By: Montford S.B. No. 1208
A BILL TO BE ENTITLED
AN ACT
1-1 relating to grading, packing, and inspecting horticultural
1-2 products.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 91, Agriculture Code, is
1-5 amended by amending Sections 91.001, 91.003, 91.004, and 91.005 and
1-6 adding Section 91.0051 to read as follows:
1-7 Sec. 91.001. Department to Administer. (a) The department
1-8 shall administer this chapter and adopt rules necessary for its
1-9 enforcement.
1-10 (b) The department may employ an assistant commissioner and
1-11 other personnel to supervise the operation of an inspection service
1-12 to carry out a cooperative agreement under Section 91.005 of this
1-13 code <shall publish the rules and other information that will aid
1-14 fruit growers, vegetable growers, and container manufacturers in
1-15 complying with this chapter>.
1-16 Sec. 91.003. INSPECTION SERVICE <INSPECTIONS>. (a) To
1-17 carry out a cooperative agreement entered into under Section 91.005
1-18 of this code, the department may supervise the operation of a joint
1-19 state-federal inspection service <The department shall appoint
1-20 inspectors to inspect fruits and vegetables, other than potatoes,
1-21 under this chapter>. The terms of the cooperative agreement govern
1-22 the operation of the inspection service, appointment of inspectors,
1-23 and manner of conducting inspections, however no provision of the
1-24 inspection service agreement may be in violation of state law.
2-1 (b) An individual appointed as an inspector or to work in
2-2 another capacity with an inspection service under Subsection (a) of
2-3 this section is performing work for the state under the supervision
2-4 of the department and is a member of the employee class of the
2-5 Employees Retirement System of Texas under Section 812.003,
2-6 Government Code <Inspections shall be performed at the various
2-7 shipping or loading stations in this state when requested by the
2-8 growers or the shippers of fruits or vegetables, or by the
2-9 shippers' agents, or by a person with a financial interest in the
2-10 fruits or vegetables>.
2-11 <(c) Each person who requests an inspection shall pay a pro
2-12 rata share of the expense of inspection.>
2-13 Sec. 91.004. Certificate of Inspection. (a) The department
2-14 shall furnish certificates of inspection or other forms to evidence
2-15 that an official inspection has been made. The department may
2-16 issue a joint state-federal inspection certificate for an
2-17 inspection conducted under a cooperative agreement entered into
2-18 under Section 91.005 of this code.
2-19 (b) <After an applicant has paid a pro rata share of the
2-20 cost of an inspection performed under this chapter, an inspector
2-21 shall issue to the applicant a form to evidence that an official
2-22 inspection has been made or a certificate of inspection that shows
2-23 the grade, classification, pack, or other standard requirements of
2-24 the fruits or vegetables.>
2-25 <(c)> A certificate of inspection issued under this section
2-26 is prima facie evidence of the grade, classification, pack, or
2-27 other standard requirements of the fruits, nuts, or vegetables as
3-1 of the time of inspection.
3-2 Sec. 91.005. Cooperative Agreements. (a) The department
3-3 may enter into cooperative agreements with the United States
3-4 Department of Agriculture, or with any Texas firm, corporation, or
3-5 association to carry out shipping point and receiving market
3-6 inspections under the Agricultural Marketing Act of 1946 (7 U.S.C.
3-7 Section 1621 et seq.) <that is organized for that purpose, or
3-8 both>. An agreement also may provide for the certification of
3-9 grades of fruits, nuts, and vegetables<, other than potatoes,>
3-10 under this chapter.
3-11 (b) The department also may enter into cooperative
3-12 agreements with the United States Department of Agriculture or with
3-13 federal administrative committees established by the United States
3-14 Department of Agriculture under the Agricultural Marketing
3-15 Agreement Act of 1937 (7 U.S.C. Section 671 et seq.) to administer
3-16 and enforce marketing orders and programs <Department inspectors
3-17 and a firm, corporation, or association that has executed a
3-18 cooperative agreement shall obtain a license from the department,
3-19 which shall be issued under department rules>.
3-20 (c) In addition to the grades established by this chapter,
3-21 the department may adopt the United States standards for the
3-22 fruits, nuts, and vegetables grown in this state by entering into a
3-23 cooperative agreement with the United States Department of
3-24 Agriculture under the Agricultural Marketing Act of 1946 (7 U.S.C.
3-25 Section 1621 et seq.), or the department may adopt rules concerning
3-26 the grades, grading, or regulation of fruits, nuts, and
3-27 vegetables<, other than potatoes, under this chapter>.
4-1 Sec. 91.0051. FUNDING OF A COOPERATIVE INSPECTION. (a) The
4-2 legislature may not appropriate funds for the operation of an
4-3 inspection service organized to carry out a cooperative agreement
4-4 under this chapter. The legislature may appropriate funds
4-5 necessary for the department to employ personnel to supervise an
4-6 inspection service.
4-7 (b) Inspection activities conducted under a cooperative
4-8 agreement under this chapter shall be self-financing. The
4-9 department shall charge fees to a person who receives inspection
4-10 services under a cooperative agreement.
4-11 (c) The department shall set fees at amounts that are
4-12 approximately equal to the cost of providing inspection services.
4-13 (d) Notwithstanding any other provision of law, the
4-14 department shall hold and disburse the fees collected under this
4-15 chapter under the terms of the cooperative agreement governing the
4-16 inspection activities for which the fees were collected.
4-17 SECTION 2. Section 94.003, Agriculture Code, is amended to
4-18 read as follows:
4-19 Sec. 94.003. Department to Administer. (a) The department
4-20 shall direct and supervise the inspection and certification of
4-21 maturity of citrus fruit under this chapter and may adopt rules
4-22 relating to:
4-23 (1) the number and character of certificates of
4-24 inspection and maturity;
4-25 (2) inspection requests; and
4-26 (3) seasonal requirements of citrus fruit for fitness
4-27 for human consumption.
5-1 (b) The department may direct and supervise the inspection
5-2 and certification of maturity of citrus fruit under this chapter
5-3 through the operation of an inspection service organized under
5-4 Subchapter A, Chapter 91, of this code.
5-5 SECTION 3. Subsection (b), Section 95.003, Agriculture Code,
5-6 is amended to read as follows:
5-7 (b) The department shall enforce this chapter, and may
5-8 direct and supervise the enforcement of this chapter through the
5-9 operation of an inspection service organized under Subchapter A,
5-10 Chapter 91, of this code <and the rules adopted under this chapter
5-11 shall be under the direction of the chief of the maturity
5-12 division>.
5-13 SECTION 4. All funds accumulated by fees previously
5-14 collected under the terms of a cooperative agreement entered into
5-15 under Chapter 91, Agriculture Code, and all property purchased with
5-16 such fees shall be transferred to the inspection service authorized
5-17 by Chapter 91, Agriculture Code, operating on the effective date of
5-18 this legislation. All funds and property transferred under this
5-19 section shall be subject to the terms of the cooperative agreement
5-20 in effect at the time of the transfer and shall be used only for
5-21 the operation of such inspection service.
5-22 SECTION 5. This Act takes effect September 1, 1993.
5-23 SECTION 6. The importance of this legislation and the
5-24 crowded condition of the calendars in both houses create an
5-25 emergency and an imperative public necessity that the
5-26 constitutional rule requiring bills to be read on three several
5-27 days in each house be suspended, and this rule is hereby suspended.