By:  Cuellar, Renato                                  H.B. No. 2489
       73R5126 CAS-D
                                 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 the
   1-16  producer's own products; or
   1-17              (3)  a person paying for a vegetable in United States
   1-18  currency at or before the time delivery is made or possession is
   1-19  taken.
   1-20        (c)  A person who holds a license under this section is also
   1-21  considered, without paying an additional fee, to hold a license
   1-22  under Section 102.003 of this code.
   1-23        SECTION 2.  Section 101.005(a), Agriculture Code, is amended
   1-24  to read as follows:
    2-1        (a)  A person required under Section 101.003 of this code to
    2-2  be licensed shall apply for a license to the department on a form
    2-3  furnished by the department.  The application must be made under
    2-4  oath and contain the following information:
    2-5              (1)  the full name of the applicant and whether the
    2-6  applicant is an individual, partnership, corporation, exchange, or
    2-7  association;
    2-8              (2)  the full name and address of the principal
    2-9  business office of the applicant;
   2-10              (3)  the address of the applicant's principal business
   2-11  office in this state;
   2-12              (4)  if the applicant is a foreign corporation, the
   2-13  state in which the corporation is chartered and the name and
   2-14  address of an agent in this state for service of legal process; and
   2-15              (5)  the length of time that the applicant has been
   2-16  engaged in business in this state<; and>
   2-17              <(6)  the category of license for which the applicant
   2-18  is applying>.
   2-19        SECTION 3.  Section 101.006, Agriculture Code, is amended to
   2-20  read as follows:
   2-21        Sec. 101.006.  License Fee.  A  <(a)  Except as otherwise
   2-22  provided by this section, a> person applying for a license shall
   2-23  include with the license application a license fee of $100 <$75>.
   2-24        <(b)  The license fee for a cash dealer is $25.>
   2-25        <(c)  Except as otherwise provided by this section, a person
   2-26  who applies for a license as a commission merchant or retailer
   2-27  under both this chapter and Chapter 102 of this code is entitled to
    3-1  pay a single license fee of $75.  The person's license shall
    3-2  reflect that the person is licensed to handle both citrus fruit and
    3-3  vegetables.>
    3-4        <(d)  A person who applies for a license under Subsection (b)
    3-5  of this section and Subsection (b) of Section 102.006 of this code
    3-6  is entitled to pay a single license fee of $25.  The person's
    3-7  license shall reflect that the person is licensed to handle both
    3-8  citrus fruit and vegetables.>
    3-9        SECTION 4.  Sections 101.010(a) and (b), Agriculture Code,
   3-10  are amended to read as follows:
   3-11        (a)  In accordance with the rules of the department, a
   3-12  license holder <person licensed as a commission merchant or
   3-13  retailer> may apply to the department for a reasonable number of
   3-14  identification cards for:
   3-15              (1)  transporting agents to act for the license holder
   3-16  <licensee> in the transporting of vegetables; and
   3-17              (2)  buying agents to act for the license holder
   3-18  <licensee> in any act requiring licensing under Section 101.003 of
   3-19  this code.
   3-20        (b)  The department may collect a fee not to exceed $10 <$5>
   3-21  for each card and shall issue transporting agent cards in a color
   3-22  different from buying agent cards.
