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AN ACT
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relating to the administration of the citrus budwood certification |
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program and the creation of the citrus nursery stock certification |
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program; providing civil, criminal, and administrative penalties |
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and authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 19, Agriculture Code, is |
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amended to read as follows: |
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CHAPTER 19. CITRUS BUDWOOD AND CITRUS NURSERY STOCK CERTIFICATION |
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PROGRAMS [PROGRAM] |
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SECTION 2. Section 19.001, Agriculture Code, is amended to |
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read as follows: |
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Sec. 19.001. PURPOSE. The purpose of this chapter is to: |
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(1) establish a certified citrus budwood program to |
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produce citrus trees that are horticulturally sound, are free from |
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virus and other recognizable bud-transmissible diseases, and are of |
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an assured type of citrus variety; |
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(2) establish a certified citrus nursery program for |
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citrus nursery stock sold in the citrus zone as part of an effort to |
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produce citrus trees that are free from pathogens, including citrus |
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greening disease, which is spread by the Asian citrus psyllid; |
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(3) provide standards for foundation groves, |
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certified citrus nurseries, and certified citrus nursery trees; and |
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(4) [(3)] provide for an advisory council to make |
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recommendations on the implementation of the programs [program]. |
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SECTION 3. Section 19.002, Agriculture Code, is amended by |
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adding Subdivisions (1-a), (2-a), (2-b), and (5-a) and amending |
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Subdivisions (4) and (5) to read as follows: |
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(1-a) "Asian citrus psyllid" has the meaning assigned |
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by Section 80.003. |
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(2-a) "Certified citrus nursery" means a nursery that |
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meets standards required by the department for production of citrus |
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nursery stock free from pests of citrus. |
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(2-b) "Certified citrus nursery stock" means citrus |
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nursery stock propagated from cuttings or by budding, grafting, or |
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air-layering and grown from certified citrus budwood that meets |
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standards required by the department for assurance of type of |
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citrus variety and for freedom from dangerous pathogens. |
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(4) "Citrus grower" means a citrus producer growing |
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and producing citrus nursery stock for commercial or retail |
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marketing purposes. |
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(5) "Citrus nursery" means a producer of citrus |
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trees[,] propagated through the budding or grafting of citrus trees |
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using certified citrus budwood. |
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(5-a) "Citrus nursery stock" means citrus plants to be |
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used in a commercial or noncommercial setting. |
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SECTION 4. Section 19.003, Agriculture Code, is amended to |
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read as follows: |
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Sec. 19.003. SCOPE. Except as otherwise provided by this |
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chapter, this [This] chapter applies to all citrus nurseries and |
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citrus growers. |
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SECTION 5. Chapter 19, Agriculture Code, is amended by |
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adding Sections 19.0031 and 19.0041 to read as follows: |
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Sec. 19.0031. CITRUS ZONE. The following counties are |
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designated as the citrus zone of this state for the purpose of this |
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chapter: Brooks, Cameron, Hidalgo, Jim Hogg, Kenedy, Starr, |
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Willacy, and Zapata. |
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Sec. 19.0041. CITRUS NURSERY STOCK CERTIFICATION PROGRAM. |
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(a) The citrus nursery stock certification program is |
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established. The department administers the program. |
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(b) The department shall accomplish the purposes of the |
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program through the certification of nurseries growing or selling |
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citrus nursery stock in the citrus zone. |
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(c) All citrus nursery stock grown in or sold in the citrus |
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zone must be grown in a certified citrus nursery. |
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(d) The department, in consultation with the advisory |
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council, shall set standards for certified citrus nurseries and |
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citrus nursery stock certification, and shall inspect citrus |
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nurseries and the records of citrus nurseries to ensure that citrus |
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nurseries comply with the provisions of the citrus nursery stock |
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certification program. |
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(e) The department shall provide for an annual renewal of a |
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certificate for a certified citrus nursery, including the |
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imposition of applicable fees. The department shall renew the |
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certificate if the nursery maintains the standards set by the |
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department under Subsection (d). |
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SECTION 6. Section 19.006, Agriculture Code, is amended to |
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read as follows: |
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Sec. 19.006. RULES. The department, with the advice of the |
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advisory council, shall adopt standards and rules: |
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(1) necessary to administer the citrus budwood |
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certification program and the citrus nursery certification |
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program; [and] |
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(2) to regulate the sale of citrus budwood and citrus |
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nursery trees as supplies of certified citrus budwood and certified |
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citrus nursery trees become available; and |
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(3) requiring citrus nursery stock sold in the citrus |
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zone to be propagated: |
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(A) using certified citrus budwood; and |
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(B) in an enclosed structure that: |
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(i) is built to specifications as |
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determined by department rule; and |
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(ii) has a top and sides that are built to |
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exclude insects that may transmit citrus pathogens. |
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SECTION 7. Sections 19.007, 19.008, 19.009, 19.010, and |
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19.011, Agriculture Code, are amended to read as follows: |
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Sec. 19.007. CERTIFICATION STANDARDS. (a) The department |
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shall establish: |
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(1) the certification standards for genetic purity for |
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varieties of citrus budwood by type; |
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(2) procedures that must be followed to prevent the |
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introduction of dangerous citrus pathogens into budwood stock from |
