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.