   3-23        SECTION 5.  Section 101.020(a), Agriculture Code, is amended
   3-24  to read as follows:
   3-25        (a)  A person commits an offense if the person:
   3-26              (1)  acts in violation of Section 101.003 of this code
   3-27  without first obtaining a license or after receiving notice of
    4-1  cancellation of a license;
    4-2              (2)  <acts or assumes to act as a commission merchant
    4-3  without first obtaining a license as a commission merchant;>
    4-4              <(3)>  acts or assumes to act as a transporting agent
    4-5  or buying agent without first obtaining an identification card;
    4-6              (3) <(4)>  as a transporting agent or buying agent,
    4-7  fails and refuses to turn over to the department an identification
    4-8  card in accordance with Section 101.010(e) of this code;
    4-9              (4) <(5)>  as a license holder <licensee>, fails to
   4-10  furnish information under Section 101.017 of this code before the
   4-11  11th day following the date of demand;
   4-12              (5) <(6)>  as a license holder <licensee>, fails to
   4-13  settle with a producer or seller on the grade and quality of
   4-14  vegetables in the manner provided by Section 101.015 of this code;
   4-15  or
   4-16              (6) <(7)  as a cash dealer, pays for vegetables by a
   4-17  means other than United States currency;>
   4-18              <(8)>  as a license holder <licensee>, transporting
   4-19  agent, or buying agent, violates a provision of this chapter<;>
   4-20              <(9)  acts or assumes to act as a retailer without
   4-21  first obtaining a license as a retailer; or>
   4-22              <(10)  acts or assumes to act as a cash dealer without
   4-23  first obtaining a license as a cash dealer>.
   4-24        SECTION 6.  Section 102.003, Agriculture Code, is amended by
   4-25  amending Subsection (b) and adding Subsection (c) to read as
   4-26  follows:
   4-27        (b)  This section does not apply to:
    5-1              (1)  a retailer, unless the retailer:
    5-2                    (A)  has annual sales of citrus fruit and
    5-3  vegetables that comprise 75 percent or more of the retailer's total
    5-4  sales; or
    5-5                    (B)  employs a buying agent who buys directly
    5-6  from a producer;
    5-7              (2)  a person shipping less than six standard boxes of
    5-8  citrus fruit in any one separate shipment;
    5-9              (3)  a person who ships a noncommercial shipment of
   5-10  citrus fruit; <or>
   5-11              (4)  a producer who handles or deals exclusively in the
   5-12  producer's own products; or
   5-13              (5)  a person paying for citrus fruit in United States
   5-14  currency at or before the time delivery is made or possession is
   5-15  taken.
   5-16        (c)  A person who holds a license under this section is also
   5-17  considered, without paying an additional fee, to hold a license
   5-18  under Section 101.003 of this code.
   5-19        SECTION 7.  Section 102.005(a), Agriculture Code, is amended
   5-20  to read as follows:
   5-21        (a)  A person required under Section 102.003 of this code to
   5-22  be licensed shall apply for a license to the department on a form
   5-23  furnished by the department.  The application must be made under
   5-24  oath and contain the following information:
   5-25              (1)  the full name of the applicant and whether the
   5-26  applicant is an individual, partnership, corporation, exchange, or
   5-27  association;
    6-1              (2)  the full name and address of the principal
    6-2  business office of the applicant;
    6-3              (3)  the address of the applicant's principal business
    6-4  office in this state;
    6-5              (4)  if the applicant is a foreign corporation, the
    6-6  state in which the corporation is chartered and the name and
    6-7  address of an agent in this state for service of legal process; and
    6-8              (5)  <the category of license for which the applicant
    6-9  is applying; and>
   6-10              <(6)>  the length of time that the applicant has been
   6-11  engaged in business in this state.
   6-12        SECTION 8.  Section 102.006, Agriculture Code, is amended to
   6-13  read as follows:
   6-14        Sec. 102.006.  License Fee .  A <(a)  Except as otherwise
   6-15  provided by this section, a> person applying for a license shall
   6-16  include with the license application a license fee of $100 <$75>.
