Texas 2015 - 84th Regular

Texas Senate Bill SB1749 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hinojosa, et al. S.B. No. 1749
2		-	(Martinez)
	1	+	S.B. No. 1749
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to citrus pest and disease management.
8	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	7		SECTION 1. Sections 80.001(a) and (b), Agriculture Code,
10	8		are amended to read as follows:
11	9		(a) The legislature finds that:
12	10		(1) citrus pests and diseases, including the insect
13	11		known as the Asian citrus psyllid and the disease known as citrus
14	12		greening, are public nuisances and menaces to the citrus industry,
15	13		and their control and suppression is a public necessity;
16	14		(2) because of the natural migration patterns of
17	15		citrus pests and the contagious nature of citrus diseases [the
18	16		Asian citrus psyllid], the control and suppression of the nuisance
19	17		can best be accomplished by dividing the commercial citrus-growing
20	18		areas into separate zones so that integrated pest management
21	19		programs may be developed for each zone;
22	20		(3) there is a need for a quasi-governmental entity
23	21		acting under the supervision and control of the commissioner whose
24	22		members are actual citrus producers who would be represented on the
25	23		board of the entity by directors elected by them to manage control
26	24		and suppression programs and to furnish expertise in the field of
27	25		disease and insect control and suppression, because such an entity
28	26		would enhance the interest and participation of citrus producers in
29	27		the program;
30	28		(4) citrus producers, in partnership with the state
31	29		and federal governments, have made significant investments toward
32	30		the suppression of these pests and disease in this state; and
33	31		(5) it is essential to the well-being of the citrus
34	32		industry and the agricultural economy of this state that the
35	33		investments of the citrus producers and the state and federal
36	34		governments be protected.
37	35		(b) It is the intent of the legislature that the program of
38	36		control and suppression of citrus pests and diseases [the Asian
39	37		citrus psyllid] be carried out with the best available integrated
40	38		pest management techniques.
41	39		SECTION 2. Section 80.002, Agriculture Code, is amended to
42	40		read as follows:
43	41		Sec. 80.002. DESIGNATION OF ENTITY TO CARRY OUT CITRUS PEST
44	42		AND DISEASE [ASIAN CITRUS PSYLLID AND CITRUS GREENING] CONTROL AND
45	43		SUPPRESSION. (a) The Texas Citrus Pest and Disease Management
46	44		Corporation, Inc., a Texas nonprofit corporation, shall be
47	45		recognized by the department as the entity to plan, carry out, and
48	46		operate suppression programs to manage and control pests and
49	47		diseases, including the Asian citrus psyllid and citrus greening,
50	48		in citrus plants in the state under the supervision of the
51	49		department as provided by this chapter.
52	50		(b) The commissioner may terminate the corporation's
53	51		designation as the entity recognized to carry out citrus pest and
54	52		disease [Asian citrus psyllid] control and management by giving 45
55	53		days' written notice to the corporation and by designating a
56	54		successor entity. If the commissioner designates a successor to
57	55		the corporation, the successor has all the powers and duties of the
58	56		corporation under this chapter. Any successor to the corporation
59	57		shall assume and shall be responsible for all obligations and
60	58		liabilities relating to any notes, security agreements,
61	59		assignments, loan agreements, and any other contracts or other
62	60		documents entered into by the corporation with or for the benefit of
63	61		any financial institution or its predecessor, successor, or
64	62		assignee.
65	63		SECTION 3. Section 80.003, Agriculture Code, is amended by
66	64		amending Subdivisions (7), (10), (11), and (13) and adding
67	65		Subdivisions (14) and (15) to read as follows:
68	66		(7) "Suppression" means control of the numbers and
69	67		migration of a pest [the Asian citrus psyllid] to the extent that
70	68		the commissioner does not consider further management of the pest
71	69		[Asian citrus psyllid] necessary to prevent economic loss to citrus
72	70		producers.
73	71		(10) "Host" means a plant or plant product in which a
74	72		pest [the Asian citrus psyllid] is capable of completing any
75	73		portion of its life cycle.
76	74		(11) "Infested" means the presence of a pest [the
77	75		Asian citrus psyllid] in any life stage or the existence of
78	76		generally accepted [entomological] evidence from which it may be
79	77		concluded with reasonable certainty that a pest [the Asian citrus
80	78		psyllid] is present.
81	79		(13) "Regulated article" means an article carrying or
82	80		capable of carrying a pest [the Asian citrus psyllid], including
83	81		citrus plants, nursery plants, citrus rootstock, or other hosts.
84	82		(14) "Disease" means an impairment of the normal state
85	83		of citrus, caused by a virus or organism, that interrupts or
86	84		modifies the performance of vital functions in citrus. The term
87	85		includes citrus greening.
88	86		(15) "Pest" means a virus or organism that causes
89	87		disease or other damage to citrus and that is designated by
90	88		commissioner rule for suppression under this chapter. The term
91	89		includes the Asian citrus psyllid.
