By Cuellar of Hidalgo                                 H.B. No. 2489
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the handling and marketing of citrus fruits and
    1-3  vegetables and to the produce recovery fund.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 101.003, Agriculture Code, is amended  by
    1-6  amending Subsection (b) and adding Subsection (c) to read as
    1-7  follows:
    1-8        (b)  This section does not apply to<:>
    1-9              <(1)  a retailer, unless the retailer:>
   1-10                    <(A)  has annual sales of vegetables and citrus
   1-11  fruit that comprise 75 percent or more of the retailer's total
   1-12  sales; or>
   1-13                    <(B)  employs a buying agent who buys directly
   1-14  from a producer; or>
   1-15              <(2)>  a producer who handles or deals exclusively in
   1-16  the producer's own products.
   1-17        (c)  A person who holds a license under this section is also
   1-18  considered, without paying an additional fee, to hold a license
   1-19  under Section 102.003 of this code.
   1-20        SECTION 2.  Section 101.004(b), Agriculture Code, is amended
   1-21  to read as follows:
   1-22        (b)  A person shall apply for licensing as a <commission>
   1-23  merchant if the person:
   1-24              (1)  purchases vegetables on credit;
    2-1              (2)  takes possession of vegetables for consignment or
    2-2  handling on behalf of the producer or owner of the vegetables; or
    2-3              (3)  takes possession of vegetables for consignment or
    2-4  handling in a manner that does not require or result in payment to
    2-5  the producer, seller, or consignor of the full amount of the
    2-6  purchase price in United States currency at the time of delivery or
    2-7  at the time that the vegetables pass from the producer, seller, or
    2-8  consignor to the person.
    2-9        SECTION 3.  Section 101.006(a), Agriculture Code, is amended
   2-10  to read as follows:
   2-11        (a)  A <Except as otherwise provided by this section, a>
   2-12  person applying for a license as a merchant shall include with the
   2-13  license application a license fee of $100 <$75>.
   2-14        SECTION 4.  Sections 101.010(a) and (b), Agriculture Code,
   2-15  are amended to read as follows:
   2-16        (a)  In accordance with the rules of the department, a person
   2-17  licensed as a <commission> merchant <or retailer> may apply to the
   2-18  department for a reasonable number of identification cards for:
   2-19              (1)  transporting agents to act for the license holder
   2-20  <licensee> in the transporting of vegetables; and
   2-21              (2)  buying agents to act for the license holder
   2-22  <licensee> in any act requiring licensing under Section 101.003 of
   2-23  this code.
   2-24        (b)  The department may collect a fee not to exceed $5 for
   2-25  each card and shall issue transporting agent cards in a color
   2-26  different from buying agent cards.
   2-27        SECTION 5.  Section 101.020(a), Agriculture Code, is amended
    3-1  to read as follows:
    3-2        (a)  A person commits an offense if the person:
    3-3              (1)  acts in violation of Section 101.003 of this code
    3-4  without first obtaining a license or after receiving notice of
    3-5  cancellation of a license;
    3-6              (2)  acts or assumes to act as a <commission> merchant
    3-7  without first obtaining a license as a <commission> merchant;
    3-8              (3)  acts or assumes to act as a transporting agent or
    3-9  buying agent without first obtaining an identification card;
   3-10              (4)  as a transporting agent or buying agent, fails and
   3-11  refuses to turn over to the department an identification card in
   3-12  accordance with Section 101.010(e) of this code;
   3-13              (5)  as a license holder <licensee>, fails to furnish
   3-14  information under Section 101.017 of this code before the 11th day
   3-15  following the date of demand;
   3-16              (6)  as a license holder <licensee>, fails to settle
   3-17  with a producer or seller on the grade and quality of vegetables in
   3-18  the manner provided by Section 101.015 of this code;
   3-19              (7)  as a cash dealer, pays for vegetables by a means
   3-20  other than United States currency;
   3-21              (8)  as a license holder <licensee>, transporting
   3-22  agent, or buying agent, violates a provision of this chapter;
   3-23              <(9)  acts or assumes to act as a retailer without
   3-24  first obtaining a license as a retailer;> or
   3-25              (9) <(10)>  acts or assumes to act as a cash dealer
   3-26  without first obtaining a license as a cash dealer.
