By: Perry S.B. No. 1672
A BILL TO BE ENTITLED
AN ACT
relating to the detection and mitigation of plant pests and
diseases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 71, Agriculture Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. EARLY PLANT PEST DETECTION AND SURVEILLANCE
Sec. 71.201. DEFINITIONS. In this subchapter:
(1) "Cooperative agreement" means an agreement
described by Section 71.202.
(2) "Early plant pest detection and surveillance"
means the full range of activities undertaken to detect plant pests
newly introduced to this state or to a certain area of this state
before the pest becomes established or an infestation of the pest
becomes too large and costly to eradicate or control. The term
includes activities undertaken to detect pests affecting specialty
crops.
(3) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(4) "Specialty crop" means a fruit, vegetable, tree
nut, dried fruit, or nursery crop, including floriculture.
Sec. 71.202. COOPERATIVE AGREEMENT. (a) The department
shall enter into a cooperative agreement with an institution of
higher education that agrees to conduct early plant pest detection
and surveillance.
(b) In carrying out this section, the department shall
consult with the State Seed and Plant Board and other interested
parties.
Sec. 71.203. APPLICATION. (a) An institution of higher
education may apply to enter into a cooperative agreement by
submitting to the department an application containing the
information required by the department.
(b) The department shall notify each applicant of the:
(1) auditing and reporting requirements that will
apply to an institution of higher education in connection with the
use of any money provided by the department to the institution of
higher education under the cooperative agreement;
(2) criteria to be used to ensure that early plant pest
detection and surveillance conducted under the cooperative
agreement are based on sound scientific data or risk assessments;
and
(3) required means of identifying pathways of pest
introduction.
Sec. 71.204. USE OF FUNDS. (a) An institution of higher
education shall use any money received under a cooperative
agreement to carry out early plant pest detection and surveillance
approved by the department to prevent the introduction or spread of
a plant pest.
(b) The non-state share of the cost of carrying out a
cooperative agreement may be provided in-kind, including by
covering certain indirect costs the department considers
appropriate.
(c) The department may not consider an applicant's ability
to pay or cover non-state costs when deciding whether to enter into
a cooperative agreement with the applicant.
Sec. 71.205. SPECIAL FUNDING CONSIDERATIONS. The
department shall provide money to an institution of higher
education to carry out early plant pest detection and surveillance
under a cooperative agreement if the department determines that:
(1) the institution of higher education is in a region
of this state that has a high risk of being affected by one or more
plant pests or diseases based on:
(A) the region's conduciveness to agricultural
pest and disease establishment due to location, agricultural
commodities produced, climate, crop diversity, or natural
resources; or
(B) the department's determination that an
agricultural pest or disease in the region is a state or federal
concern; and
(2) the early plant pest detection and surveillance
supported by the money will likely:
(A) prevent the introduction and establishment
of plant pests; and
(B) provide a comprehensive approach to
complement federal plant pest or disease detection efforts.
Sec. 71.206. REPORTING REQUIREMENTS. An institution of
higher education that conducts an early plant pest detection and
surveillance activity using money provided under this subchapter
shall, not later than the 90th day after the date the activity is
completed, submit to the department a report describing the
purposes and results of the activity.
Sec. 71.207. THREAT IDENTIFICATION AND MITIGATION PROGRAM.
(a) The department shall establish a threat identification and
mitigation program to determine and address threats to the domestic
production of crops, including specialty crops.
(b) Under the program, the department shall:
(1) develop risk assessments for potential threats
from foreign sources to the agricultural industry of this state;
(2) collaborate with the State Seed and Plant Board;
and
(3) implement action plans to assist in preventing the
introduction and widespread dissemination of new or highly
consequential plant pests and diseases in this state.
(c) Not later than September 1 of each year, the department
shall submit to the committees of the senate and house of
representatives with primary jurisdiction over agriculture and
rural affairs a report on the action plans described by this
section, including an accounting of money spent in connection with
those plans.
SECTION 2. This Act takes effect September 1, 2019.