By: Burrows (Senate Sponsor - Perry)	H.B. No. 2089
	(In the Senate - Received from the House April 13, 2021;
	April 13, 2021, read first time and referred to Committee on Water,
	Agriculture & Rural Affairs; April 20, 2021, reported favorably by
	the following vote:  Yeas 9, Nays 0; April 20, 2021, sent to
	printer.)
Click here to see the committee vote

	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.
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