1-1 By: Sims S.B. No. 976
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 27, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 27, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 976 By: Sims
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to authorizing private persons to inspect and test weights
1-24 and measures; providing penalties.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Chapter 13, Agriculture Code, is amended by
1-27 adding Subchapter G to read as follows:
1-28 SUBCHAPTER G. INSPECTION AND TESTING OF
1-29 RANCH SCALES
1-30 Sec. 13.351. DEFINITIONS. In this subchapter:
1-31 (1) "Person" means any individual, partnership, firm,
1-32 corporation, association, or any other business entity.
1-33 (2) "Ranch scale" means a livestock scale which is
1-34 located on a private ranch and which has a capacity of 4,999 pounds
1-35 or greater.
1-36 Sec. 13.352. LICENSE REQUIREMENT. (a) A person may not
1-37 inspect or test ranch scales unless the person holds a license
1-38 issued under this subchapter.
1-39 (b) The department shall issue a license to a person who
1-40 meets the requirements of this subchapter.
1-41 (c) Each license holder under this subchapter shall conduct
1-42 inspecting or testing activities in compliance with the rules of
1-43 the department.
1-44 (d) A license holder shall maintain and submit to the
1-45 department a report and record of all inspecting or testing
1-46 activities compiled in accordance with the rules of the department.
1-47 Sec. 13.353. GENERAL REQUIREMENTS FOR LICENSE ISSUANCE OR
1-48 RENEWAL. Before a license is issued or renewed by the department
1-49 under this subchapter:
1-50 (1) the person applying for the license or renewal of
1-51 the license shall provide the department proof of completion of a
1-52 department-approved academic, trade, or professional course of
1-53 instruction required by the department's rules;
1-54 (2) the person shall file with the department an
1-55 insurance policy or other proof of insurance evidencing that the
1-56 applicant has a completed operations liability insurance policy
1-57 issued by an insurance company authorized to do business in this
1-58 state or by a surplus lines insurer that meets the requirements of
1-59 Article 1.14-2, Insurance Code, and rules adopted by the State
1-60 Board of Insurance in an amount set by the department and based on
1-61 the type of licensed activities to be provided; and
1-62 (3) the department, to verify compliance with trade
1-63 practices, rules of the department, and this chapter, may conduct
1-64 an inspection of the applicant's:
1-65 (A) facilities;
1-66 (B) inspecting and testing equipment and
1-67 procedures;
1-68 (C) repair and calibration equipment and
2-1 procedures; and
2-2 (D) transportation equipment.
2-3 Sec. 13.354. LICENSE AND RENEWAL; FEES. (a) An application
2-4 for a license shall be submitted to the department on a form
2-5 prescribed by the department, accompanied by a nonrefundable annual
2-6 license fee in an amount established by department rule, not to
2-7 exceed $200.
2-8 (b) A license issued under this subchapter expires on the
2-9 anniversary date of the person's test equipment calibration, as
2-10 such anniversary is defined by department rule, and may be renewed
2-11 by filing with the department a renewal application form prescribed
2-12 by the department, accompanied by a nonrefundable annual license
2-13 renewal fee in an amount established by department rule, not to
2-14 exceed $200.
2-15 (c) A person who fails to submit a license renewal fee on or
2-16 before the expiration date of the license must pay, in addition to
2-17 the license renewal fee, the late fee provided by Section 12.024 of
2-18 this code.
2-19 Sec. 13.355. DUTIES OF THE DEPARTMENT. (a) The department
2-20 by rule may adopt a system to periodically monitor and inspect or
2-21 test scales inspected and tested by the license holder.
2-22 (b) The department by rule shall adopt guidelines to allow a
2-23 representative of the license holder to perform functions of the
2-24 license holder.
2-25 (c) The department by rule may adopt additional requirements
2-26 for the issuance of a license and for the denial of an application
2-27 for a license or renewal of a license. The rules adopted by the
2-28 department shall be designed to protect the public health, safety,
2-29 and welfare and the proper operation of facilities having ranch
2-30 scales.
2-31 Sec. 13.356. DENIAL, REVOCATION, MODIFICATION, OR SUSPENSION
2-32 OF LICENSE. (a) The department may refuse to issue a license for
2-33 inspecting or testing of ranch scales if the applicant fails to
2-34 comply with this subchapter.
