Texas 2021 - 87th Regular

Texas Senate Bill SB731 Compare Versions

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Old	New	Differences
1	1	87R4877 BEF-F
2	2	By: Perry S.B. No. 731
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the detection and mitigation of plant pests and
8	8	diseases.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 71, Agriculture Code, is amended by
11	11	adding Subchapter E to read as follows:
12	12	SUBCHAPTER E. PLANT PEST AND DISEASE DETECTION AND SURVEILLANCE
13	13	Sec. 71.201. DEFINITIONS. In this subchapter:
14	14	(1) "Cooperative agreement" means an agreement
15	15	described by Section 71.202.
16	16	(2) "Institution of higher education" has the meaning
17	17	assigned by Section 61.003, Education Code.
18	18	(3) "Interested parties" include the following
19	19	organizations or a successor organization:
20	20	(A) Plains Cotton Growers;
21	21	(B) South Texas Cotton and Grain Association;
22	22	(C) Texas Citrus Mutual;
23	23	(D) Texas Corn Producers;
24	24	(E) Texas Farm Bureau;
25	25	(F) Texas Grain Sorghum Association; and
26	26	(G) Texas Nursery and Landscape Association.
27	27	(4) "Plant pest and disease detection and
28	28	surveillance" means the full range of activities undertaken to
29	29	detect plant pests and diseases newly introduced to this state or to
30	30	a certain area of this state before a pest or disease becomes
31	31	established or an infestation of a pest or outbreak of a disease
32	32	becomes too large and costly to eradicate or control. The term
33	33	includes activities undertaken to detect pests and diseases
34	34	affecting specialty crops.
35	35	(5) "Specialty crop" means a fruit, vegetable, tree
36	36	nut, dried fruit, or nursery crop, including floriculture.
37	37	Sec. 71.202. COOPERATIVE AGREEMENT. (a) The department
38	38	shall enter into a cooperative agreement with an institution of
39	39	higher education that agrees to conduct plant pest and disease
40	40	detection and surveillance.
41	41	(b) In carrying out this section, the department shall
42	42	consult with the State Seed and Plant Board and other interested
43	43	parties.
44	44	Sec. 71.203. APPLICATION. (a) An institution of higher
45	45	education may apply to enter into a cooperative agreement by
46	46	submitting to the department an application containing the
47	47	information required by the department.
48	48	(b) The department shall notify each applicant of the:
49	49	(1) auditing and reporting requirements that will
50	50	apply to an institution of higher education in connection with the
51	51	use of any money provided by the department to the institution of
52	52	higher education under the cooperative agreement;
53	53	(2) criteria to be used to ensure that plant pest and
54	54	disease detection and surveillance conducted under the cooperative
55	55	agreement are based on sound scientific data or risk assessments;
56	56	and
57	57	(3) required means of identifying pathways of pest and
58	58	disease introduction.
59	59	Sec. 71.204. USE OF FUNDS. (a) An institution of higher
60	60	education shall use any money received under a cooperative
61	61	agreement to carry out plant pest and disease detection and
62	62	surveillance approved by the department to prevent the introduction
63	63	or spread of plant pests and diseases.
64	64	(b) The non-state share of the cost of carrying out a
65	65	cooperative agreement may be provided in-kind, including by
66	66	covering certain indirect costs the department considers
67	67	appropriate.
68	68	(c) The department may not consider an applicant's ability
69	69	to pay or cover non-state costs when deciding whether to enter into
70	70	a cooperative agreement with the applicant.
71	71	Sec. 71.205. SPECIAL FUNDING CONSIDERATIONS. The
72	72	department shall provide money to an institution of higher
73	73	education to carry out plant pest and disease detection and
74	74	surveillance under a cooperative agreement if the department
75	75	determines that:
76	76	(1) the institution of higher education is in a region
77	77	of this state that has a high risk of being affected by one or more
78	78	plant pests or diseases based on:
79	79	(A) the region's conduciveness to agricultural
80	80	pest and disease establishment due to location, agricultural
81	81	commodities produced, climate, crop diversity, or natural
82	82	resources; or
83	83	(B) the department's determination that an
84	84	agricultural pest or disease in the region is a state or federal
85	85	concern; and
86	86	(2) the plant pest and disease detection and
87	87	surveillance supported by the money will likely:
88	88	(A) prevent the introduction, establishment, or
89	89	widespread dissemination of plant pests and diseases; and
90	90	(B) provide a comprehensive approach to
91	91	complement federal and state plant pest and disease detection
92	92	efforts.
93	93	Sec. 71.206. REPORTING REQUIREMENTS. An institution of
94	94	higher education that conducts a plant pest and disease detection
95	95	and surveillance activity using money provided under this
96	96	subchapter shall, not later than the 90th day after the date the
97	97	activity is completed, submit to the department a report describing
98	98	the purposes and results of the activity.
99	99	Sec. 71.207. THREAT IDENTIFICATION AND MITIGATION PROGRAM.
100	100	(a) The department shall establish a threat identification and
101	101	mitigation program to determine and address threats to the domestic
102	102	production of crops, including specialty crops.
103	103	(b) Under the program, the department shall:
104	104	(1) develop risk assessments for potential threats
105	105	from foreign sources to the agricultural industry of this state;
106	106	(2) describe the status of plant pests and diseases
107	107	present or established in this state and management strategies
108	108	currently employed to contain the spread of those pests and
109	109	diseases;
110	110	(3) collaborate with the State Seed and Plant Board
111	111	and interested parties; and
112	112	(4) implement action plans to assist in preventing the
113	113	introduction and widespread dissemination of new or highly
114	114	consequential plant pests and diseases in this state.
115	115	(c) Not later than September 1 of each year, the department
116	116	shall submit to the committees of the senate and house of
117	117	representatives with primary jurisdiction over agriculture and
118	118	rural affairs a report on the action plans described by this
119	119	section, including an accounting of money spent in connection with
120	120	those plans.
121	121	SECTION 2. This Act takes effect September 1, 2021.