   3-27        SECTION 6.  Section 102.003, Agriculture Code, is amended  by
    4-1  amending Subsection (b) and adding Subsection (c)  to read as
    4-2  follows:
    4-3        (b)  This section does not apply to:
    4-4              (1)  <a retailer, unless the retailer:>
    4-5                    <(A)  has annual sales of citrus fruit and
    4-6  vegetables that comprise 75 percent or more of the retailer's total
    4-7  sales; or>
    4-8                    <(B)  employs a buying agent who buys directly
    4-9  from a producer;>
   4-10              <(2)>  a person shipping less than six standard boxes
   4-11  of citrus fruit in any one separate shipment;
   4-12              (2) <(3)>  a person who ships a noncommercial shipment
   4-13  of citrus fruit; or
   4-14              (3) <(4)>  a producer who handles or deals exclusively
   4-15  in the producer's own products.
   4-16        (c)  A person who holds a license under this section is also
   4-17  considered, without paying an additional fee, to hold a license
   4-18  under Section 101.003 of this code.
   4-19        SECTION 7.  Section 102.004(b), Agriculture Code, is amended
   4-20  to read as follows:
   4-21        (b)  A person shall apply for licensing as a <commission>
   4-22  merchant if the person:
   4-23              (1)  purchases citrus fruit on credit;
   4-24              (2)  takes possession of citrus fruit for consignment
   4-25  or handling on behalf of the producer or owner of the fruit; or
   4-26              (3)  takes possession of citrus fruit for consignment
   4-27  or handling in a manner or under a contract that does not require
    5-1  or result in payment to the producer, seller, or consignor of the
    5-2  full amount of the purchase price in United States currency at the
    5-3  time of delivery or at the time the citrus fruit passes from the
    5-4  producer or seller to the person.
    5-5        SECTION 8.  Section 102.006(a), Agriculture Code, is amended
    5-6  to read as follows:
    5-7        (a)  A <Except as otherwise provided by this section, a>
    5-8  person applying for a license as a merchant shall include with the
    5-9  license application a license fee of $100 <$75>.
   5-10        SECTION 9.  Sections 102.010(a) and (b), Agriculture Code,
   5-11  are amended to read as follows:
   5-12        (a)  In accordance with the rules of the department, a person
   5-13  licensed as a <commission> merchant <or retailer> may apply to the
   5-14  department for a reasonable number of identification cards for:
   5-15              (1)  transporting agents to act for the license holder
   5-16  <licensee> in the transporting of citrus fruits; and
   5-17              (2)  buying agents to act for the license holder
   5-18  <licensee> in any act requiring licensing under Section 102.003 of
   5-19  this code.
   5-20        (b)  The department may collect a fee not to exceed $1 for
   5-21  each card and shall issue transporting agent cards in a color
   5-22  different from buying agent cards.
   5-23        SECTION 10.  Section 102.021(a), Agriculture Code, is amended
   5-24  to read as follows:
   5-25        (a)  A person commits an offense if the person:
   5-26              (1)  acts in violation of Section 102.003 of this code
   5-27  without a license or after receiving notice of cancellation of a
    6-1  license;
    6-2              (2)  acts or assumes to act as a <commission> merchant
    6-3  without a license as a <commission> merchant;
    6-4              (3)  acts or assumes to act as a transporting agent or
    6-5  buying agent without an identification card or after receiving
    6-6  notice of cancellation of an identification card;
    6-7              (4)  as a transporting agent or buying agent, fails and
    6-8  refuses to turn over to the department an identification card in
    6-9  accordance with Section 102.010(e) of this code;
   6-10              (5)  as a license holder <licensee>, fails to furnish
   6-11  information under Section 102.018 of this code before the 11th day
   6-12  following the date of demand;
   6-13              (6)  as a license holder <licensee>, buys citrus fruit
   6-14  by weight and does not have the fruit weighed on state-tested
   6-15  scales;
   6-16              (7)  as a license holder <licensee>, fails to settle
   6-17  with a producer or seller on the grade and quality of citrus fruit
   6-18  in the manner provided by Section 102.015 of this code;
   6-19              (8)  as a cash dealer, pays for citrus fruit by a means
   6-20  other than United States currency;
   6-21              (9)  fails to maintain records required by Section
   6-22  102.017(b) of this code;
   6-23              (10)  as a license holder <licensee>, transporting
   6-24  agent, or buying agent, violates a provision of this subchapter;
   6-25              <(11)  acts or assumes to act as a retailer without a
   6-26  license as a retailer;> or
   6-27              (11) <(12)>  acts or assumes to act as a cash dealer
    7-1  without a license as a cash dealer.