92	90		SECTION 4. Section 80.006(c), Agriculture Code, is amended
93	91		to read as follows:
94	92		(c) A proposed pest management zone referendum ballot must
95	93		include or be accompanied by information about the proposed pest
96	94		management zone, including:
97	95		(1) a statement of the purpose of the pest [Asian
98	96		citrus psyllid] suppression program;
99	97		(2) the geographic area included in the proposed pest
100	98		management zone;
101	99		(3) a general summary of rules adopted by the
102	100		commissioner under Sections 80.016, 80.020, and 80.022, including a
103	101		description of:
104	102		(A) citrus producer responsibilities; and
105	103		(B) penalties for noncompliance with rules
106	104		adopted under this chapter; and
107	105		(4) an address and toll-free telephone number that a
108	106		citrus producer may use to request more information about the
109	107		referendum or the pest [Asian citrus psyllid] suppression program.
110	108		SECTION 5. Section 80.008(b), Agriculture Code, is amended
111	109		to read as follows:
112	110		(b) In making appointments under this section, the
113	111		commissioner shall appoint the following board members, selected
114	112		from a variety of citrus-growing regions of the state, for
115	113		four-year terms:
116	114		(1) an agricultural lender;
117	115		(2) an independent entomologist who is an integrated
118	116		pest management specialist;
119	117		(3) a representative from an industry [two
120	118		representatives from industries] allied with citrus production;
121	119		[and]
122	120		(4) a representative from the pest control industry;
123	121		and
124	122		(5) a representative of the nursery or ornamental
125	123		citrus sales industry.
126	124		SECTION 6. Sections 80.014(a) and (b), Agriculture Code,
127	125		are amended to read as follows:
128	126		(a) On the determination by the corporation that the pest
129	127		[Asian citrus psyllid] suppression program has been completed in
130	128		all pest management zones established under this chapter, the
131	129		corporation shall provide notice of the completion to the
132	130		commissioner along with a request for discontinuance of the control
133	131		and suppression program and collection of the assessment. Any
134	132		request under this subsection must include documentation
135	133		supporting the fact that pests are [the Asian citrus psyllid is] no
136	134		longer a threat to the state's citrus industry and a plan for
137	135		discontinuance of the program and assessment.
138	136		(b) The commissioner shall determine whether or not the
139	137		further suppression of pests [the Asian citrus psyllid] is
140	138		necessary in the pest management zones and approve or disapprove
141	139		discontinuance of the corporation and the plan for dissolution.
142	140		SECTION 7. Section 80.015(a), Agriculture Code, is amended
143	141		to read as follows:
144	142		(a) The commissioner shall propose the assessment needed in
145	143		each pest management zone to ensure the stability of the citrus
146	144		industry by suppressing the public nuisance caused by pests [the
147	145		Asian citrus psyllid].
148	146		SECTION 8. Section 80.016(i), Agriculture Code, is amended
149	147		to read as follows:
150	148		(i) A public hearing regarding the proposed suppression
151	149		program, including information regarding regulations to be
152	150		promulgated by the commissioner, may be held by the commissioner in
153	151		each of several locations in each [Asian citrus psyllid] pest
154	152		management zone.
155	153		SECTION 9. Section 80.019, Agriculture Code, is amended to
156	154		read as follows:
157	155		Sec. 80.019. ENTRY OF PREMISES; SUPPRESSION ACTIVITIES;
158	156		INSPECTIONS. The department, the corporation, or a designated
159	157		representative of either entity may enter citrus groves or other
160	158		premises to carry out the purposes of this chapter, which include
161	159		the treatment and monitoring of growing citrus or other host
162	160		plants. The department, the corporation, or a designated
163	161		representative of either entity may inspect groves or premises in
164	162		this state for the purpose of determining whether the property is
165	163		infested with pests [the Asian citrus psyllid or citrus greening].
166	164		An inspection must be conducted during reasonable daylight hours.
167	165		The department shall give notice by publication of the planned
168	166		schedule of dates for entry by the department, the corporation, or a
169	167		designated representative of either entity, to the owner or
170	168		occupant of the groves or premises to carry out the purposes of this
171	169		chapter, including treatment, monitoring, or inspection functions.
172	170		The department shall publish notice of the planned schedule to
173	171		enter the groves or premises in a newspaper of general circulation
174	172		in the pest management zone not less than once a week for two weeks
175	173		immediately before the scheduled dates of entry. In addition to the
176	174		notice published by the department, the corporation shall post
177	175		notice of the planned schedule to enter groves or premises to carry
178	176		out the purposes of this chapter at the county courthouse of each
179	177		county in the pest management zone not later than the 15th day
180	178		before the planned dates of entry.
