2005 Texas Agriculture Code CHAPTER 19. CITRUS BUDWOOD CERTIFICATION PROGRAM


AGRICULTURE CODE
CHAPTER 19. CITRUS BUDWOOD CERTIFICATION PROGRAM
§ 19.001. PURPOSE. The purpose of this chapter is to: (1) establish a certified citrus budwood program to produce citrus trees that are horticulturally sound, are free from virus and other recognizable bud-transmissible diseases, and are of an assured type of citrus variety; (2) provide standards for foundation groves and certified citrus nursery trees; and (3) provide for an advisory council to make recommendations on the implementation of the program. Added by Acts 1995, 74th Leg., ch. 358, § 1, eff. June 8, 1995. Amended by Acts 1997, 75th Leg., ch. 1117, § 1, eff. June 19, 1997. § 19.002. DEFINITIONS. In this chapter: (1) "Advisory council" means the citrus budwood advisory council. (2) "Certified citrus budwood" means citrus budwood that meets standards required by the department for assurance of type of citrus variety and for freedom from dangerous pathogens. (3) "Citrus budwood" means a portion of a stem or branch of a citrus tree containing buds used in propagation by budding or grafting. (4) "Citrus grower" means a citrus producer growing and producing citrus for commercial marketing purposes. (5) "Citrus nursery" means a producer of citrus trees, propagated through the budding or grafting of citrus trees. (6) "Foundation grove" means a grove containing parent trees from which certified citrus budwood is obtained. Added by Acts 1995, 74th Leg., ch. 358, § 1, eff. June 8, 1995. Amended by Acts 1997, 75th Leg., ch. 1117, § 2, eff. June 19, 1997. § 19.003. SCOPE. This chapter applies to all citrus nurseries and citrus growers. Added by Acts 1995, 74th Leg., ch. 358, § 1, eff. June 8, 1995. Amended by Acts 1997, 75th Leg., ch. 1117, § 3, eff. June 19, 1997. § 19.004. CITRUS BUDWOOD CERTIFICATION PROGRAM. (a) The citrus budwood certification program is established. The department administers the program. (b) The department shall accomplish the purposes of the program through the designation of foundation groves, the certification of citrus budwood grown in foundation groves, and the periodic inspection of citrus nurseries to ensure that the citrus nurseries are using certified citrus budwood. (c) The department, with the advice of the advisory council, shall set standards for foundation groves, set standards for citrus budwood certification, designate individual foundation groves, and inspect citrus nurseries and the records of citrus nurseries to ensure that the citrus nurseries are using certified citrus budwood. (d) The department or the advisory council may not require the use of certified citrus budwood until the department and the advisory council determine that an adequate supply of certified citrus budwood is available. Added by Acts 1995, 74th Leg., ch. 358, § 1, eff. June 8, 1995. Amended by Acts 1997, 75th Leg., ch. 1117, § 4, eff. June 19, 1997. § 19.005. ADVISORY COUNCIL. (a) The commissioner shall appoint the advisory council. The advisory council is composed of seven members, including: (1) one member representing the department; (2) one member representing The Texas A&M University-Kingsville Citrus Center at Weslaco; (3) two members representing the citrus nursery industry; (4) two members representing citrus growers; and (5) one member having specialized knowledge in citrus diseases and pests. (b) A member serves a two-year term and may be reappointed. (c) Members of the advisory council are not eligible for reimbursement of expenses arising from service on the advisory council. Added by Acts 1995, 74th Leg., ch. 358, § 1, eff. June 8, 1995. § 19.006. RULES. The department, with the advice of the advisory council, shall adopt standards and rules: (1) necessary to administer the citrus budwood certification program; and (2) to regulate the sale of citrus budwood and citrus nursery trees as supplies of certified citrus budwood and certified citrus nursery trees become available. Added by Acts 1995, 74th Leg., ch. 358, § 1, eff. June 8, 1995. Amended by Acts 1997, 75th Leg., ch. 1117, § 5, eff. June 19, 1997. § 19.007. CERTIFICATION STANDARDS. (a) The department shall establish: (1) the certification standards for genetic purity for varieties of citrus budwood by type; (2) procedures that must be followed to prevent the introduction of dangerous citrus pathogens into budwood stock from and in foundation groves; (3) procedures for certification of citrus budwood grown in foundation groves; and (4) procedures for certification of citrus nursery trees. (b) The department shall establish standards and procedures for: (1) inspecting and testing for diseases, using current technologies in disease diagnosis, and for desirable horticultural characteristics of citrus budwood grown in designated foundation groves; (2) certifying citrus budwood meeting requirements established under this chapter; (3) maintaining a source of citrus budwood of superior tested varieties for distribution to the citrus industry; (4) verifying propagation of citrus varieties and special rootstocks for growers on request; and (5) maintaining appropriate records required for participation in the program. Added by Acts 1995, 74th Leg., ch. 358, § 1, eff. June 8, 1995. Amended by Acts 1997, 75th Leg., ch. 1117, § 6, eff. June 19, 1997. § 19.008. APPLYING FOR FOUNDATION GROVE DESIGNATION AND BUDWOOD CERTIFICATION. A person who desires to operate a