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  S.B. No. 1749
 
 
 
 
AN ACT
  relating to citrus pest and disease management.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 80.001(a) and (b), Agriculture Code,
  are amended to read as follows:
         (a)  The legislature finds that:
               (1)  citrus pests and diseases, including the insect
  known as the Asian citrus psyllid and the disease known as citrus
  greening, are public nuisances and menaces to the citrus industry,
  and their control and suppression is a public necessity;
               (2)  because of the natural migration patterns of
  citrus pests and the contagious nature of citrus diseases [the
  Asian citrus psyllid], the control and suppression of the nuisance
  can best be accomplished by dividing the commercial citrus-growing
  areas into separate zones so that integrated pest management
  programs may be developed for each zone;
               (3)  there is a need for a quasi-governmental entity
  acting under the supervision and control of the commissioner whose
  members are actual citrus producers who would be represented on the
  board of the entity by directors elected by them to manage control
  and suppression programs and to furnish expertise in the field of
  disease and insect control and suppression, because such an entity
  would enhance the interest and participation of citrus producers in
  the program;
               (4)  citrus producers, in partnership with the state
  and federal governments, have made significant investments toward
  the suppression of these pests and disease in this state; and
               (5)  it is essential to the well-being of the citrus
  industry and the agricultural economy of this state that the
  investments of the citrus producers and the state and federal
  governments be protected.
         (b)  It is the intent of the legislature that the program of
  control and suppression of citrus pests and diseases [the Asian
  citrus psyllid] be carried out with the best available integrated
  pest management techniques.
         SECTION 2.  Section 80.002, Agriculture Code, is amended to
  read as follows:
         Sec. 80.002.  DESIGNATION OF ENTITY TO CARRY OUT CITRUS PEST
  AND DISEASE [ASIAN CITRUS PSYLLID AND CITRUS GREENING] CONTROL AND
  SUPPRESSION. (a)  The Texas Citrus Pest and Disease Management
  Corporation, Inc., a Texas nonprofit corporation, shall be
  recognized by the department as the entity to plan, carry out, and
  operate suppression programs to manage and control pests and
  diseases, including the Asian citrus psyllid and citrus greening,
  in citrus plants in the state under the supervision of the
  department as provided by this chapter.
         (b)  The commissioner may terminate the corporation's
  designation as the entity recognized to carry out citrus pest and
  disease [Asian citrus psyllid] control and management by giving 45
  days' written notice to the corporation and by designating a
  successor entity.  If the commissioner designates a successor to
  the corporation, the successor has all the powers and duties of the
  corporation under this chapter.  Any successor to the corporation
  shall assume and shall be responsible for all obligations and
  liabilities relating to any notes, security agreements,
  assignments, loan agreements, and any other contracts or other
  documents entered into by the corporation with or for the benefit of
  any financial institution or its predecessor, successor, or
  assignee.
         SECTION 3.  Section 80.003, Agriculture Code, is amended by
  amending Subdivisions (7), (10), (11), and (13) and adding
  Subdivisions (14) and (15) to read as follows:
               (7)  "Suppression" means control of the numbers and
  migration of a pest [the Asian citrus psyllid] to the extent that
  the commissioner does not consider further management of the pest
  [Asian citrus psyllid] necessary to prevent economic loss to citrus
  producers.
               (10)  "Host" means a plant or plant product in which a
  pest [the Asian citrus psyllid] is capable of completing any
  portion of its life cycle.
               (11)  "Infested" means the presence of a pest [the
  Asian citrus psyllid] in any life stage or the existence of
  generally accepted [entomological] evidence from which it may be
  concluded with reasonable certainty that a pest [the Asian citrus
  psyllid] is present.
               (13)  "Regulated article" means an article carrying or
  capable of carrying a pest [the Asian citrus psyllid], including
  citrus plants, nursery plants, citrus rootstock, or other hosts.
               (14)  "Disease" means an impairment of the normal state
  of citrus, caused by a virus or organism, that interrupts or
  modifies the performance of vital functions in citrus.  The term
  includes citrus greening.
