Texas 2021 - 87th Regular

Texas House Bill HB2089 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2089
	1	+	By: Burrows (Senate Sponsor - Perry) H.B. No. 2089
	2	+	(In the Senate - Received from the House April 13, 2021;
	3	+	April 13, 2021, read first time and referred to Committee on Water,
	4	+	Agriculture & Rural Affairs; April 20, 2021, reported favorably by
	5	+	the following vote: Yeas 9, Nays 0; April 20, 2021, sent to
	6	+	printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the detection and mitigation of plant pests and
6	13		diseases.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Chapter 71, Agriculture Code, is amended by
9	16		adding Subchapter E to read as follows:
10	17		SUBCHAPTER E. PLANT PEST AND DISEASE DETECTION AND SURVEILLANCE
11	18		Sec. 71.201. DEFINITIONS. In this subchapter:
12	19		(1) "Cooperative agreement" means an agreement
13	20		described by Section 71.202.
14	21		(2) "Institution of higher education" has the meaning
15	22		assigned by Section 61.003, Education Code.
16	23		(3) "Interested parties" include the following
17	24		organizations or a successor organization:
18	25		(A) Plains Cotton Growers;
19	26		(B) South Texas Cotton and Grain Association;
20	27		(C) Texas Citrus Mutual;
21	28		(D) Texas Corn Producers;
22	29		(E) Texas Farm Bureau;
23	30		(F) Texas Grain Sorghum Association; and
24	31		(G) Texas Nursery and Landscape Association.
25	32		(4) "Plant pest and disease detection and
26	33		surveillance" means the full range of activities undertaken to
27	34		detect plant pests and diseases newly introduced to this state or to
28	35		a certain area of this state before a pest or disease becomes
29	36		established or an infestation of a pest or outbreak of a disease
30	37		becomes too large and costly to eradicate or control. The term
31	38		includes activities undertaken to detect pests and diseases
32	39		affecting specialty crops.
33	40		(5) "Specialty crop" means a fruit, vegetable, tree
34	41		nut, dried fruit, or nursery crop, including floriculture.
35	42		Sec. 71.202. COOPERATIVE AGREEMENT. (a) The department
36	43		shall enter into a cooperative agreement with an institution of
37	44		higher education that agrees to conduct plant pest and disease
38	45		detection and surveillance.
39	46		(b) In carrying out this section, the department shall
40	47		consult with the State Seed and Plant Board and other interested
41	48		parties.
42	49		Sec. 71.203. APPLICATION. (a) An institution of higher
43	50		education may apply to enter into a cooperative agreement by
44	51		submitting to the department an application containing the
45	52		information required by the department.
46	53		(b) The department shall notify each applicant of the:
47	54		(1) auditing and reporting requirements that will
48	55		apply to an institution of higher education in connection with the
49	56		use of any money provided by the department to the institution of
50	57		higher education under the cooperative agreement;
51	58		(2) criteria to be used to ensure that plant pest and
52	59		disease detection and surveillance conducted under the cooperative
53	60		agreement are based on sound scientific data or risk assessments;
54	61		and
55	62		(3) required means of identifying pathways of pest and
56	63		disease introduction.
57	64		Sec. 71.204. USE OF FUNDS. (a) An institution of higher
58	65		education shall use any money received under a cooperative
59	66		agreement to carry out plant pest and disease detection and
60	67		surveillance approved by the department to prevent the introduction
61	68		or spread of plant pests and diseases.
62	69		(b) The non-state share of the cost of carrying out a
63	70		cooperative agreement may be provided in-kind, including by
64	71		covering certain indirect costs the department considers
65	72		appropriate.
66	73		(c) The department may not consider an applicant's ability
67	74		to pay or cover non-state costs when deciding whether to enter into
68	75		a cooperative agreement with the applicant.
69	76		Sec. 71.205. SPECIAL FUNDING CONSIDERATIONS. The
70	77		department shall provide money to an institution of higher
71	78		education to carry out plant pest and disease detection and
72	79		surveillance under a cooperative agreement if the department
73	80		determines that:
74	81		(1) the institution of higher education is in a region
75	82		of this state that has a high risk of being affected by one or more
76	83		plant pests or diseases based on:
77	84		(A) the region's conduciveness to agricultural
78	85		pest and disease establishment due to location, agricultural
79	86		commodities produced, climate, crop diversity, or natural
80	87		resources; or
81	88		(B) the department's determination that an
82	89		agricultural pest or disease in the region is a state or federal
83	90		concern; and
84	91		(2) the plant pest and disease detection and
85	92		surveillance supported by the money will likely:
86	93		(A) prevent the introduction, establishment, or
87	94		widespread dissemination of plant pests and diseases; and
88	95		(B) provide a comprehensive approach to
89	96		complement federal and state plant pest and disease detection
90	97		efforts.
91	98		Sec. 71.206. REPORTING REQUIREMENTS. An institution of
92	99		higher education that conducts a plant pest and disease detection
93	100		and surveillance activity using money provided under this
94	101		subchapter shall, not later than the 90th day after the date the
95	102		activity is completed, submit to the department a report describing
96	103		the purposes and results of the activity.
97	104		Sec. 71.207. THREAT IDENTIFICATION AND MITIGATION PROGRAM.
98	105		(a) The department shall establish a threat identification and
99	106		mitigation program to determine and address threats to the domestic
100	107		production of crops, including specialty crops.
101	108		(b) Under the program, the department shall:
102	109		(1) develop risk assessments for potential threats
103	110		from foreign sources to the agricultural industry of this state;
104	111		(2) describe the status of plant pests and diseases
105	112		present or established in this state and management strategies
106	113		currently employed to contain the spread of those pests and
107	114		diseases;
108	115		(3) collaborate with the State Seed and Plant Board
109	116		and interested parties; and
110	117		(4) implement action plans to assist in preventing the
111	118		introduction and widespread dissemination of new or highly
112	119		consequential plant pests and diseases in this state.
113	120		(c) Not later than September 1 of each year, the department
114	121		shall submit to the committees of the senate and house of
115	122		representatives with primary jurisdiction over agriculture and
116	123		rural affairs a report on the action plans described by this
117	124		section, including an accounting of money spent in connection with
118	125		those plans.
119	126		SECTION 2. This Act takes effect September 1, 2021.
120		-	______________________________ ______________________________
121		-	President of the Senate Speaker of the House
122		-	I certify that H.B. No. 2089 was passed by the House on April
123		-	13, 2021, by the following vote: Yeas 148, Nays 0, 1 present, not
124		-	voting.
125		-	______________________________
126		-	Chief Clerk of the House
127		-	I certify that H.B. No. 2089 was passed by the Senate on April
128		-	29, 2021, by the following vote: Yeas 31, Nays 0.
129		-	______________________________
130		-	Secretary of the Senate
131		-	APPROVED: _____________________
132		-	Date
133		-	_____________________
134		-	Governor
	127	+	* * * * *