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and in foundation groves; |
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(3) procedures for certification of citrus budwood |
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grown in foundation groves; and |
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(4) procedures for certification of citrus nurseries |
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and citrus nursery trees. |
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(b) The department shall establish standards and procedures |
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for: |
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(1) inspecting and testing for diseases, using current |
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technologies in disease diagnosis, and for desirable horticultural |
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characteristics of citrus budwood grown in designated foundation |
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groves; |
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(2) certifying citrus budwood and citrus nurseries |
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meeting requirements established under this chapter; |
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(3) maintaining a source of citrus budwood of superior |
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tested varieties for distribution to the citrus industry; |
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(4) verifying propagation of citrus varieties and |
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special rootstocks for growers on request, including an inspection |
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of the citrus nursery's books and records; [and] |
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(5) maintaining appropriate records required for |
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participation in the citrus budwood certification and citrus |
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nursery stock certification programs; |
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(6) inspecting citrus nurseries to ensure that the |
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structures in which citrus nursery stock is propagated meet |
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standards set by the department, including standards for: |
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(A) size; |
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(B) construction; |
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(C) insect resistance; |
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(D) citrus nursery sanitation; |
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(E) movement of the citrus nursery stock from one |
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structure to another at the nursery; |
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(F) proximity to nearby citrus groves; and |
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(G) other standards for the operation of a |
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certified nursery as may be required by the department; and |
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(7) requiring each citrus nursery to submit source |
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tree bud cutting reports to the department not later than the 30th |
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day after citrus trees are budded [program]. |
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Sec. 19.008. APPLYING FOR FOUNDATION GROVE DESIGNATION, |
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[AND] BUDWOOD CERTIFICATION, AND CITRUS NURSERY CERTIFICATION. |
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(a) A person who desires to operate a foundation grove and produce |
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certified citrus budwood for sale to the citrus industry must |
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[shall] apply for foundation grove designation and citrus budwood |
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certification in accordance with rules adopted by the department. |
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(b) A person who desires to operate a citrus nursery to |
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propagate citrus nursery stock for sale in the citrus zone must |
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apply for citrus nursery certification in accordance with rules |
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adopted by the department. |
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Sec. 19.009. REVOCATION. The department shall establish |
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rules regarding the revocation of foundation grove designation, |
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[and] citrus budwood certification, and citrus nursery |
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certification. |
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Sec. 19.010. PROGRAM COST; FEES; ACCOUNT. (a) The |
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department shall set and collect fees from persons applying for |
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foundation grove designation, [or] citrus budwood certification, |
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or citrus nursery certification. The department shall set the fees |
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in an amount that recovers the department's costs in administering |
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and enforcing the citrus budwood certification program and the |
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citrus nursery certification program. The department may also |
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accept funds from the citrus industry or other interested persons |
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to cover the costs of administering the programs [program]. |
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(b) All fees and funds collected or contributed under this |
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section shall be deposited to the credit of an account in the |
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general revenue fund. Money in the account may be appropriated only |
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to the department for the purpose of administering and enforcing |
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this chapter. |
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Sec. 19.011. STOP-SALE ORDER. (a) If a person offers |
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citrus budwood or a citrus nursery tree for sale falsely claiming |
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that it is certified, [or] that it comes from a designated |
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foundation grove, or that it comes from a certified citrus nursery, |
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or offers citrus budwood, [or] a citrus nursery tree, or citrus |
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nursery stock for sale in violation of rules adopted under this |
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chapter, the department may issue a written order to stop the sale |
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of that citrus budwood, [or] citrus nursery tree, or citrus nursery |
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stock. A person may not sell citrus budwood, [or] a citrus nursery |
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tree, or citrus nursery stock that is subject to a stop-sale order |
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under this section until: |
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(1) the sale is permitted by a court under Subsection |
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(b); or |
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(2) the department determines that the sale of the |
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citrus budwood, [or] citrus nursery tree, or citrus nursery stock |
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is in compliance with this chapter and rules adopted under this |
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chapter. |
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(a-1) The department may issue a written order to stop the |
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sale of citrus nursery stock from a citrus nursery or to stop the |
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operation of all or part of a citrus nursery if a person propagates |
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citrus nursery stock in a citrus nursery for sale in the citrus zone |
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and: |
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(1) the person falsely claims that the citrus nursery |
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is certified; or |
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(2) if the citrus nursery is certified, the person |
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fails to comply with the rules adopted under this chapter. |
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(a-2) A person may not sell citrus nursery stock out of a |
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citrus nursery, or operate a citrus nursery or a part of a citrus |
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nursery, that is subject to a stop-sale order under this section |
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until: |
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(1) the sale is permitted by a court under Subsection |
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(b); or |
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(2) the department determines that the citrus nursery |
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is in compliance with this chapter and rules adopted under this |
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chapter. |
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(b) The person named in the order may bring suit in a court |
