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.