Texas 2015 - 84th Regular

Texas House Bill HB2495 Compare Versions

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Version 2 (New)

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1	1	84R20014 BEF-D
2	2	By: Martinez H.B. No. 2495
3	3	Substitute the following for H.B. No. 2495:
4	4	By: Rinaldi C.S.H.B. No. 2495
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to citrus pest and disease management; amending provisions
10	10	subject to a criminal penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 80.001(a) and (b), Agriculture Code,
13	13	are amended to read as follows:
14	14	(a) The legislature finds that:
15	15	(1) citrus pests and diseases, including the insect
16	16	known as the Asian citrus psyllid and the disease known as citrus
17	17	greening, are public nuisances and menaces to the citrus industry,
18	18	and their control and suppression is a public necessity;
19	19	(2) because of the natural migration patterns of
20	20	citrus pests and the contagious nature of citrus diseases [the
21	21	Asian citrus psyllid], the control and suppression of the nuisance
22	22	can best be accomplished by dividing the commercial citrus-growing
23	23	areas into separate zones so that integrated pest management
24	24	programs may be developed for each zone;
25	25	(3) there is a need for a quasi-governmental entity
26	26	acting under the supervision and control of the commissioner whose
27	27	members are actual citrus producers who would be represented on the
28	28	board of the entity by directors elected by them to manage control
29	29	and suppression programs and to furnish expertise in the field of
30	30	disease and insect control and suppression, because such an entity
31	31	would enhance the interest and participation of citrus producers in
32	32	the program;
33	33	(4) citrus producers, in partnership with the state
34	34	and federal governments, have made significant investments toward
35	35	the suppression of these pests and disease in this state; and
36	36	(5) it is essential to the well-being of the citrus
37	37	industry and the agricultural economy of this state that the
38	38	investments of the citrus producers and the state and federal
39	39	governments be protected.
40	40	(b) It is the intent of the legislature that the program of
41	41	control and suppression of citrus pests and diseases [the Asian
42	42	citrus psyllid] be carried out with the best available integrated
43	43	pest management techniques.
44	44	SECTION 2. Section 80.002, Agriculture Code, is amended to
45	45	read as follows:
46	46	Sec. 80.002. DESIGNATION OF ENTITY TO CARRY OUT CITRUS PEST
47	47	AND DISEASE [ASIAN CITRUS PSYLLID AND CITRUS GREENING] CONTROL AND
48	48	SUPPRESSION. (a) The Texas Citrus Pest and Disease Management
49	49	Corporation, Inc., a Texas nonprofit corporation, shall be
50	50	recognized by the department as the entity to plan, carry out, and
51	51	operate suppression programs to manage and control pests and
52	52	diseases, including the Asian citrus psyllid and citrus greening,
53	53	in citrus plants in the state under the supervision of the
54	54	department as provided by this chapter.
55	55	(b) The commissioner may terminate the corporation's
56	56	designation as the entity recognized to carry out citrus pest and
57	57	disease [Asian citrus psyllid] control and management by giving 45
58	58	days' written notice to the corporation and by designating a
59	59	successor entity. If the commissioner designates a successor to
60	60	the corporation, the successor has all the powers and duties of the
61	61	corporation under this chapter. Any successor to the corporation
62	62	shall assume and shall be responsible for all obligations and
63	63	liabilities relating to any notes, security agreements,
64	64	assignments, loan agreements, and any other contracts or other
65	65	documents entered into by the corporation with or for the benefit of
66	66	any financial institution or its predecessor, successor, or
67	67	assignee.
68	68	SECTION 3. Section 80.003, Agriculture Code, is amended by
69	69	amending Subdivisions (7), (10), (11), and (13) and adding
70	70	Subdivisions (14) and (15) to read as follows:
71	71	(7) "Suppression" means control of the numbers and
72	72	migration of a pest [the Asian citrus psyllid] to the extent that
73	73	the commissioner does not consider further management of the pest
74	74	[Asian citrus psyllid] necessary to prevent economic loss to citrus
75	75	producers.
76	76	(10) "Host" means a plant or plant product in which a
77	77	pest [the Asian citrus psyllid] is capable of completing any
78	78	portion of its life cycle.
79	79	(11) "Infested" means the presence of a pest [the
80	80	Asian citrus psyllid] in any life stage or the existence of
81	81	generally accepted [entomological] evidence from which it may be
82	82	concluded with reasonable certainty that a pest [the Asian citrus
83	83	psyllid] is present.
84	84	(13) "Regulated article" means an article carrying or
85	85	capable of carrying a pest [the Asian citrus psyllid], including
86	86	citrus plants, nursery plants, citrus rootstock, or other hosts.
