203	203	(b); or
204	204	(2) the department determines that the citrus nursery
205	205	is in compliance with this chapter and rules adopted under this
206	206	chapter.
207	207	(b) The person named in the order may bring suit in a court
208	208	in the county where the citrus budwood, [or] citrus nursery tree, or
209	209	citrus nursery subject to the stop-sale order is located. After a
210	210	hearing, the court may, as applicable, permit the citrus budwood or
211	211	citrus nursery tree to be sold, or permit the citrus nursery to
212	212	continue operations, if the court finds, as applicable, the citrus
213	213	budwood or citrus nursery tree is not being offered for sale or that
214	214	the citrus nursery is not operating in violation of this chapter.
215	215	(c) This section does not limit the department's right to
216	216	act under another section of this chapter.
217	217	(d) The department shall inspect each citrus nursery in the
218	218	citrus zone not less than once every two months in order to enforce
219	219	this section.
220	220	SECTION 8. Subsection (a), Section 19.012, Agriculture
221	221	Code, is amended to read as follows:
222	222	(a) A person commits an offense if the person:
223	223	(1) sells or offers to sell citrus budwood, [or] a
224	224	citrus nursery tree, or citrus nursery stock falsely claiming that
225	225	it is certified or that it comes from a designated foundation grove
226	226	or a certified citrus nursery;
227	227	(2) uses, for commercial purposes, citrus budwood that
228	228	is required by department rule to be certified and is not certified
229	229	or does not come from a designated foundation grove; [or]
230	230	(3) sells or offers to sell in the citrus zone citrus
231	231	nursery stock that has not been propagated in a certified citrus
232	232	nursery;
233	233	(4) operates, in the citrus zone for the propagation
234	234	of citrus nursery stock, a citrus nursery that is not a certified
235	235	citrus nursery or that is not in compliance with this chapter or a
236	236	rule adopted under this chapter;
237	237	(5) operates, outside of the citrus zone for the
238	238	propagation of citrus nursery stock for sale in the citrus zone, a
239	239	citrus nursery that is not a certified citrus nursery or that is not
240	240	in compliance with this chapter or a rule adopted under this
241	241	chapter; or
242	242	(6) fails to comply with an order of the department
243	243	issued under this chapter.
244	244	SECTION 9. Subsections (a) and (c), Section 19.013,
245	245	Agriculture Code, are amended to read as follows:
246	246	(a) A person who violates this chapter, a rule adopted under
247	247	this chapter, or an order adopted under this chapter is liable to
248	248	the state for a civil penalty not to exceed $500 for each violation.
249	249	Each day a violation continues is a separate violation for purposes
250	250	of civil penalty assessment.
251	251	(c) A civil penalty collected under this section in a suit
252	252	filed by the attorney general shall be deposited to the credit of an
253	253	account in the general revenue fund. A civil penalty collected
254	254	under this section in a suit filed by a county or district attorney
255	255	shall be divided between the state and the county in which the
256	256	county or district attorney brought suit, with 50 percent of the
257	257	amount collected paid to the state for deposit to the credit of an
258	258	account in the general revenue fund and 50 percent of the amount
259	259	collected paid to the county. Funds credited to the account in the
260	260	general revenue fund may be appropriated only to the department for
261	261	purposes of administering and enforcing this chapter and rules
262	262	adopted under this chapter.
263	263	SECTION 10. Section 19.014, Agriculture Code, is amended to
264	264	read as follows:
265	265	Sec. 19.014. ADMINISTRATIVE PENALTIES. The department may
266	266	assess an administrative penalty under Chapter 12 for a violation
267	267	of this chapter if the department finds that a person:
268	268	(1) sells or offers to sell citrus budwood, [or] a
269	269	citrus nursery tree, or citrus nursery stock falsely claiming that
270	270	it is certified or that it comes from a designated foundation grove
271	271	or a certified citrus nursery under this chapter;
272	272	(2) uses citrus budwood in violation of rules adopted
273	273	under this chapter;
274	274	(3) uses, for commercial purposes, citrus budwood that
275	275	is required by department rule to be certified and is not certified
276	276	or does not come from a designated foundation grove; [or]
277	277	(4) sells or offers to sell citrus nursery stock in the
278	278	citrus zone falsely claiming that the citrus nursery stock was
279	279	propagated in a certified citrus nursery;
280	280	(5) operates, in the citrus zone for the propagation
281	281	of citrus nursery stock, a citrus nursery that is not a certified
282	282	citrus nursery or that is not in compliance with this chapter or a
283	283	rule adopted under this chapter;
284	284	(6) operates, outside of the citrus zone for the
285	285	propagation of citrus nursery stock for sale in the citrus zone, a
286	286	citrus nursery that is not a certified citrus nursery or that is not
287	287	in compliance with this chapter or a rule adopted under this
288	288	chapter; or
289	289	(7) fails to comply with an order of the department
290	290	issued under this chapter.
291	291	SECTION 11. Not later than October 1, 2013, the Department
292	292	of Agriculture shall adopt rules to administer Chapter 19,
293	293	Agriculture Code, as amended by this Act.
294	294	SECTION 12. The changes in law made by this Act apply only
295	295	to an offense committed on or after the effective date of this Act.
296	296	An offense committed before the effective date of this Act is
297	297	covered by the law in effect when the offense was committed, and the
298	298	former law is continued in effect for that purpose. For purposes of
299	299	this section, an offense was committed before the effective date of
300	300	this Act if any element of the offense was committed before that
301	301	date.
302	302	SECTION 13. The changes in law made by this Act apply only
303	303	to a violation committed on or after the effective date of this Act.
304	304	A violation committed before the effective date of this Act is
305	305	covered by the law in effect when the violation was committed, and
306	306	the former law is continued in effect for that purpose.
307	307	SECTION 14. This Act takes effect September 1, 2013.