Texas 2019 - 86th Regular

Texas Senate Bill SB1672 Compare Versions

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1	1		By: Perry S.B. No. 1672
2		-	(Springer)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the detection and mitigation of plant pests and
8	7		diseases.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Chapter 71, Agriculture Code, is amended by
11	10		adding Subchapter E to read as follows:
12	11		SUBCHAPTER E. EARLY PLANT PEST DETECTION AND SURVEILLANCE
13	12		Sec. 71.201. DEFINITIONS. In this subchapter:
14	13		(1) "Cooperative agreement" means an agreement
15	14		described by Section 71.202.
16	15		(2) "Early plant pest detection and surveillance"
17	16		means the full range of activities undertaken to detect plant pests
18	17		newly introduced to this state or to a certain area of this state
19	18		before the pest becomes established or an infestation of the pest
20	19		becomes too large and costly to eradicate or control. The term
21	20		includes activities undertaken to detect pests affecting specialty
22	21		crops.
23	22		(3) "Institution of higher education" has the meaning
24	23		assigned by Section 61.003, Education Code.
25	24		(4) "Specialty crop" means a fruit, vegetable, tree
26	25		nut, dried fruit, or nursery crop, including floriculture.
27	26		Sec. 71.202. COOPERATIVE AGREEMENT. (a) The department
28	27		shall enter into a cooperative agreement with an institution of
29	28		higher education that agrees to conduct early plant pest detection
30	29		and surveillance.
31	30		(b) In carrying out this section, the department shall
32	31		consult with the State Seed and Plant Board and other interested
33	32		parties.
34	33		Sec. 71.203. APPLICATION. (a) An institution of higher
35	34		education may apply to enter into a cooperative agreement by
36	35		submitting to the department an application containing the
37	36		information required by the department.
38	37		(b) The department shall notify each applicant of the:
39	38		(1) auditing and reporting requirements that will
40	39		apply to an institution of higher education in connection with the
41	40		use of any money provided by the department to the institution of
42	41		higher education under the cooperative agreement;
43	42		(2) criteria to be used to ensure that early plant pest
44	43		detection and surveillance conducted under the cooperative
45	44		agreement are based on sound scientific data or risk assessments;
46	45		and
47	46		(3) required means of identifying pathways of pest
48	47		introduction.
49	48		Sec. 71.204. USE OF FUNDS. (a) An institution of higher
50	49		education shall use any money received under a cooperative
51	50		agreement to carry out early plant pest detection and surveillance
52	51		approved by the department to prevent the introduction or spread of
53	52		a plant pest.
54	53		(b) The non-state share of the cost of carrying out a
55	54		cooperative agreement may be provided in-kind, including by
56	55		covering certain indirect costs the department considers
57	56		appropriate.
58	57		(c) The department may not consider an applicant's ability
59	58		to pay or cover non-state costs when deciding whether to enter into
60	59		a cooperative agreement with the applicant.
61	60		Sec. 71.205. SPECIAL FUNDING CONSIDERATIONS. The
62	61		department shall provide money to an institution of higher
63	62		education to carry out early plant pest detection and surveillance
64	63		under a cooperative agreement if the department determines that:
65	64		(1) the institution of higher education is in a region
66	65		of this state that has a high risk of being affected by one or more
67	66		plant pests or diseases based on:
68	67		(A) the region's conduciveness to agricultural
69	68		pest and disease establishment due to location, agricultural
70	69		commodities produced, climate, crop diversity, or natural
71	70		resources; or
72	71		(B) the department's determination that an
73	72		agricultural pest or disease in the region is a state or federal
74	73		concern; and
75	74		(2) the early plant pest detection and surveillance
76	75		supported by the money will likely:
77	76		(A) prevent the introduction and establishment
78	77		of plant pests; and
79	78		(B) provide a comprehensive approach to
80	79		complement federal plant pest or disease detection efforts.
81	80		Sec. 71.206. REPORTING REQUIREMENTS. An institution of
82	81		higher education that conducts an early plant pest detection and
83	82		surveillance activity using money provided under this subchapter
84	83		shall, not later than the 90th day after the date the activity is
85	84		completed, submit to the department a report describing the
86	85		purposes and results of the activity.
87	86		Sec. 71.207. THREAT IDENTIFICATION AND MITIGATION PROGRAM.
88	87		(a) The department shall establish a threat identification and
89	88		mitigation program to determine and address threats to the domestic
90	89		production of crops, including specialty crops.
91	90		(b) Under the program, the department shall:
92	91		(1) develop risk assessments for potential threats
93	92		from foreign sources to the agricultural industry of this state;
94	93		(2) collaborate with the State Seed and Plant Board;
95	94		and
96	95		(3) implement action plans to assist in preventing the
97	96		introduction and widespread dissemination of new or highly
98	97		consequential plant pests and diseases in this state.
99	98		(c) Not later than September 1 of each year, the department
100	99		shall submit to the committees of the senate and house of
101	100		representatives with primary jurisdiction over agriculture and
102	101		rural affairs a report on the action plans described by this
103	102		section, including an accounting of money spent in connection with
104	103		those plans.
105	104		SECTION 2. This Act takes effect September 1, 2019.