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House Bill 1494 |
House Author: King, Tracy O. |
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Effective: See below |
Senate Sponsor: Hinojosa |
House Bill 1494 sets out provisions relating to certain regulatory programs administered by the Texas Department of Agriculture (TDA). Article 1 amends the Agriculture Code to revise TDA administrative penalty procedures to require, rather than authorize, a person charged with an applicable violation to accept the determination of the TDA that a violation has occurred or make a written request for a hearing on the determination. The article makes related changes regarding such requirement. Article 2 provides for e-mail notification of an impending TDA license or registration expiration.
Article 3 provides for the recovery by the TDA and the attorney general of reasonable expenses incurred in obtaining injunctive relief and civil penalties relating to weights and measures violations. The article revises provisions relating to liquid capacity standards.
The article authorizes the TDA to issue and enforce an order to stop the sale of a commodity or service if the TDA has reason to believe that the commodity or service is being sold or offered for sale by or through the use of a weighing or measuring device that is in violation of weights and measures provisions. The article authorizes the TDA to inspect a weighing or measuring device and related records to determine whether the device is in compliance with applicable provisions if the TDA has reason to believe that the device is being used for a commercial transaction and the device is not registered with the TDA.
The article revises provisions relating to TDA inspection of weighing and measuring devices, required registration regarding such devices, and the repair and destruction of incorrect devices. Among other things, the article authorizes the TDA to implement risk-based inspections, respond to complaints, and, as a term of probation, require or perform additional inspection and testing of commercial weighing or measuring devices. The bill prohibits a device owner, operator, or user from destroying, replacing, or otherwise disposing of a device declared to be incorrect or condemned except as provided by TDA rule. The article also revises provisions relating to the state's weights and measures standards used in inspections and authorizes, rather than requires, the TDA to collect a fee for each test of a weighing or measuring device.
The article sets out provisions relating to the licensing of service technicians and service companies. The article specifies the actions that constitute device maintenance activities, specifies the powers and duties of the TDA in regard to such licensing, and provides exemptions from license requirements. The article, effective March 1, 2014, requires a nonexempt individual to hold a service technician license in order to perform or offer to perform device maintenance, to hold a service company license in order to employ an individual who performs or offers to perform device maintenance activities, or to hold a service technician license and a service company license in order to perform or offer to perform device maintenance activities as a sole proprietor. The article, effective March 1, 2014, makes it a Class B misdemeanor to violate these license requirements or to cause another person to violate the requirements and enhances the penalty for a subsequent conviction to a Class A misdemeanor. The article sets out related application requirements, service technician license requirements, and service company license requirements. The article provides for a required insurance policy for a service company. The article sets out provisions relating to the term of a license, license renewal, and authorized practices by a license holder.
The article revises numerous provisions regarding weights and measures violations and offenses. The article:
· removes the Class C misdemeanor offense relating to a violation of a TDA rule relating to legal weights and measures standards;
· makes the following offenses a violation of provisions relating to weights and measures rather than a Class C misdemeanor: offenses relating to standard net weight or count set by rule; sale of commodities by proper measure; sale of milk or cream in a nonstandard container; sale of cheese, meat, or meat food product by nonstandard weight; misrepresentation of price or quantity; false representation of commodity quantity; and sale of a commodity in violation of certain provisions;
· specifies that the offense relating to the use of an incorrect weighing or measuring device applies only if the applicable person knowingly uses an incorrect weighing or measuring device;
· removes the Class C misdemeanor offense for failure or refusal to comply with tolerances and specifications for commercial weighing or measuring devices;
· removes the Class C misdemeanor offense of neglecting to allow a test of a weighing or measuring device;
· specifies that the Class C misdemeanor offense of refusing to allow a test of a weighing or measuring device includes the refusal to allow an authorized test;
· includes in the offense of removal of a registration tag the removal of a registration tag required by the TDA; and
· specifies that an applicable person commits an offense relating to the sale or use of an incorrect weighing or measuring device only if the person knowingly performs an action that constitutes such an offense.
The article repeals provisions relating to a service person registration requirement and, effective March 1, 2014, repeals provisions governing the inspection and testing of liquefied petroleum gas meters, inspection and testing of ranch scales, and licensed inspectors of weighing and measuring devices.
Article 4 removes statutory notice requirements for a referendum and election of a certified organization under provisions governing commodity producers' boards and instead requires the commissioner of agriculture by rule to prescribe the manner for providing public notice of the referendum and election.
Article 5 amends provisions relating to the official citrus producers' pest and disease management corporation to include in the term "citrus producer" a person who grows citrus and intends to receive income from the sale of citrus. The article sets out additional criteria regarding who is considered a citrus producer under such provisions.
Article 6 amends the Government Code to make provisions relating to state building construction and acquisition and surplus and salvage property inapplicable to the disposition, sale, or transfer of a pen, shed, or ancillary building constructed by and for the TDA for the processing of livestock before export.
Except as otherwise noted, House Bill 1494 takes effect September 1, 2013.