Bill Text: TX SB1672 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the detection and mitigation of plant pests and diseases.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2019-05-10 - Committee report sent to Calendars [SB1672 Detail]
Download: Texas-2019-SB1672-Comm_Sub.html
By: Perry | S.B. No. 1672 | |
(Springer) | ||
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relating to the detection and mitigation of plant pests and | ||
diseases. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 71, Agriculture Code, is amended by | ||
adding Subchapter E to read as follows: | ||
SUBCHAPTER E. EARLY PLANT PEST DETECTION AND SURVEILLANCE | ||
Sec. 71.201. DEFINITIONS. In this subchapter: | ||
(1) "Cooperative agreement" means an agreement | ||
described by Section 71.202. | ||
(2) "Early plant pest detection and surveillance" | ||
means the full range of activities undertaken to detect plant pests | ||
newly introduced to this state or to a certain area of this state | ||
before the pest becomes established or an infestation of the pest | ||
becomes too large and costly to eradicate or control. The term | ||
includes activities undertaken to detect pests affecting specialty | ||
crops. | ||
(3) "Institution of higher education" has the meaning | ||
assigned by Section 61.003, Education Code. | ||
(4) "Specialty crop" means a fruit, vegetable, tree | ||
nut, dried fruit, or nursery crop, including floriculture. | ||
Sec. 71.202. COOPERATIVE AGREEMENT. (a) The department | ||
shall enter into a cooperative agreement with an institution of | ||
higher education that agrees to conduct early plant pest detection | ||
and surveillance. | ||
(b) In carrying out this section, the department shall | ||
consult with the State Seed and Plant Board and other interested | ||
parties. | ||
Sec. 71.203. APPLICATION. (a) An institution of higher | ||
education may apply to enter into a cooperative agreement by | ||
submitting to the department an application containing the | ||
information required by the department. | ||
(b) The department shall notify each applicant of the: | ||
(1) auditing and reporting requirements that will | ||
apply to an institution of higher education in connection with the | ||
use of any money provided by the department to the institution of | ||
higher education under the cooperative agreement; | ||
(2) criteria to be used to ensure that early plant pest | ||
detection and surveillance conducted under the cooperative | ||
agreement are based on sound scientific data or risk assessments; | ||
and | ||
(3) required means of identifying pathways of pest | ||
introduction. | ||
Sec. 71.204. USE OF FUNDS. (a) An institution of higher | ||
education shall use any money received under a cooperative | ||
agreement to carry out early plant pest detection and surveillance | ||
approved by the department to prevent the introduction or spread of | ||
a plant pest. | ||
(b) The non-state share of the cost of carrying out a | ||
cooperative agreement may be provided in-kind, including by | ||
covering certain indirect costs the department considers | ||
appropriate. | ||
(c) The department may not consider an applicant's ability | ||
to pay or cover non-state costs when deciding whether to enter into | ||
a cooperative agreement with the applicant. | ||
Sec. 71.205. SPECIAL FUNDING CONSIDERATIONS. The | ||
department shall provide money to an institution of higher | ||
education to carry out early plant pest detection and surveillance | ||
under a cooperative agreement if the department determines that: | ||
(1) the institution of higher education is in a region | ||
of this state that has a high risk of being affected by one or more | ||
plant pests or diseases based on: | ||
(A) the region's conduciveness to agricultural | ||
pest and disease establishment due to location, agricultural | ||
commodities produced, climate, crop diversity, or natural | ||
resources; or | ||
(B) the department's determination that an | ||
agricultural pest or disease in the region is a state or federal | ||
concern; and | ||
(2) the early plant pest detection and surveillance | ||
supported by the money will likely: | ||
(A) prevent the introduction and establishment | ||
of plant pests; and | ||
(B) provide a comprehensive approach to | ||
complement federal plant pest or disease detection efforts. | ||
Sec. 71.206. REPORTING REQUIREMENTS. An institution of | ||
higher education that conducts an early plant pest detection and | ||
surveillance activity using money provided under this subchapter | ||
shall, not later than the 90th day after the date the activity is | ||
completed, submit to the department a report describing the | ||
purposes and results of the activity. | ||
Sec. 71.207. THREAT IDENTIFICATION AND MITIGATION PROGRAM. | ||
(a) The department shall establish a threat identification and | ||
mitigation program to determine and address threats to the domestic | ||
production of crops, including specialty crops. | ||
(b) Under the program, the department shall: | ||
(1) develop risk assessments for potential threats | ||
from foreign sources to the agricultural industry of this state; | ||
(2) collaborate with the State Seed and Plant Board; | ||
and | ||
(3) implement action plans to assist in preventing the | ||
introduction and widespread dissemination of new or highly | ||
consequential plant pests and diseases in this state. | ||
(c) Not later than September 1 of each year, the department | ||
shall submit to the committees of the senate and house of | ||
representatives with primary jurisdiction over agriculture and | ||
rural affairs a report on the action plans described by this | ||
section, including an accounting of money spent in connection with | ||
those plans. | ||
SECTION 2. This Act takes effect September 1, 2019. |