By: Sims S.B. No. 976
73R5289 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing private persons to inspect and test weights
1-3 and measures.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 13.039, Agriculture Code, is amended by
1-6 adding Subsection (d) to read as follows:
1-7 (d) This section does not apply to a private sealer licensed
1-8 under Section 13.1071 of this code.
1-9 SECTION 2. Subchapter C, Chapter 13, Agriculture Code, is
1-10 amended by adding Sections 13.1071 and 13.1072 to read as follows:
1-11 Sec. 13.1071. LICENSING OF PRIVATE SEALERS. (a) A person
1-12 to whom the department issues a license under this section may
1-13 perform the duties of a sealer as provided by this subchapter.
1-14 (b) The department shall issue a license to a person to act
1-15 as a private sealer if the person satisfies the requirements for a
1-16 private sealer established by department rule and this section.
1-17 (c) To apply to be licensed as a private sealer, a person
1-18 must use the form provided for that purpose by the department and
1-19 pay a nonrefundable application and license fee of $200.
1-20 (d) A person is eligible to be licensed as a private sealer
1-21 if:
1-22 (1) the department finds the applicant's facilities
1-23 and proposed procedures relating to the position of sealer to be
1-24 satisfactory following an on-site inspection of the facilities and
2-1 review of the applicant's proposed procedures; and
2-2 (2) the applicant files with the department a
2-3 certificate proving that the applicant has obtained liability
2-4 insurance for its operations in an amount sufficient under
2-5 department rule.
2-6 (e) A license issued under this section expires on the first
2-7 anniversary of the date on which it was issued or renewed, as
2-8 applicable. To renew a license issued under this section, a
2-9 private sealer must apply for the renewal on a form provided for
2-10 that purpose by the department and pay a license renewal fee of
2-11 $200.
2-12 Sec. 13.1072. DEPARTMENT REGULATION OF PRIVATE SEALERS;
2-13 HEARINGS. (a) The department may reinspect or retest, or
2-14 authorize a state, county, or local sealer to reinspect or retest,
2-15 a weight or measure inspected or tested by a private sealer.
2-16 (b) If the department finds that a private sealer has
2-17 violated this subchapter or a department rule adopted under this
2-18 subchapter, the department shall give the private sealer written
2-19 notice stating the specific act or omission considered by the
2-20 department to be a violation. The department shall provide the
2-21 private sealer a time specified by department rule within which the
2-22 private sealer must correct the violation.
2-23 (c) If the private sealer makes a written request for a
2-24 hearing on the department's finding or if the department finds that
2-25 the private sealer has not corrected the violation within the time
2-26 provided by department rule, the department shall hold a hearing on
2-27 the issue as provided by department rule and in accordance with the
3-1 Administrative Procedure and Texas Register Act (Article 6252-13a,
3-2 Vernon's Texas Civil Statutes).
3-3 (d) If the department determines at a hearing under this
3-4 section that a violation has occurred, the department may order:
3-5 (1) a suspension of the private sealer's license for
3-6 90 days or less; or
3-7 (2) a revocation of the license using criteria the
3-8 department by rule has adopted.
3-9 (e) A person whose license has been suspended or revoked
3-10 under Subsection (d) of this section may appeal the department's
3-11 determination to a Travis County district court. The court shall
3-12 review the department's determination under the substantial
3-13 evidence rule.
3-14 SECTION 3. Section 13.108, Agriculture Code, is amended to
3-15 read as follows:
3-16 Sec. 13.108. Powers and Duties of Sealers. (a) In addition
3-17 to inspecting, testing, and sealing weights and measures, each
3-18 sealer, including a private sealer licensed under Section 13.1071
3-19 of this code, and deputy sealer shall:
3-20 (1) preserve all copies of the standards used in
3-21 conducting tests and keep the standards in safe and good order when
3-22 not in use;
3-23 (2) keep a record of all work performed, including
3-24 inspections made, and the name and post office address of each
3-25 party:
3-26 (A) for whom a measurement, test weight, or
3-27 inspection is made;
4-1 (B) whose weight or measure is condemned; or
4-2 (C) who is prosecuted; and
4-3 (3) keep a record of all violations of this chapter
4-4 and report those violations to the department.
4-5 (b) The commissioner, the chief deputy of weights and
4-6 measures, and all sealers other than a private sealer have the same
4-7 powers as peace officers in the performance of official duties.
4-8 (c) In the performance of official duties, a sealer other
4-9 than a private sealer, without a warrant, may enter any premises or
4-10 stop any vendor or vehicle containing commodities for sale or
4-11 delivery. The sealer may direct the vendor or vehicle to an
4-12 appropriate place for the purpose of conducting tests under this
4-13 subchapter.
4-14 SECTION 4. Section 13.109, Agriculture Code, is amended to
4-15 read as follows:
4-16 Sec. 13.109. Rules Governing Sealers. The department shall
4-17 issue instructions and adopt rules governing state, county, and
4-18 local sealers, and private sealers licensed under Section 13.1071
4-19 of this code, as necessary to carry out the purposes of this
4-20 chapter.
4-21 SECTION 5. Section 13.110(a), Agriculture Code, is amended
4-22 to read as follows:
4-23 (a) In accordance with this subchapter, each sealer shall
4-24 inspect and test all weights and measures used in the locality to
4-25 which the sealer is assigned or in the city or county in which the
4-26 sealer is appointed, unless a private sealer licensed under Section
4-27 13.1071 of this code inspects and tests a weight or measure.
5-1 SECTION 6. Section 13.111, Agriculture Code, is amended to
5-2 read as follows:
5-3 Sec. 13.111. Repair or Destruction of Incorrect Weights or
5-4 Measures. (a) If, in the judgment of the sealer, a weight or
5-5 measure found to be incorrect is not capable of being repaired, the
5-6 sealer, other than a private sealer licensed under Section 13.1071
5-7 of this code, may condemn, seize, and destroy the weight or
5-8 measure. A private sealer shall report the existence and location
5-9 of a weight or measure under this subsection to the department as
5-10 provided by department rule.
5-11 (b) If, in the judgment of the sealer, including a private
5-12 sealer, an incorrect weight or measure is capable of being
5-13 repaired, the sealer shall place on the weight or measure a tag or
5-14 other mark with the words "Out of Order." The owner or user of the
5-15 weight or measure may have it repaired within 30 days, but may not
5-16 use or dispose of it until it is reinspected and sealed. After
5-17 repair, the owner or user shall notify the sealer and the sealer
5-18 shall reinspect the weight or measure. If it is found to be
5-19 correct, the sealer shall remove the out-of-order tag and seal the
5-20 weight or measure as provided by Section 13.110 of this code.
5-21 SECTION 7. The importance of this legislation and the
5-22 crowded condition of the calendars in both houses create an
5-23 emergency and an imperative public necessity that the
5-24 constitutional rule requiring bills to be read on three several
5-25 days in each house be suspended, and this rule is hereby suspended,
5-26 and that this Act take effect and be in force from and after its
5-27 passage, and it is so enacted.