181	179		SECTION 10. Section 80.020(b), Agriculture Code, is amended
182	180		to read as follows:
183	181		(b) The commissioner may adopt rules requiring all growers
184	182		of citrus in a pest management zone to participate in a pest [an
185	183		Asian citrus psyllid] suppression program and growers of commercial
186	184		citrus to participate in pest and disease management programs that
187	185		include cost sharing as required by the rules.
188	186		SECTION 11. Sections 80.022(a) and (b), Agriculture Code,
189	187		are amended to read as follows:
190	188		(a) The commissioner shall adopt rules to protect
191	189		individuals, livestock, wildlife, and honeybee colonies on any
192	190		premises in a pest management zone on which citrus plants are being
193	191		grown that have been or are being treated to control or suppress
194	192		pests [the Asian citrus psyllid and citrus greening].
195	193		(b) Rules adopted under this section shall establish the
196	194		criteria by which the corporation develops its procedures and
197	195		methods of treatment, which shall:
198	196		(1) establish a methodology for determining when pest
199	197		[Asian citrus psyllid] population levels have reached economic
200	198		significance or when disease [citrus greening] is present;
201	199		(2) establish an effective treatment regimen that
202	200		seeks to provide the least possible risk to workers, the public, and
203	201		the environment;
204	202		(3) minimize the effects of the use of pesticides on
205	203		long-term control methods, including but not limited to the effect
206	204		a particular pesticide may have on biological controls;
207	205		(4) establish methods for monitoring [Asian citrus
208	206		psyllids, citrus greening, and secondary] pests;
209	207		(5) establish methods for verifying pesticide use
210	208		reduction; and
211	209		(6) consider the acute and chronic toxicity of
212	210		particular pesticides and the quantity of particular pesticides
213	211		needed. Pest management zone treatment plans may take into account
214	212		the potential for the use of smaller quantities of more toxic
215	213		substances to result in fewer health and environmental risks than
216	214		larger quantities of less toxic substances.
217	215		SECTION 12. Section 80.024, Agriculture Code, is amended to
218	216		read as follows:
219	217		Sec. 80.024. DOCUMENTING REGULATED ARTICLES. To implement
220	218		this chapter, the department may issue or authorize issuance of:
221	219		(1) a certificate that indicates that a regulated
222	220		article is not infested with pests [the Asian citrus psyllid]; and
223	221		(2) a permit that provides for the movement of a
224	222		regulated article to a restricted destination for limited handling,
225	223		use, or processing.
226	224		SECTION 13. Section 80.025(a), Agriculture Code, is amended
227	225		to read as follows:
228	226		(a) The corporation may carry out programs to destroy and
229	227		manage pests [the Asian citrus psyllid and citrus greening] in this
230	228		state by cooperating through written agreements, as approved by the
231	229		commissioner, with:
232	230		(1) an agency of the federal government;
233	231		(2) a state agency;
234	232		(3) an appropriate agency of a foreign country
235	233		contiguous to the affected area to the extent allowed by federal
236	234		law;
237	235		(4) a person who is engaged in growing, processing,
238	236		marketing, or handling citrus;
239	237		(5) a group of persons in this state involved in
240	238		similar programs to carry out the purposes of this chapter; or
241	239		(6) an appropriate state agency of another state
242	240		contiguous to the affected area, to the extent allowed by federal
243	241		law, the law of the contiguous state, and the law of this state.
244	242		SECTION 14. Section 80.026(a), Agriculture Code, is amended
245	243		to read as follows:
246	244		(a) The commissioner shall develop rules and procedures to:
247	245		(1) protect the eligibility of organic citrus
248	246		producers to be certified by the commissioner;
249	247		(2) ensure that organic and transitional
250	248		certifications by the commissioner continue to meet national
251	249		certification standards in order for organic citrus to maintain
252	250		international marketability; and
253	251		(3) in all events maintain the effectiveness of the
254	252		pest [Asian citrus psyllid] suppression program and disease [citrus
255	253		greening] management administered under this chapter.
256	254		SECTION 15. Section 80.008(b), Agriculture Code, as amended
257	255		by this Act, applies only to a member of the board of directors of
258	256		the Texas Citrus Pest and Disease Management Corporation, Inc.,
259	257		appointed on or after the effective date of this Act. A member
260	258		appointed before the effective date of this Act may continue to
261	259		serve until the expiration of the member's term.
262	260		SECTION 16. This Act takes effect September 1, 2015.
	261	+	______________________________ ______________________________
	262	+	President of the Senate Speaker of the House
	263	+	I hereby certify that S.B. No. 1749 passed the Senate on
	264	+	April 22, 2015, by the following vote: Yeas 29, Nays 1.
	265	+	______________________________
	266	+	Secretary of the Senate
	267	+	I hereby certify that S.B. No. 1749 passed the House on
	268	+	April 30, 2015, by the following vote: Yeas 138, Nays 1, one
	269	+	present not voting.
	270	+	______________________________
	271	+	Chief Clerk of the House
	272	+	Approved:
	273	+	______________________________
	274	+	Date
	275	+	______________________________
	276	+	Governor