87	87	(14) "Disease" means an impairment of the normal state
88	88	of citrus, caused by a virus or organism, that interrupts or
89	89	modifies the performance of vital functions in citrus. The term
90	90	includes citrus greening.
91	91	(15) "Pest" means a virus or organism that causes
92	92	disease or other damage to citrus and that is designated by
93	93	commissioner rule for suppression under this chapter. The term
94	94	includes the Asian citrus psyllid.
95	95	SECTION 4. Section 80.006(c), Agriculture Code, is amended
96	96	to read as follows:
97	97	(c) A proposed pest management zone referendum ballot must
98	98	include or be accompanied by information about the proposed pest
99	99	management zone, including:
100	100	(1) a statement of the purpose of the pest [Asian
101	101	citrus psyllid] suppression program;
102	102	(2) the geographic area included in the proposed pest
103	103	management zone;
104	104	(3) a general summary of rules adopted by the
105	105	commissioner under Sections 80.016, 80.020, and 80.022, including a
106	106	description of:
107	107	(A) citrus producer responsibilities; and
108	108	(B) penalties for noncompliance with rules
109	109	adopted under this chapter; and
110	110	(4) an address and toll-free telephone number that a
111	111	citrus producer may use to request more information about the
112	112	referendum or the pest [Asian citrus psyllid] suppression program.
113	113	SECTION 5. Section 80.008(b), Agriculture Code, is amended
114	114	to read as follows:
115	115	(b) In making appointments under this section, the
116	116	commissioner shall appoint the following board members, selected
117	117	from a variety of citrus-growing regions of the state, for
118	118	four-year terms:
119	119	(1) an agricultural lender;
120	120	(2) an independent entomologist who is an integrated
121	121	pest management specialist;
122	122	(3) a representative from an industry [two
123	123	representatives from industries] allied with citrus production;
124	124	[and]
125	125	(4) a representative from the pest control industry;
126	126	and
127	127	(5) a representative of the nursery or ornamental
128	128	citrus sales industry.
129	129	SECTION 6. Sections 80.014(a) and (b), Agriculture Code,
130	130	are amended to read as follows:
131	131	(a) On the determination by the corporation that the pest
132	132	[Asian citrus psyllid] suppression program has been completed in
133	133	all pest management zones established under this chapter, the
134	134	corporation shall provide notice of the completion to the
135	135	commissioner along with a request for discontinuance of the control
136	136	and suppression program and collection of the assessment. Any
137	137	request under this subsection must include documentation
138	138	supporting the fact that pests are [the Asian citrus psyllid is] no
139	139	longer a threat to the state's citrus industry and a plan for
140	140	discontinuance of the program and assessment.
141	141	(b) The commissioner shall determine whether or not the
142	142	further suppression of pests [the Asian citrus psyllid] is
143	143	necessary in the pest management zones and approve or disapprove
144	144	discontinuance of the corporation and the plan for dissolution.
145	145	SECTION 7. Section 80.015(a), Agriculture Code, is amended
146	146	to read as follows:
147	147	(a) The commissioner shall propose the assessment needed in
148	148	each pest management zone to ensure the stability of the citrus
149	149	industry by suppressing the public nuisance caused by pests [the
150	150	Asian citrus psyllid].
151	151	SECTION 8. Section 80.016(i), Agriculture Code, is amended
152	152	to read as follows:
153	153	(i) A public hearing regarding the proposed suppression
154	154	program, including information regarding regulations to be
155	155	promulgated by the commissioner, may be held by the commissioner in
156	156	each of several locations in each [Asian citrus psyllid] pest
157	157	management zone.
158	158	SECTION 9. Section 80.019, Agriculture Code, is amended to
159	159	read as follows:
160	160	Sec. 80.019. ENTRY OF PREMISES; SUPPRESSION ACTIVITIES;
161	161	INSPECTIONS. The department, the corporation, or a designated
162	162	representative of either entity may enter citrus groves or other
163	163	premises to carry out the purposes of this chapter, which include
164	164	the treatment and monitoring of growing citrus or other host
165	165	plants. The department, the corporation, or a designated
166	166	representative of either entity may inspect groves or premises in
167	167	this state for the purpose of determining whether the property is
168	168	infested with pests [the Asian citrus psyllid or citrus
169	169	greening]. An inspection must be conducted during reasonable
170	170	daylight hours. The department shall give notice by publication of
171	171	the planned schedule of dates for entry by the department, the
172	172	corporation, or a designated representative of either entity, to
173	173	the owner or occupant of the groves or premises to carry out the
174	174	purposes of this chapter, including treatment, monitoring, or
175	175	inspection functions. The department shall publish notice of the
176	176	planned schedule to enter the groves or premises in a newspaper of
177	177	general circulation in the pest management zone not less than once a
178	178	week for two weeks immediately before the scheduled dates of
179	179	entry. In addition to the notice published by the department, the
180	180	corporation shall post notice of the planned schedule to enter
181	181	groves or premises to carry out the purposes of this chapter at the
182	182	county courthouse of each county in the pest management zone not
183	183	later than the 15th day before the planned dates of entry.