               (15)  "Pest" means a virus or organism that causes
  disease or other damage to citrus and that is designated by
  commissioner rule for suppression under this chapter.  The term
  includes the Asian citrus psyllid.
         SECTION 4.  Section 80.006(c), Agriculture Code, is amended
  to read as follows:
         (c)  A proposed pest management zone referendum ballot must
  include or be accompanied by information about the proposed pest
  management zone, including:
               (1)  a statement of the purpose of the pest [Asian
  citrus psyllid] suppression program;
               (2)  the geographic area included in the proposed pest
  management zone;
               (3)  a general summary of rules adopted by the
  commissioner under Sections 80.016, 80.020, and 80.022, including a
  description of:
                     (A)  citrus producer responsibilities; and
                     (B)  penalties for noncompliance with rules
  adopted under this chapter; and
               (4)  an address and toll-free telephone number that a
  citrus producer may use to request more information about the
  referendum or the pest [Asian citrus psyllid] suppression program.
         SECTION 5.  Section 80.008(b), Agriculture Code, is amended
  to read as follows:
         (b)  In making appointments under this section, the
  commissioner shall appoint the following board members, selected
  from a variety of citrus-growing regions of the state, for
  four-year terms:
               (1)  an agricultural lender;
               (2)  an independent entomologist who is an integrated
  pest management specialist;
               (3)  a representative from an industry [two
  representatives from industries] allied with citrus production;
  [and]
               (4)  a representative from the pest control industry;
  and
               (5)  a representative of the nursery or ornamental
  citrus sales industry.
         SECTION 6.  Sections 80.014(a) and (b), Agriculture Code,
  are amended to read as follows:
         (a)  On the determination by the corporation that the pest
  [Asian citrus psyllid] suppression program has been completed in
  all pest management zones established under this chapter, the
  corporation shall provide notice of the completion to the
  commissioner along with a request for discontinuance of the control
  and suppression program and collection of the assessment.  Any
  request under this subsection must include documentation
  supporting the fact that pests are [the Asian citrus psyllid is] no
  longer a threat to the state's citrus industry and a plan for
  discontinuance of the program and assessment.
         (b)  The commissioner shall determine whether or not the
  further suppression of pests [the Asian citrus psyllid] is
  necessary in the pest management zones and approve or disapprove
  discontinuance of the corporation and the plan for dissolution.
         SECTION 7.  Section 80.015(a), Agriculture Code, is amended
  to read as follows:
         (a)  The commissioner shall propose the assessment needed in
  each pest management zone to ensure the stability of the citrus
  industry by suppressing the public nuisance caused by pests [the
  Asian citrus psyllid].
         SECTION 8.  Section 80.016(i), Agriculture Code, is amended
  to read as follows:
         (i)  A public hearing regarding the proposed suppression
  program, including information regarding regulations to be
  promulgated by the commissioner, may be held by the commissioner in
  each of several locations in each [Asian citrus psyllid] pest
  management zone.
         SECTION 9.  Section 80.019, Agriculture Code, is amended to
  read as follows:
         Sec. 80.019.  ENTRY OF PREMISES; SUPPRESSION ACTIVITIES;
  INSPECTIONS. The department, the corporation, or a designated
  representative of either entity may enter citrus groves or other
  premises to carry out the purposes of this chapter, which include
  the treatment and monitoring of growing citrus or other host
  plants.  The department, the corporation, or a designated
  representative of either entity may inspect groves or premises in
  this state for the purpose of determining whether the property is
  infested with pests [the Asian citrus psyllid or citrus greening].  
  An inspection must be conducted during reasonable daylight hours.  
  The department shall give notice by publication of the planned
  schedule of dates for entry by the department, the corporation, or a
  designated representative of either entity, to the owner or
  occupant of the groves or premises to carry out the purposes of this
  chapter, including treatment, monitoring, or inspection functions.  
  The department shall publish notice of the planned schedule to
  enter the groves or premises in a newspaper of general circulation
  in the pest management zone not less than once a week for two weeks
  immediately before the scheduled dates of entry.  In addition to the
  notice published by the department, the corporation shall post
  notice of the planned schedule to enter groves or premises to carry
  out the purposes of this chapter at the county courthouse of each
  county in the pest management zone not later than the 15th day
  before the planned dates of entry.
