Bill Text: TX HB2495 | 2015-2016 | 84th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to citrus pest and disease management; amending provisions subject to a criminal penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-04-30 - Laid on the table subject to call [HB2495 Detail]

Download: Texas-2015-HB2495-Introduced.html

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84R10181 BEF-D
By: Martinez H.B. No. 2495

A BILL TO BE ENTITLED
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. 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 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. This Act takes effect September 1, 2015.