184	184	SECTION 10. Section 80.020(b), Agriculture Code, is amended
185	185	to read as follows:
186	186	(b) The commissioner may adopt rules requiring all growers
187	187	of citrus in a pest management zone to participate in a pest [an
188	188	Asian citrus psyllid] suppression program and growers of commercial
189	189	citrus to participate in pest and disease management programs that
190	190	include cost sharing as required by the rules.
191	191	SECTION 11. Sections 80.022(a) and (b), Agriculture Code,
192	192	are amended to read as follows:
193	193	(a) The commissioner shall adopt rules to protect
194	194	individuals, livestock, wildlife, and honeybee colonies on any
195	195	premises in a pest management zone on which citrus plants are being
196	196	grown that have been or are being treated to control or suppress
197	197	pests [the Asian citrus psyllid and citrus greening].
198	198	(b) Rules adopted under this section shall establish the
199	199	criteria by which the corporation develops its procedures and
200	200	methods of treatment, which shall:
201	201	(1) establish a methodology for determining when pest
202	202	[Asian citrus psyllid] population levels have reached economic
203	203	significance or when disease [citrus greening] is present;
204	204	(2) establish an effective treatment regimen that
205	205	seeks to provide the least possible risk to workers, the public, and
206	206	the environment;
207	207	(3) minimize the effects of the use of pesticides on
208	208	long-term control methods, including but not limited to the effect
209	209	a particular pesticide may have on biological controls;
210	210	(4) establish methods for monitoring [Asian citrus
211	211	psyllids, citrus greening, and secondary] pests;
212	212	(5) establish methods for verifying pesticide use
213	213	reduction; and
214	214	(6) consider the acute and chronic toxicity of
215	215	particular pesticides and the quantity of particular pesticides
216	216	needed. Pest management zone treatment plans may take into account
217	217	the potential for the use of smaller quantities of more toxic
218	218	substances to result in fewer health and environmental risks than
219	219	larger quantities of less toxic substances.
220	220	SECTION 12. Section 80.024, Agriculture Code, is amended to
221	221	read as follows:
222	222	Sec. 80.024. DOCUMENTING REGULATED ARTICLES. To implement
223	223	this chapter, the department may issue or authorize issuance of:
224	224	(1) a certificate that indicates that a regulated
225	225	article is not infested with pests [the Asian citrus psyllid]; and
226	226	(2) a permit that provides for the movement of a
227	227	regulated article to a restricted destination for limited handling,
228	228	use, or processing.
229	229	SECTION 13. Section 80.025(a), Agriculture Code, is amended
230	230	to read as follows:
231	231	(a) The corporation may carry out programs to destroy and
232	232	manage pests [the Asian citrus psyllid and citrus greening] in this
233	233	state by cooperating through written agreements, as approved by the
234	234	commissioner, with:
235	235	(1) an agency of the federal government;
236	236	(2) a state agency;
237	237	(3) an appropriate agency of a foreign country
238	238	contiguous to the affected area to the extent allowed by federal
239	239	law;
240	240	(4) a person who is engaged in growing, processing,
241	241	marketing, or handling citrus;
242	242	(5) a group of persons in this state involved in
243	243	similar programs to carry out the purposes of this chapter; or
244	244	(6) an appropriate state agency of another state
245	245	contiguous to the affected area, to the extent allowed by federal
246	246	law, the law of the contiguous state, and the law of this state.
247	247	SECTION 14. Section 80.026(a), Agriculture Code, is amended
248	248	to read as follows:
249	249	(a) The commissioner shall develop rules and procedures to:
250	250	(1) protect the eligibility of organic citrus
251	251	producers to be certified by the commissioner;
252	252	(2) ensure that organic and transitional
253	253	certifications by the commissioner continue to meet national
254	254	certification standards in order for organic citrus to maintain
255	255	international marketability; and
256	256	(3) in all events maintain the effectiveness of the
257	257	pest [Asian citrus psyllid] suppression program and disease [citrus
258	258	greening] management administered under this chapter.
259	259	SECTION 15. Section 80.008(b), Agriculture Code, as amended
260	260	by this Act, applies only to a member of the board of directors of
261	261	the Texas Citrus Pest and Disease Management Corporation, Inc.,
262	262	appointed on or after the effective date of this Act. A member
263	263	appointed before the effective date of this Act may continue to
264	264	serve until the expiration of the member's term.
265	265	SECTION 16. This Act takes effect September 1, 2015.