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.