    7-2        SECTION 11.  Section 103.002(a), Agriculture Code, is amended
    7-3  to read as follows:
    7-4        (a)  The produce recovery fund is a special trust fund with
    7-5  the state treasurer administered by the department, without
    7-6  appropriation, for the payment of claims against <commission>
    7-7  merchants <and retailers> licensed under Chapter 101 or 102 of this
    7-8  code.
    7-9        SECTION 12.  Section 103.005, Agriculture Code, is amended to
   7-10  read as follows:
   7-11        Sec. 103.005.  Initiation of Claim.  (a)  A person who deals
   7-12  with a  <commission> merchant  <or retailer> licensed under Chapter
   7-13  101 or 102 of this code in the purchasing, handling, selling, and
   7-14  accounting for sales of vegetables or citrus fruit and who is
   7-15  aggrieved by an action of the  <commission> merchant <or retailer>
   7-16  as a result of a violation of terms or conditions of a contract
   7-17  made by the <commission> merchant <or retailer> may initiate a
   7-18  claim against the fund by filing with the department:
   7-19              (1)  a sworn complaint against the  <commission>
   7-20  merchant <or retailer>; and
   7-21              (2)  a filing fee of $15.
   7-22        (b)  A complaint and the fee under Subsection (a) of this
   7-23  section must be filed on or before the first anniversary of the
   7-24  date of the violation, or recovery from the fund is barred.
   7-25        SECTION 13.  Section 103.0055, Agriculture Code, is amended
   7-26  to read as follows:
   7-27        Sec. 103.0055.  Bankruptcy of Merchant or Retailer.  For
    8-1  purposes of this chapter, the amount due an aggrieved party by a
    8-2  <commission> merchant <or retailer> is not affected by a final
    8-3  judgment of a bankruptcy court that releases the <commission>
    8-4  merchant <or retailer> from the legal duty to satisfy the claim.
    8-5        SECTION 14.  Section 103.006(a), Agriculture Code, is amended
    8-6  to read as follows:
    8-7        (a)  After a claim is initiated, the department shall
    8-8  investigate the complaint and determine the amount due the
    8-9  aggrieved party.  If the amount determined by the department is
   8-10  disputed by the <commission> merchant <or retailer> or the
   8-11  aggrieved party, the board shall conduct a hearing on the claim and
   8-12  determine the amount due the aggrieved party.
   8-13        SECTION 15.  Section 103.007(a), Agriculture Code, is amended
   8-14  to read as follows:
   8-15        (a)  If the amount determined by the department's
   8-16  investigation to be due the aggrieved party is not disputed by the
   8-17  <commission> merchant <or retailer> or the aggrieved party, the
   8-18  department shall pay the claim within the limits prescribed by this
   8-19  chapter.
   8-20        SECTION 16.  Section 103.008, Agriculture Code, is amended by
   8-21  amending Subsections (b), (c), and (d) and adding Subsection (f) to
   8-22  read as follows:
   8-23        (b)  The total payment of all claims filed by a claimant and
   8-24  arising from all contracts and all transactions executed between
   8-25  that claimant and a single merchant during a single license year
   8-26  <the same transaction> may not exceed $20,000.
   8-27        (c)  The total payment of claims against a single
    9-1  <commission> merchant <or retailer> may not exceed $50,000 in any
    9-2  one year.
    9-3        (d)  The department may not pay a claim against:
    9-4              (1)  a <commission> merchant <or retailer> who was not
    9-5  licensed on the date the contract <at the time of the transaction>
    9-6  on which the claim is based was executed; or
    9-7              (2)  a cash dealer licensed under Chapter 101 or 102 of
    9-8  this code.
    9-9        (f)  If a merchant owes money to the produce recovery fund at
   9-10  the time the merchant makes a claim against the fund, the
   9-11  department shall offset the amount owed to the fund from the amount
   9-12  dispensed.