2-35 (b) The department shall revoke, modify, or suspend a
2-36 license, assess an administrative penalty, place on probation a
2-37 person whose license has been suspended, or reprimand a licensee if
2-38 the licensee fails to comply with this subchapter or a rule adopted
2-39 by the department under this subchapter.
2-40 (c) If a license suspension is probated, the department may
2-41 require the person to:
2-42 (1) report regularly to the department on matters that
2-43 are the basis of the probation;
2-44 (2) limit practice to the areas prescribed by the
2-45 department; or
2-46 (3) continue or renew professional education until the
2-47 person attains a degree of skill satisfactory to the department in
2-48 those areas that are the basis of the probation.
2-49 (d) If the department proposes to deny a person's
2-50 application for a license for inspection or testing of ranch scales
2-51 or to revoke, modify, or suspend a person's license, the person is
2-52 entitled to a hearing before a hearings officer designated by the
2-53 department. The decision of the department is appealable in the
2-54 same manner as provided for contested cases under the
2-55 Administrative Procedure and Texas Register Act (Article 6252-13a,
2-56 Vernon's Texas Civil Statutes).
2-57 Sec. 13.357. CIVIL PENALTY; INJUNCTION. (a) A person who
2-58 violates this subchapter or a rule adopted under this subchapter is
2-59 liable to the state for a civil penalty of not less than $250 nor
2-60 more than $10,000 for each violation. Each day a violation
2-61 continues may be considered a separate violation for purposes of a
2-62 civil penalty assessment.
2-63 (b) On request of the department, the attorney general or
2-64 the county or district attorney of the county in which the
2-65 violation is alleged to have occurred shall file suit to collect
2-66 the penalty.
2-67 (c) A civil penalty collected under this section shall be
2-68 deposited in the state treasury to the credit of the general
2-69 revenue fund. All civil penalties recovered in suits first
2-70 instituted by a local government or governments under this section
3-1 shall be equally divided between the State of Texas and the local
3-2 government or governments, with 50 percent of the recovery to be
3-3 paid into the general revenue fund and the other 50 percent equally
3-4 to the local government or governments first instituting the suit.
3-5 (d) The department is entitled to appropriate injunctive
3-6 relief to prevent or abate a violation of this subchapter or a rule
3-7 adopted under this subchapter. On request of the department, the
3-8 attorney general or the county or district attorney of the county
3-9 in which the alleged violation is threatened or is occurring shall
3-10 file suit for the injunctive relief. Venue is in the county in
3-11 which the alleged violation is threatened or is occurring.
3-12 Sec. 13.358. CRIMINAL PENALTY. (a) An individual commits
3-13 an offense if the individual is required to be licensed under this
3-14 subchapter, is not licensed under this subchapter, and performs or
3-15 offers to perform an inspection or test on a ranch scale for
3-16 compensation.
3-17 (b) An offense under this section is a Class B misdemeanor.
3-18 SECTION 2. Subsection (a), Section 12.024, Agriculture Code,
3-19 is amended to read as follows:
3-20 (a) This section is applicable only to a renewal fee under
3-21 Section 13.354, 14.005, 71.043, 71.057, 75.004, 76.044, 76.073,
3-22 76.113, or 132.025 of this code.
3-23 SECTION 3. This Act takes effect September 1, 1993.
3-24 SECTION 4. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
3-28 days in each house be suspended, and this rule is hereby suspended.
3-29 * * * * *
3-30 Austin,
3-31 Texas
3-32 April 27, 1993
3-33 Hon. Bob Bullock
3-34 President of the Senate
3-35 Sir:
3-36 We, your Committee on Natural Resources to which was referred S.B.
3-37 No. 976, have had the same under consideration, and I am instructed
3-38 to report it back to the Senate with the recommendation that it do
3-39 not pass, but that the Committee Substitute adopted in lieu thereof
3-40 do pass and be printed.
3-41 Sims,
3-42 Chairman
3-43 * * * * *
3-44 WITNESSES
3-45 FOR AGAINST ON
3-46 ___________________________________________________________________
3-47 Name: Alvin Ashorn x
3-48 Representing: TX Dept. of Agriculture
3-49 City: Austin
3-50 -------------------------------------------------------------------