Bill Text: TX HB2089 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the detection and mitigation of plant pests and diseases.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2021-05-15 - Effective on 9/1/21 [HB2089 Detail]
Download: Texas-2021-HB2089-Introduced.html
Bill Title: Relating to the detection and mitigation of plant pests and diseases.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2021-05-15 - Effective on 9/1/21 [HB2089 Detail]
Download: Texas-2021-HB2089-Introduced.html
87R4877 BEF-F | ||
By: Burrows | H.B. No. 2089 |
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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. |