   6-17        <(b)  The license fee for a cash dealer is $25.>
   6-18        <(c)  Except as otherwise provided by this section, a person
   6-19  who applies for a license as a commission merchant or retailer
   6-20  under both this chapter and Chapter 101 of this code is entitled to
   6-21  pay a single license fee of $75.  The person's license shall
   6-22  reflect that the person is licensed to handle both citrus fruit and
   6-23  vegetables.>
   6-24        <(d)  A person who applies for a license under Subsection (b)
   6-25  of this section and Subsection (b) of Section 101.006 of this code
   6-26  is entitled to pay a single license fee of $25.  The person's
   6-27  license shall reflect that the person is licensed to handle both
    7-1  citrus fruit and vegetables.>
    7-2        SECTION 9.  Sections 102.010(a) and (b), Agriculture Code,
    7-3  are amended to read as follows:
    7-4        (a)  In accordance with the rules of the department, a
    7-5  license holder <person licensed as a commission merchant or
    7-6  retailer> may apply to the department for a reasonable number of
    7-7  identification cards for:
    7-8              (1)  transporting agents to act for the license holder
    7-9  <licensee> in the transporting of citrus fruits; and
   7-10              (2)  buying agents to act for the license holder
   7-11  <licensee> in any act requiring licensing under Section 102.003 of
   7-12  this code.
   7-13        (b)  The department may collect a fee not to exceed $10 <$1>
   7-14  for each card and shall issue transporting agent cards in a color
   7-15  different from buying agent cards.
   7-16        SECTION 10.  Section 102.021(a), Agriculture Code, is amended
   7-17  to read as follows:
   7-18        (a)  A person commits an offense if the person:
   7-19              (1)  acts in violation of Section 102.003 of this code
   7-20  without a license or after receiving notice of cancellation of a
   7-21  license;
   7-22              (2)  <acts or assumes to act as a commission merchant
   7-23  without a license as a commission merchant;>
   7-24              <(3)>  acts or assumes to act as a transporting agent
   7-25  or buying agent without an identification card or after receiving
   7-26  notice of cancellation of an identification card;
   7-27              (3) <(4)>  as a transporting agent or buying agent,
    8-1  fails and refuses to turn over to the department an identification
    8-2  card in accordance with Section 102.010(e) of this code;
    8-3              (4) <(5)>  as a license holder <licensee>, fails to
    8-4  furnish information under Section 102.018 of this code before the
    8-5  11th day following the date of demand;
    8-6              (5) <(6)>  as a license holder <licensee>, buys citrus
    8-7  fruit by weight and does not have the fruit weighed on state-tested
    8-8  scales;
    8-9              (6) <(7)>  as a license holder <licensee>, fails to
   8-10  settle with a producer or seller on the grade and quality of citrus
   8-11  fruit in the manner provided by Section 102.015 of this code;
   8-12              (7) <(8)  as a cash dealer, pays for citrus fruit by a
   8-13  means other than United States currency;>
   8-14              <(9)>  fails to maintain records required by Section
   8-15  102.017(b) of this code; or
   8-16              (8) <(10)>  as a license holder <licensee>,
   8-17  transporting agent, or buying agent, violates a provision of this
   8-18  subchapter<;>
   8-19              <(11)  acts or assumes to act as a retailer without a
   8-20  license as a retailer; or>
   8-21              <(12)  acts or assumes to act as a cash dealer without
   8-22  a license as a cash dealer>.
   8-23        SECTION 11.  Sections 103.002(b) and (c), Agriculture Code,
   8-24  are amended to read as follows:
   8-25        (b)  Fees <collected under Section 101.008, 102.008, or
   8-26  103.011 of this code> and <50 percent of the> fines collected under
   8-27  Chapters 101 and 102 of this code and this chapter <Section
    9-1  101.020, 102.021, or 103.013 of this code> shall be deposited in
    9-2  the fund.
    9-3        (c)  The clerk of the county court or county court-at-law and
    9-4  the custodian of the county treasury funds shall keep separate
    9-5  records of all fines collected under Chapters 101 and 102 of this
    9-6  code and this chapter  <Section 101.020, 102.021, or 103.013 of
    9-7  this code>.  On the first day of each January, April, July, and
    9-8  October, the custodian of the funds in the county treasury shall
    9-9  remit <50 percent of> the fines collected under those chapters
   9-10  <sections> to the comptroller of public accounts, and the
   9-11  comptroller shall deposit that amount in the fund.
