CHAPTER 19. CITRUS BUDWOOD CERTIFICATION PROGRAM

AGRICULTURE CODE

TITLE 2. DEPARTMENT OF AGRICULTURE

CHAPTER 19. CITRUS BUDWOOD CERTIFICATION PROGRAM

Sec. 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, Sec. 1, eff. June 8,

1995. Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 1, eff.

June 19, 1997.

Sec. 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, Sec. 1, eff. June 8,

1995. Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 2, eff.

June 19, 1997.

Sec. 19.003. SCOPE. This chapter applies to all citrus

nurseries and citrus growers.

Added by Acts 1995, 74th Leg., ch. 358, Sec. 1, eff. June 8,

1995. Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 3, eff.

June 19, 1997.

Sec. 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, Sec. 1, eff. June 8,

1995. Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 4, eff.

June 19, 1997.

Sec. 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, Sec. 1, eff. June 8,

1995.

Sec. 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, Sec. 1, eff. June 8,

1995. Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 5, eff.

June 19, 1997.

Sec. 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, Sec. 1, eff. June 8,

1995. Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 6, eff.

June 19, 1997.

Sec. 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, Sec. 1, eff. June 8,

1995.

Sec. 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, Sec. 1, eff. June 8,

1995.

Sec. 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, Sec. 1, eff. June 8,

1995.

Sec. 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, Sec. 1, eff. June 8,

1995. Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 7, eff.

June 19, 1997.

Sec. 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;

(2) uses, for commercial purposes, citrus budwood that is

required by department rule to be certified and is not certified

or does not come from a designated foundation grove; or

(3) 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, Sec. 1, eff. June 8,

1995. Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 8, eff.

Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 9.06, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. June 8,

1995.

Sec. 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;

(3) uses, for commercial purposes, citrus budwood that is

required by department rule to be certified and is not certified

or does not come from a designated foundation grove; or

(4) fails to comply with an order of the department issued under

this chapter.

Added by Acts 1995, 74th Leg., ch. 358, Sec. 1, eff. June 8,

1995. Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 9, eff.

Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 9.07, eff. September 1, 2009.