   9-13        SECTION 17.  Sections 103.009(a), (c), and (d), Agriculture
   9-14  Code, are amended to read as follows:
   9-15        (a)  If the department pays a claim against a <commission>
   9-16  merchant <or retailer>, the <commission> merchant <or retailer>
   9-17  shall:
   9-18              (1)  reimburse the fund immediately or agree in writing
   9-19  to reimburse the fund on a schedule to be determined by rule of the
   9-20  department; and
   9-21              (2)  immediately pay the aggrieved party any amount due
   9-22  that party or agree in writing to pay the aggrieved party on a
   9-23  schedule to be determined by rule of the department.
   9-24        (c)  If the <commission> merchant <or retailer> does not
   9-25  reimburse the fund or pay the aggrieved party, or does not agree to
   9-26  do so, in accordance with this section, the department shall issue
   9-27  an order canceling the license of the <commission> merchant <or
   10-1  retailer> and may not issue a new license to that person for four
   10-2  years from the date of cancellation.  If the <commission> merchant
   10-3  <or retailer> is a corporation, an officer or director of the
   10-4  corporation or a person owning more than 25 percent of the stock in
   10-5  the corporation may not be licensed as a <commission> merchant <or
   10-6  retailer> under Chapter 101 or 102 of this code during the
   10-7  four-year period in which the corporation is ineligible for
   10-8  licensing.
   10-9        (d)  This section does not apply to a <commission> merchant
  10-10  <or retailer> who is released by a final judgment of a bankruptcy
  10-11  court from the legal duty to satisfy the claim paid by the
  10-12  department.
  10-13        SECTION 18.  Section 103.010, Agriculture Code, is amended to
  10-14  read as follows:
  10-15        Sec. 103.010.  Subrogation of Rights.  If the department pays
  10-16  a claim against a <commission> merchant <or retailer>, the
  10-17  department is subrogated to all rights of the aggrieved party
  10-18  against the  <commission> merchant <or retailer> to the extent of
  10-19  the amount paid to the aggrieved party.
  10-20        SECTION 19.  Section 103.011, Agriculture Code, is amended to
  10-21  read as follows:
  10-22        Sec. 103.011.  Fee.  (a)  A <Except as otherwise provided by
  10-23  this section, a commission> merchant <or retailer> licensed under
  10-24  Chapter 101 or 102 of this code shall pay an annual fee to the fund
  10-25  of $200.
  10-26        (b)  <A retailer who is licensed under Chapter 101 or 102 of
  10-27  this code and whose annual purchases of vegetables and citrus fruit
   11-1  are less than $15,000 a year shall pay an annual fee of $50.>
   11-2        <(c)  A person who is required by Subsection (a) of this
   11-3  section to pay a fee of $200 and who is licensed in one of those
   11-4  classifications under both Chapters 101 and 102 of this code may
   11-5  pay a single fee of $250.  A person who is required by Subsection
   11-6  (b) of this section to pay a $50 fee and who is licensed in that
   11-7  classification under both Chapters 101 and 102 of this code may pay
   11-8  a single fee of $75.>
   11-9        <(d)>  A person licensed as a cash dealer or a marketing
  11-10  association organized under Chapter 52 of this code that handles
  11-11  citrus fruit only for its members is exempt from payment of the fee
  11-12  under this section.
  11-13        (c) <(e)>  The fee is in addition to any licensing fee paid
  11-14  and is due at the time of making the license application.  The
  11-15  department may not issue a license to a person who fails to pay the
  11-16  fee.
  11-17        SECTION 20.  Section 103.013(a), Agriculture Code, is amended
  11-18  to read as follows:
  11-19        (a)  A person commits an offense if the person acts or
  11-20  assumes to act as a <commission> merchant <or retailer> under
  11-21  Chapter 101 or 102 of this code without first paying the fee
  11-22  required by this chapter.
  11-23        SECTION 21.  Sections 101.004(d), 101.006(c) and (d),
  11-24  102.004(d), and 102.006(c) and (d), Agriculture Code, are repealed.
  11-25        SECTION 22.  A license or identification card that is issued
  11-26  under Chapters 101 and 102, Agriculture Code, and that is valid on
  11-27  the effective date of this Act remains valid until it expires or is
   12-1  revoked or suspended.
   12-2        SECTION 23.  This Act takes effect September 1, 1993.
   12-3        SECTION 24.  The importance of this legislation and the
   12-4  crowded condition of the calendars in both houses create an
   12-5  emergency and an imperative public necessity that the
   12-6  constitutional rule requiring bills to be read on three several
   12-7  days in each house be suspended, and this rule is hereby suspended.