   9-12        SECTION 12.  Section 103.005, Agriculture Code, is amended to
   9-13  read as follows:
   9-14        Sec. 103.005.  Initiation of Claim.  (a)  A person who deals
   9-15  with a license holder <commission merchant or retailer licensed>
   9-16  under Chapter 101 or 102 of this code in the purchasing, handling,
   9-17  selling, and accounting for sales of vegetables or citrus fruit and
   9-18  who is aggrieved by an action of the license holder <commission
   9-19  merchant or retailer> as a result of a violation of terms or
   9-20  conditions of a contract made by the license holder <commission
   9-21  merchant or retailer> may initiate a claim against the fund by
   9-22  filing with the department:
   9-23              (1)  a sworn complaint against the license holder
   9-24  <commission merchant or retailer>; and
   9-25              (2)  a filing fee of $25 <$15>.
   9-26        (b)  A complaint and the fee under Subsection (a) of this
   9-27  section must be filed on or before the first anniversary of the
   10-1  date of the violation, or recovery from the fund is barred.
   10-2        SECTION 13.  Section 103.0055, Agriculture Code, is amended
   10-3  to read as follows:
   10-4        Sec. 103.0055.  Bankruptcy of Merchant or Retailer.  For
   10-5  purposes of this chapter, the amount due an aggrieved party by a
   10-6  license holder <commission merchant or retailer> is not affected by
   10-7  a final judgment of a bankruptcy court that releases the license
   10-8  holder <commission merchant or retailer> from the legal duty to
   10-9  satisfy the claim.
  10-10        SECTION 14.  Section 103.006(a), Agriculture Code, is amended
  10-11  to read as follows:
  10-12        (a)  After a claim is initiated, the department shall
  10-13  investigate the complaint and determine the amount due the
  10-14  aggrieved party.  If the amount determined by the department is
  10-15  disputed by the license holder <commission merchant or retailer> or
  10-16  the aggrieved party, the board shall conduct a hearing on the claim
  10-17  and determine the amount due the aggrieved party.
  10-18        SECTION 15.  Section 103.007(a), Agriculture Code, is amended
  10-19  to read as follows:
  10-20        (a)  If the amount determined by the department's
  10-21  investigation to be due the aggrieved party is not disputed by the
  10-22  license holder <commission merchant or retailer> or the aggrieved
  10-23  party, the department shall pay the claim within the limits
  10-24  prescribed by this chapter.
  10-25        SECTION 16.  Section 103.008, Agriculture Code, is amended by
  10-26  amending Subsections (b), (c), and (d) and adding Subsection (f) to
  10-27  read as follows:
   11-1        (b)  The total payment of all claims arising from a contract
   11-2  executed during a single license year with a single license holder
   11-3  <the same transaction> may not exceed $20,000.
   11-4        (c)  The total payment of claims against a single license
   11-5  holder <commission merchant or retailer> may not exceed $50,000 in
   11-6  any one year.
   11-7        (d)  The department may not pay a claim against<:>
   11-8              <(1)>  a person <commission merchant or retailer> who
   11-9  was not licensed on the date the contract <at the time of the
  11-10  transaction> on which the claim is based was executed<; or>
  11-11              <(2)  a cash dealer licensed under Chapter 101 or 102
  11-12  of this code>.
  11-13        (f)  If a license holder owes money to the produce recovery
  11-14  fund at the time the license holder makes a claim against the fund,
  11-15  the department shall offset the amount owed to the fund from the
  11-16  amount dispensed.
  11-17        SECTION 17.  Sections 103.009(a), (c), and (d), Agriculture
  11-18  Code, are amended to read as follows:
  11-19        (a)  If the department pays a claim against a license holder
  11-20  <commission merchant or retailer>, the license holder <commission
  11-21  merchant or retailer> shall:
  11-22              (1)  reimburse the fund immediately or agree in writing
  11-23  to reimburse the fund on a schedule to be determined by rule of the
  11-24  department; and
  11-25              (2)  immediately pay the aggrieved party any amount due
  11-26  that party or agree in writing to pay the aggrieved party on a
  11-27  schedule to be determined by rule of the department.
   12-1        (c)  If the license holder <commission merchant or retailer>
   12-2  does not reimburse the fund or pay the aggrieved party, or does not
   12-3  agree to do so, in accordance with this section, the department
   12-4  shall issue an order canceling the license <of the commission
   12-5  merchant or retailer> and may not issue a new license to that
   12-6  person for four years from the date of cancellation.  If the
   12-7  license holder <commission merchant or retailer> is a corporation,
   12-8  an officer or director of the corporation or a person owning more
   12-9  than 25 percent of the stock in the corporation may not be licensed
  12-10  <as a commission merchant or retailer> under Chapter 101 or 102 of
  12-11  this code during the four-year period in which the corporation is
  12-12  ineligible for licensing.
  12-13        (d)  This section does not apply to a license holder
  12-14  <commission merchant or retailer> who is released by a final
  12-15  judgment of a bankruptcy court from the legal duty to satisfy the
  12-16  claim paid by the department.
  12-17        SECTION 18.  Section 103.010, Agriculture Code, is amended to
  12-18  read as follows:
  12-19        Sec. 103.010.  Subrogation of Rights.  If the department pays
  12-20  a claim against a license holder <commission merchant or retailer>,
  12-21  the department is subrogated to all rights of the aggrieved party
  12-22  against the license holder <commission merchant or retailer> to the
  12-23  extent of the amount paid to the aggrieved party.
  12-24        SECTION 19.  Section 103.011, Agriculture Code, is amended to
  12-25  read as follows:
  12-26        Sec. 103.011.  Fee.  A person  <(a)  Except as otherwise
  12-27  provided by this section, a commission merchant or retailer>
   13-1  licensed under Chapter 101 or 102 of this code shall pay an annual
   13-2  fee to the fund <of $200>.  The department by rule shall establish
   13-3  the amount of the fee.  The fee may not exceed $45.
   13-4        <(b)  A retailer who is licensed under Chapter 101 or 102 of
   13-5  this code and whose annual purchases of vegetables and citrus fruit
   13-6  are less than $15,000 a year shall pay an annual fee of $50.>
   13-7        <(c)  A person who is required by Subsection (a) of this
   13-8  section to pay a fee of $200 and who is licensed in one of those
   13-9  classifications under both Chapters 101 and 102 of this code may
  13-10  pay a single fee of $250.  A person who is required by Subsection
  13-11  (b) of this section to pay a $50 fee and who is licensed in that
  13-12  classification under both Chapters 101 and 102 of this code may pay
  13-13  a single fee of $75.>
  13-14        <(d)  A person licensed as a cash dealer or a marketing
  13-15  association organized under Chapter 52 of this code that handles
  13-16  citrus fruit only for its members is exempt from payment of the fee
  13-17  under this section.>
  13-18        <(e)  The fee is in addition to any licensing fee paid and is
  13-19  due at the time of making the license application.  The department
  13-20  may not issue a license to a person who fails to pay the fee.>
  13-21        SECTION 20.  Section 103.013(a), Agriculture Code, is amended
  13-22  to read as follows:
  13-23        (a)  A person commits an offense if the person acts or
  13-24  assumes to act as a license holder <commission merchant or
  13-25  retailer> under Chapter 101 or 102 of this code without first
  13-26  paying the fee required by this chapter.
  13-27        SECTION 21.  Sections 101.004 and 102.004, Agriculture Code,
   14-1  are repealed.
   14-2        SECTION 22.  A license or identification card that is issued
   14-3  under Chapters 101 and 102, Agriculture Code, and that is valid on
   14-4  the effective date of this Act remains valid until it expires or is
   14-5  revoked or suspended.
   14-6        SECTION 23.  This Act takes effect September 1, 1993.
   14-7        SECTION 24.  The importance of this legislation and the
   14-8  crowded condition of the calendars in both houses create an
   14-9  emergency and an imperative public necessity that the
  14-10  constitutional rule requiring bills to be read on three several
  14-11  days in each house be suspended, and this rule is hereby suspended.