By: Montford S.B. No. 1208
73R5559 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to grading, packing, and inspecting horticultural
1-3 products.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 91, Agriculture Code, is
1-6 amended by amending Sections 91.001, 91.003, 91.004, and 91.005 and
1-7 adding Section 91.0051 to read as follows:
1-8 Sec. 91.001. Department to Administer. (a) The department
1-9 shall administer this chapter and adopt rules necessary for its
1-10 enforcement.
1-11 (b) The department may employ an assistant commissioner and
1-12 other personnel to supervise the operation of an inspection service
1-13 to carry out a cooperative agreement under Section 91.005 of this
1-14 code <The department shall publish the rules and other information
1-15 that will aid fruit growers, vegetable growers, and container
1-16 manufacturers in complying with this chapter>.
1-17 Sec. 91.003. INSPECTION SERVICE <Inspections>. (a) To
1-18 carry out a cooperative agreement entered into under Section 91.005
1-19 of this code, the department may supervise the operation of a joint
1-20 state-federal inspection service <The department shall appoint
1-21 inspectors to inspect fruits and vegetables, other than potatoes,
1-22 under this chapter>. The terms of the cooperative agreement govern
1-23 the appointment of inspectors and manner of conducting inspections.
1-24 (b) An individual appointed as an inspector or to work in
2-1 another capacity with an inspection service under Subsection (a) of
2-2 this section is performing work for the state under the supervision
2-3 of the department and is a member of the employee class of the
2-4 Employees Retirement System of Texas under Section 812.003,
2-5 Government Code <Inspections shall be performed at the various
2-6 shipping or loading stations in this state when requested by the
2-7 growers or the shippers of fruits or vegetables, or by the
2-8 shippers' agents, or by a person with a financial interest in the
2-9 fruits or vegetables>.
2-10 <(c) Each person who requests an inspection shall pay a pro
2-11 rata share of the expense of inspection.>
2-12 Sec. 91.004. Certificate of Inspection. (a) The department
2-13 shall furnish certificates of inspection or other forms to evidence
2-14 that an official inspection has been made. The department may
2-15 issue a joint state-federal inspection certificate for an
2-16 inspection conducted under a cooperative agreement entered into
2-17 under Section 91.005 of this code.
2-18 (b) <After an applicant has paid a pro rata share of the
2-19 cost of an inspection performed under this chapter, an inspector
2-20 shall issue to the applicant a form to evidence that an official
2-21 inspection has been made or a certificate of inspection that shows
2-22 the grade, classification, pack, or other standard requirements of
2-23 the fruits or vegetables.>
2-24 <(c)> A certificate of inspection issued under this section
2-25 is prima facie evidence of the grade, classification, pack, or
2-26 other standard requirements of the fruits, nuts, or vegetables as
2-27 of the time of inspection.
3-1 Sec. 91.005. Cooperative Agreements. (a) The department
3-2 may enter into cooperative agreements with the United States
3-3 Department of Agriculture, or with any Texas firm, corporation, or
3-4 association to carry out shipping point and receiving market
3-5 inspections under the Agricultural Marketing Act of 1946 (7 U.S.C.
3-6 Section 1621 et seq.) <that is organized for that purpose, or
3-7 both>. An agreement also may provide for the certification of
3-8 grades of fruits and vegetables<, other than potatoes,> under this
3-9 chapter.
3-10 (b) The department also may enter into cooperative
3-11 agreements with the United States Department of Agriculture or with
3-12 federal administrative committees established by the United States
3-13 Department of Agriculture under the Agricultural Marketing
3-14 Agreement Act of 1937 (7 U.S.C. Section 671 et seq.) to administer
3-15 and enforce marketing orders and programs <Department inspectors
3-16 and a firm, corporation, or association that has executed a
3-17 cooperative agreement shall obtain a license from the department,
3-18 which shall be issued under department rules>.
3-19 (c) In addition to the grades established by this chapter,
3-20 the department may adopt the United States standards for the
3-21 fruits, nuts, and vegetables grown in this state by entering into a
3-22 cooperative agreement with the United States Department of
3-23 Agriculture under the Agricultural Marketing Act of 1946 (7 U.S.C.
3-24 Section 1621 et seq.)<, or the department may adopt rules
3-25 concerning the grades, grading, or regulation of fruits and
3-26 vegetables, other than potatoes, under this chapter>.
3-27 Sec. 91.0051. FUNDING OF A COOPERATIVE INSPECTION. (a) The
4-1 legislature may not appropriate funds for the operation of an
4-2 inspection service organized to carry out a cooperative agreement
4-3 under this chapter. The legislature may appropriate funds
4-4 necessary for the department to employ personnel to supervise an
4-5 inspection service.
4-6 (b) Inspection activities conducted under a cooperative
4-7 agreement under this chapter shall be self-financing. The
4-8 department shall charge fees to a person who receives inspection
4-9 services under a cooperative agreement.
4-10 (c) The department shall set fees at amounts that are
4-11 approximately equal to the cost of providing inspection services.
4-12 (d) The department shall hold and disburse the fees
4-13 collected under this chapter under the terms of the cooperative
4-14 agreement governing the inspection activities for which the fees
4-15 were collected.
4-16 SECTION 2. Section 94.003, Agriculture Code, is amended to
4-17 read as follows:
4-18 Sec. 94.003. Department to Administer. (a) The department
4-19 shall direct and supervise the inspection and certification of
4-20 maturity of citrus fruit under this chapter and may adopt rules
4-21 relating to:
4-22 (1) the number and character of certificates of
4-23 inspection and maturity;
4-24 (2) inspection requests; and
4-25 (3) seasonal requirements of citrus fruit for fitness
4-26 for human consumption.
4-27 (b) The department may direct and supervise the inspection
5-1 and certification of maturity of citrus fruit under this chapter
5-2 through the operation of an inspection service organized under
5-3 Subchapter A, Chapter 91, of this code.
5-4 SECTION 3. This Act takes effect September 1, 1993.
5-5 SECTION 4. The importance of this legislation and the
5-6 crowded condition of the calendars in both houses create an
5-7 emergency and an imperative public necessity that the
5-8 constitutional rule requiring bills to be read on three several
5-9 days in each house be suspended, and this rule is hereby suspended.