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in the county where the citrus budwood, [or] citrus nursery tree, or |
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citrus nursery subject to the stop-sale order is located. After a |
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hearing, the court may, as applicable, permit the citrus budwood or |
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citrus nursery tree to be sold, or permit the citrus nursery to |
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continue operations, if the court finds, as applicable, the citrus |
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budwood or citrus nursery tree is not being offered for sale or that |
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the citrus nursery is not operating in violation of this chapter. |
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(c) This section does not limit the department's right to |
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act under another section of this chapter. |
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(d) The department shall inspect each citrus nursery in the |
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citrus zone not less than once every two months in order to enforce |
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this section. |
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SECTION 8. Subsection (a), Section 19.012, Agriculture |
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Code, is amended to read as follows: |
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(a) A person commits an offense if the person: |
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(1) sells or offers to sell citrus budwood, [or] a |
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citrus nursery tree, or citrus nursery stock falsely claiming that |
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it is certified or that it comes from a designated foundation grove |
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or a certified citrus nursery; |
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(2) uses, for commercial purposes, citrus budwood that |
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is required by department rule to be certified and is not certified |
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or does not come from a designated foundation grove; [or] |
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(3) sells or offers to sell in the citrus zone citrus |
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nursery stock that has not been propagated in a certified citrus |
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nursery; |
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(4) operates, in the citrus zone for the propagation |
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of citrus nursery stock, a citrus nursery that is not a certified |
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citrus nursery or that is not in compliance with this chapter or a |
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rule adopted under this chapter; |
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(5) operates, outside of the citrus zone for the |
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propagation of citrus nursery stock for sale in the citrus zone, a |
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citrus nursery that is not a certified citrus nursery or that is not |
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in compliance with this chapter or a rule adopted under this |
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chapter; or |
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(6) fails to comply with an order of the department |
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issued under this chapter. |
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SECTION 9. Subsections (a) and (c), Section 19.013, |
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Agriculture Code, are amended to read as follows: |
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(a) A person who violates this chapter, a rule adopted under |
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this chapter, or an order adopted under this chapter is liable to |
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the state for a civil penalty not to exceed $500 for each violation. |
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Each day a violation continues is a separate violation for purposes |
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of civil penalty assessment. |
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(c) A civil penalty collected under this section in a suit |
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filed by the attorney general shall be deposited to the credit of an |
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account in the general revenue fund. A civil penalty collected |
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under this section in a suit filed by a county or district attorney |
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shall be divided between the state and the county in which the |
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county or district attorney brought suit, with 50 percent of the |
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amount collected paid to the state for deposit to the credit of an |
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account in the general revenue fund and 50 percent of the amount |
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collected paid to the county. Funds credited to the account in the |
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general revenue fund may be appropriated only to the department for |
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purposes of administering and enforcing this chapter and rules |
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adopted under this chapter. |
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SECTION 10. Section 19.014, Agriculture Code, is amended to |
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read as follows: |
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Sec. 19.014. ADMINISTRATIVE PENALTIES. The department may |
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assess an administrative penalty under Chapter 12 for a violation |
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of this chapter if the department finds that a person: |
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(1) sells or offers to sell citrus budwood, [or] a |
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citrus nursery tree, or citrus nursery stock falsely claiming that |
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it is certified or that it comes from a designated foundation grove |
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or a certified citrus nursery under this chapter; |
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(2) uses citrus budwood in violation of rules adopted |
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under this chapter; |
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(3) uses, for commercial purposes, citrus budwood that |
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is required by department rule to be certified and is not certified |
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or does not come from a designated foundation grove; [or] |
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(4) sells or offers to sell citrus nursery stock in the |
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citrus zone falsely claiming that the citrus nursery stock was |
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propagated in a certified citrus nursery; |
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(5) operates, in the citrus zone for the propagation |
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of citrus nursery stock, a citrus nursery that is not a certified |
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citrus nursery or that is not in compliance with this chapter or a |
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rule adopted under this chapter; |
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(6) operates, outside of the citrus zone for the |
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propagation of citrus nursery stock for sale in the citrus zone, a |
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citrus nursery that is not a certified citrus nursery or that is not |
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in compliance with this chapter or a rule adopted under this |
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chapter; or |
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(7) fails to comply with an order of the department |
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issued under this chapter. |
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SECTION 11. Not later than October 1, 2013, the Department |
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of Agriculture shall adopt rules to administer Chapter 19, |
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Agriculture Code, as amended by this Act. |
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SECTION 12. The changes in law made by this Act apply only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 13. The changes in law made by this Act apply only |
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to a violation committed on or after the effective date of this Act. |
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A violation committed before the effective date of this Act is |
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covered by the law in effect when the violation was committed, and |
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the former law is continued in effect for that purpose. |
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SECTION 14. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1427 passed the Senate on |
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May 1, 2013, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1427 passed the House on |
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May 8, 2013, by the following vote: Yeas 142, Nays 5, two present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |