87R4877 BEF-F
By: Perry S.B. No. 731
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. PLANT PEST AND DISEASE DETECTION AND SURVEILLANCE
Sec. 71.201. DEFINITIONS. In this subchapter:
(1) "Cooperative agreement" means an agreement
described by Section 71.202.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(3) "Interested parties" include the following
organizations or a successor organization:
(A) Plains Cotton Growers;
(B) South Texas Cotton and Grain Association;
(C) Texas Citrus Mutual;
(D) Texas Corn Producers;
(E) Texas Farm Bureau;
(F) Texas Grain Sorghum Association; and
(G) Texas Nursery and Landscape Association.
(4) "Plant pest and disease detection and
surveillance" means the full range of activities undertaken to
detect plant pests and diseases newly introduced to this state or to
a certain area of this state before a pest or disease becomes
established or an infestation of a pest or outbreak of a disease
becomes too large and costly to eradicate or control. The term
includes activities undertaken to detect pests and diseases
affecting specialty crops.
(5) "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 plant pest and disease
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 plant pest and
disease 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 and
disease 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 plant pest and disease detection and
surveillance approved by the department to prevent the introduction
or spread of plant pests and diseases.
(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 plant pest and disease 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 plant pest and disease detection and
surveillance supported by the money will likely:
(A) prevent the introduction, establishment, or
widespread dissemination of plant pests and diseases; and
(B) provide a comprehensive approach to
complement federal and state plant pest and disease detection
efforts.
Sec. 71.206. REPORTING REQUIREMENTS. An institution of
higher education that conducts a plant pest and disease 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) describe the status of plant pests and diseases
present or established in this state and management strategies
currently employed to contain the spread of those pests and
diseases;
(3) collaborate with the State Seed and Plant Board
and interested parties; and
(4) 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, 2021.