foundation grove and produce certified citrus budwood for sale to the citrus industry shall apply for foundation grove designation and citrus budwood certification in accordance with rules adopted by the department. Added by Acts 1995, 74th Leg., ch. 358, § 1, eff. June 8, 1995. § 19.009. REVOCATION. The department shall establish rules regarding the revocation of foundation grove designation and citrus budwood certification. Added by Acts 1995, 74th Leg., ch. 358, § 1, eff. June 8, 1995. § 19.010. PROGRAM COST; FEES; ACCOUNT. (a) The department shall set and collect fees from persons applying for foundation grove designation or citrus budwood certification. The department shall set the fees in an amount that recovers the department's costs in administering the citrus budwood certification program. The department may also accept funds from the citrus industry or other interested persons to cover the costs of administering the program. (b) All fees and funds collected or contributed under this section shall be deposited to the credit of an account in the general revenue fund. Money in the account may be appropriated only to the department for the purpose of administering this chapter. Added by Acts 1995, 74th Leg., ch. 358, § 1, eff. June 8, 1995. § 19.011. STOP-SALE ORDER. (a) If a person offers citrus budwood or a citrus nursery tree for sale falsely claiming that it is certified or that it comes from a designated foundation grove, or offers citrus budwood or a citrus nursery tree for sale in violation of rules adopted under this chapter, the department may issue a written order to stop the sale of that citrus budwood or citrus nursery tree. A person may not sell citrus budwood or a citrus nursery tree that is subject to a stop-sale order under this section until: (1) the sale is permitted by a court under Subsection (b); or (2) the department determines that the sale of the citrus budwood or citrus nursery tree is in compliance with this chapter and rules adopted under this chapter. (b) The person named in the order may bring suit in a court in the county where the citrus budwood or citrus nursery tree subject to the stop-sale order is located. After a hearing, the court may permit the citrus budwood or citrus nursery tree to be sold if the court finds the citrus budwood or citrus nursery tree is not being offered for sale in violation of this chapter. (c) This section does not limit the department's right to act under another section of this chapter. Added by Acts 1995, 74th Leg., ch. 358, § 1, eff. June 8, 1995. Amended by Acts 1997, 75th Leg., ch. 1117, § 7, eff. June 19, 1997. § 19.012. CRIMINAL PENALTY. (a) A person commits an offense if the person: (1) sells or offers to sell citrus budwood or a citrus nursery tree falsely claiming that it is certified or that it comes from a designated foundation grove; or (2) fails to comply with an order of the department issued under this chapter. (b) An offense under this section is a Class C misdemeanor. Added by Acts 1995, 74th Leg., ch. 358, § 1, eff. June 8, 1995. Amended by Acts 1997, 75th Leg., ch. 1117, § 8, eff. Sept. 1, 1997. § 19.013. CIVIL PENALTY; INJUNCTION. (a) A person who violates this chapter or an order adopted under this chapter is liable to the state for a civil penalty not to exceed $500 for each violation. Each day a violation continues is a separate violation for purposes of civil penalty assessment. (b) On request of the department, the attorney general or the county attorney or district attorney of the county in which the violation is alleged to have occurred shall file suit to collect the penalty. (c) A civil penalty collected under this section in a suit filed by the attorney general shall be deposited in the general revenue fund. A civil penalty collected under this section in a suit filed by a county or district attorney shall be divided between the state and the county in which the county or district attorney brought suit, with 50 percent of the amount collected paid to the state for deposit in the general revenue fund and 50 percent of the amount collected paid to the county. (d) The department is entitled to appropriate injunctive relief to prevent or abate a violation of this chapter or an order adopted under this chapter. On request of the department, the attorney general or the county or district attorney of the county in which the alleged violation is threatened or occurring shall file suit for the injunctive relief. Venue is in the county in which the alleged violation is threatened or is occurring. (e) A person is not subject to both a criminal penalty under Section 19.012 and a civil penalty under this section for the same violation of law. Added by Acts 1995, 74th Leg., ch. 358, § 1, eff. June 8, 1995. § 19.014. ADMINISTRATIVE PENALTIES. The department may assess an administrative penalty under Chapter 12 for a violation of this chapter if the department finds that a person: (1) sells or offers to sell citrus budwood or a citrus nursery tree falsely claiming that it is certified or that it comes from a designated foundation grove under this chapter; (2) uses citrus budwood in violation of rules adopted under this chapter; or (3) fails to comply with an order of the department issued under this chapter. Added by Acts 1995, 74th Leg., ch. 358, § 1, eff. June 8, 1995. Amended by Acts 1997, 75th Leg., ch. 1117, § 9, eff. Sept. 1, 1997.

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