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.