         SECTION 10.  Section 80.020(b), Agriculture Code, is amended
  to read as follows:
         (b)  The commissioner may adopt rules requiring all growers
  of citrus in a pest management zone to participate in a pest [an
  Asian citrus psyllid] suppression program and growers of commercial
  citrus to participate in pest and disease management programs that
  include cost sharing as required by the rules.
         SECTION 11.  Sections 80.022(a) and (b), Agriculture Code,
  are amended to read as follows:
         (a)  The commissioner shall adopt rules to protect
  individuals, livestock, wildlife, and honeybee colonies on any
  premises in a pest management zone on which citrus plants are being
  grown that have been or are being treated to control or suppress
  pests [the Asian citrus psyllid and citrus greening].
         (b)  Rules adopted under this section shall establish the
  criteria by which the corporation develops its procedures and
  methods of treatment, which shall:
               (1)  establish a methodology for determining when pest
  [Asian citrus psyllid] population levels have reached economic
  significance or when disease [citrus greening] is present;
               (2)  establish an effective treatment regimen that
  seeks to provide the least possible risk to workers, the public, and
  the environment;
               (3)  minimize the effects of the use of pesticides on
  long-term control methods, including but not limited to the effect
  a particular pesticide may have on biological controls;
               (4)  establish methods for monitoring [Asian citrus
  psyllids, citrus greening, and secondary] pests;
               (5)  establish methods for verifying pesticide use
  reduction; and
               (6)  consider the acute and chronic toxicity of
  particular pesticides and the quantity of particular pesticides
  needed.  Pest management zone treatment plans may take into account
  the potential for the use of smaller quantities of more toxic
  substances to result in fewer health and environmental risks than
  larger quantities of less toxic substances.
         SECTION 12.  Section 80.024, Agriculture Code, is amended to
  read as follows:
         Sec. 80.024.  DOCUMENTING REGULATED ARTICLES. To implement
  this chapter, the department may issue or authorize issuance of:
               (1)  a certificate that indicates that a regulated
  article is not infested with pests [the Asian citrus psyllid]; and
               (2)  a permit that provides for the movement of a
  regulated article to a restricted destination for limited handling,
  use, or processing.
         SECTION 13.  Section 80.025(a), Agriculture Code, is amended
  to read as follows:
         (a)  The corporation may carry out programs to destroy and
  manage pests [the Asian citrus psyllid and citrus greening] in this
  state by cooperating through written agreements, as approved by the
  commissioner, with:
               (1)  an agency of the federal government;
               (2)  a state agency;
               (3)  an appropriate agency of a foreign country
  contiguous to the affected area to the extent allowed by federal
  law;
               (4)  a person who is engaged in growing, processing,
  marketing, or handling citrus;
               (5)  a group of persons in this state involved in
  similar programs to carry out the purposes of this chapter; or
               (6)  an appropriate state agency of another state
  contiguous to the affected area, to the extent allowed by federal
  law, the law of the contiguous state, and the law of this state.
         SECTION 14.  Section 80.026(a), Agriculture Code, is amended
  to read as follows:
         (a)  The commissioner shall develop rules and procedures to:
               (1)  protect the eligibility of organic citrus
  producers to be certified by the commissioner;
               (2)  ensure that organic and transitional
  certifications by the commissioner continue to meet national
  certification standards in order for organic citrus to maintain
  international marketability; and
               (3)  in all events maintain the effectiveness of the
  pest [Asian citrus psyllid] suppression program and disease [citrus
  greening] management administered under this chapter.
         SECTION 15.  Section 80.008(b), Agriculture Code, as amended
  by this Act, applies only to a member of the board of directors of
  the Texas Citrus Pest and Disease Management Corporation, Inc.,
  appointed on or after the effective date of this Act.  A member
  appointed before the effective date of this Act may continue to
  serve until the expiration of the member's term.
         SECTION 16.  This Act takes effect September 1, 2015.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1749 passed the Senate on
  April 22, 2015, by the following vote:  Yeas 29, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1749 passed the House on
  April 30, 2015, by the following vote:  Yeas 138, Nays 1, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor