S.B. No. 976
AN ACT
1-1 relating to authorizing private persons to inspect and test weights
1-2 and measures; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 13, Agriculture Code, is amended by
1-5 adding Subchapter G to read as follows:
1-6 SUBCHAPTER G. INSPECTION AND TESTING OF
1-7 RANCH SCALES
1-8 Sec. 13.351. DEFINITIONS. In this subchapter:
1-9 (1) "Person" means any individual, partnership, firm,
1-10 corporation, association, or any other business entity.
1-11 (2) "Ranch scale" means a livestock scale which is
1-12 located on a private ranch and which has a capacity of 4,999 pounds
1-13 or greater.
1-14 Sec. 13.352. LICENSE REQUIREMENT. (a) A person may not
1-15 inspect or test ranch scales unless the person holds a license
1-16 issued under this subchapter.
1-17 (b) The department shall issue a license to a person who
1-18 meets the requirements of this subchapter.
1-19 (c) Each license holder under this subchapter shall conduct
1-20 inspecting or testing activities in compliance with the rules of
1-21 the department.
1-22 (d) A license holder shall maintain and submit to the
1-23 department a report and record of all inspecting or testing
1-24 activities compiled in accordance with the rules of the department.
2-1 Sec. 13.353. GENERAL REQUIREMENTS FOR LICENSE ISSUANCE OR
2-2 RENEWAL. Before a license is issued or renewed by the department
2-3 under this subchapter:
2-4 (1) the person applying for the license or renewal of
2-5 the license shall provide the department proof of completion of a
2-6 department-approved academic, trade, or professional course of
2-7 instruction required by the department's rules;
2-8 (2) the person shall file with the department an
2-9 insurance policy or other proof of insurance evidencing that the
2-10 applicant has a completed operations liability insurance policy
2-11 issued by an insurance company authorized to do business in this
2-12 state or by a surplus lines insurer that meets the requirements of
2-13 Article 1.14-2, Insurance Code, and rules adopted by the State
2-14 Board of Insurance in an amount set by the department and based on
2-15 the type of licensed activities to be provided; and
2-16 (3) the department, to verify compliance with trade
2-17 practices, rules of the department, and this chapter, may conduct
2-18 an inspection of the applicant's:
2-19 (A) facilities;
2-20 (B) inspecting and testing equipment and
2-21 procedures;
2-22 (C) repair and calibration equipment and
2-23 procedures; and
2-24 (D) transportation equipment.
2-25 Sec. 13.354. LICENSE AND RENEWAL; FEES. (a) An application
2-26 for a license shall be submitted to the department on a form
2-27 prescribed by the department, accompanied by a nonrefundable annual
3-1 license fee in an amount established by department rule, not to
3-2 exceed $200.
3-3 (b) A license issued under this subchapter expires on the
3-4 anniversary date of the person's test equipment calibration, as
3-5 such anniversary is defined by department rule, and may be renewed
3-6 by filing with the department a renewal application form prescribed
3-7 by the department, accompanied by a nonrefundable annual license
3-8 renewal fee in an amount established by department rule, not to
3-9 exceed $200.
3-10 (c) A person who fails to submit a license renewal fee on or
3-11 before the expiration date of the license must pay, in addition to
3-12 the license renewal fee, the late fee provided by Section 12.024 of
3-13 this code.
3-14 Sec. 13.355. DUTIES OF THE DEPARTMENT. (a) The department
3-15 by rule may adopt a system to periodically monitor and inspect or
3-16 test scales inspected and tested by the license holder.
3-17 (b) The department by rule shall adopt guidelines to allow a
3-18 representative of the license holder to perform functions of the
3-19 license holder.
3-20 (c) The department by rule may adopt additional requirements
3-21 for the issuance of a license and for the denial of an application
3-22 for a license or renewal of a license. The rules adopted by the
3-23 department shall be designed to protect the public health, safety,
3-24 and welfare and the proper operation of facilities having ranch
3-25 scales.
3-26 Sec. 13.356. DENIAL, REVOCATION, MODIFICATION, OR SUSPENSION
3-27 OF LICENSE. (a) The department may refuse to issue a license for
4-1 inspecting or testing of ranch scales if the applicant fails to
4-2 comply with this subchapter.
4-3 (b) The department shall revoke, modify, or suspend a
4-4 license, assess an administrative penalty, place on probation a
4-5 person whose license has been suspended, or reprimand a licensee if
4-6 the licensee fails to comply with this subchapter or a rule adopted
4-7 by the department under this subchapter.
4-8 (c) If a license suspension is probated, the department may
4-9 require the person to:
4-10 (1) report regularly to the department on matters that
4-11 are the basis of the probation;
4-12 (2) limit practice to the areas prescribed by the
4-13 department; or
4-14 (3) continue or renew professional education until the
4-15 person attains a degree of skill satisfactory to the department in
4-16 those areas that are the basis of the probation.
4-17 (d) If the department proposes to deny a person's
4-18 application for a license for inspecting or testing of ranch scales
4-19 or to revoke, modify, or suspend a person's license, the person is
4-20 entitled to a hearing before a hearings officer designated by the
4-21 department. The decision of the department is appealable in the
4-22 same manner as provided for contested cases under the
4-23 Administrative Procedure and Texas Register Act (Article 6252-13a,
4-24 Vernon's Texas Civil Statutes).
4-25 Sec. 13.357. CIVIL PENALTY; INJUNCTION. (a) A person who
4-26 violates this subchapter or a rule adopted under this subchapter is
4-27 liable to the state for a civil penalty of not less than $250 nor
5-1 more than $10,000 for each violation. Each day a violation
5-2 continues may be considered a separate violation for purposes of a
5-3 civil penalty assessment.
5-4 (b) On request of the department, the attorney general or
5-5 the county or district attorney of the county in which the
5-6 violation is alleged to have occurred shall file suit to collect
5-7 the penalty.
5-8 (c) A civil penalty collected under this section shall be
5-9 deposited in the state treasury to the credit of the general
5-10 revenue fund. All civil penalties recovered in suits first
5-11 instituted by a local government or governments under this section
5-12 shall be equally divided between the State of Texas and the local
5-13 government or governments, with 50 percent of the recovery to be
5-14 paid into the general revenue fund and the other 50 percent equally
5-15 to the local government or governments first instituting the suit.
5-16 (d) The department is entitled to appropriate injunctive
5-17 relief to prevent or abate a violation of this subchapter or a rule
5-18 adopted under this subchapter. On request of the department, the
5-19 attorney general or the county or district attorney of the county
5-20 in which the alleged violation is threatened or is occurring shall
5-21 file suit for the injunctive relief. Venue is in the county in
5-22 which the alleged violation is threatened or is occurring.
5-23 Sec. 13.358. CRIMINAL PENALTY. (a) An individual commits
5-24 an offense if the individual is required to be licensed under this
5-25 subchapter, is not licensed under this subchapter, and performs or
5-26 offers to perform an inspection or test on a ranch scale for
5-27 compensation.
6-1 (b) An offense under this section is a Class B misdemeanor.
6-2 SECTION 2. Subsection (a), Section 12.024, Agriculture Code,
6-3 is amended to read as follows:
6-4 (a) This section is applicable only to a renewal fee under
6-5 Section 13.354, 14.005, 71.043, 71.057, 75.004, 76.044, 76.073,
6-6 76.113, or 132.025 of this code.
6-7 SECTION 3. This Act takes effect September 1, 1993.
6-8 SECTION 4. The importance of this legislation and the
6-9 crowded condition of the calendars in both houses create an
6-10 emergency and an imperative public necessity that the
6-11 constitutional rule requiring bills to be read on three several
6-12 days in each house be suspended, and this rule is hereby suspended.