1-1 By: Montford S.B. No. 1208
1-2 (In the Senate - Filed March 12, 1993; March 16, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 23, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 23, 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. 1208 By: Carriker
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to grading, packing, and inspecting horticultural
1-24 products.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Subchapter A, Chapter 91, Agriculture Code, is
1-27 amended by amending Sections 91.001, 91.003, 91.004, and 91.005 and
1-28 adding Section 91.0051 to read as follows:
1-29 Sec. 91.001. Department to Administer. (a) The department
1-30 shall administer this chapter and adopt rules necessary for its
1-31 enforcement.
1-32 (b) The department may employ an assistant commissioner and
1-33 other personnel to supervise the operation of an inspection service
1-34 to carry out a cooperative agreement under Section 91.005 of this
1-35 code <shall publish the rules and other information that will aid
1-36 fruit growers, vegetable growers, and container manufacturers in
1-37 complying with this chapter>.
1-38 Sec. 91.003. INSPECTION SERVICE <INSPECTIONS>. (a) To
1-39 carry out a cooperative agreement entered into under Section 91.005
1-40 of this code, the department may supervise the operation of a joint
1-41 state-federal inspection service <The department shall appoint
1-42 inspectors to inspect fruits and vegetables, other than potatoes,
1-43 under this chapter>. The terms of the cooperative agreement govern
1-44 the operation of the inspection service, appointment of inspectors,
1-45 and manner of conducting inspections.
1-46 (b) An individual appointed as an inspector or to work in
1-47 another capacity with an inspection service under Subsection (a) of
1-48 this section is performing work for the state under the supervision
1-49 of the department and is a member of the employee class of the
1-50 Employees Retirement System of Texas under Section 812.003,
1-51 Government Code <Inspections shall be performed at the various
1-52 shipping or loading stations in this state when requested by the
1-53 growers or the shippers of fruits or vegetables, or by the
1-54 shippers' agents, or by a person with a financial interest in the
1-55 fruits or vegetables>.
1-56 <(c) Each person who requests an inspection shall pay a pro
1-57 rata share of the expense of inspection.>
1-58 Sec. 91.004. Certificate of Inspection. (a) The department
1-59 shall furnish certificates of inspection or other forms to evidence
1-60 that an official inspection has been made. The department may
1-61 issue a joint state-federal inspection certificate for an
1-62 inspection conducted under a cooperative agreement entered into
1-63 under Section 91.005 of this code.
1-64 (b) <After an applicant has paid a pro rata share of the
1-65 cost of an inspection performed under this chapter, an inspector
1-66 shall issue to the applicant a form to evidence that an official
1-67 inspection has been made or a certificate of inspection that shows
1-68 the grade, classification, pack, or other standard requirements of
2-1 the fruits or vegetables.>
2-2 <(c)> A certificate of inspection issued under this section
2-3 is prima facie evidence of the grade, classification, pack, or
2-4 other standard requirements of the fruits, nuts, or vegetables as
2-5 of the time of inspection.
2-6 Sec. 91.005. Cooperative Agreements. (a) The department
2-7 may enter into cooperative agreements with the United States
2-8 Department of Agriculture, or with any <Texas> firm, corporation,
2-9 or association to carry out shipping point and receiving market
2-10 inspections under the Agricultural Marketing Act of 1946 (7 U.S.C.
2-11 Section 1621 et seq.) <that is organized for that purpose, or
2-12 both>. An agreement also may provide for the certification of
2-13 grades of fruits, nuts, and vegetables<, other than potatoes,>
2-14 under this chapter.
2-15 (b) The department also may enter into cooperative
2-16 agreements with the United States Department of Agriculture or with
2-17 federal administrative committees established by the United States
2-18 Department of Agriculture under the Agriculture Marketing Agreement
2-19 Act of 1937 (7 U.S.C. Section 671 et seq.) to administer and
2-20 enforce marketing orders and programs <Department inspectors and a
2-21 firm, corporation, or association that has executed a cooperative
2-22 agreement shall obtain a license from the department, which shall
2-23 be issued under department rules>.
2-24 (c) In addition to the grades established by this chapter,
2-25 the department may adopt the United States standards for the
2-26 fruits, nuts, and vegetables grown in this state by entering into a
2-27 cooperative agreement with the United States Department of
2-28 Agriculture under the Agriculture Marketing Act of 1946 (7 U.S.C.
2-29 Section 1621 et seq.), or the department may adopt rules concerning
2-30 the grades, grading, or regulation of fruits, nuts, and
2-31 vegetables<, other than potatoes, under this chapter>.
2-32 Sec. 91.0051. FUNDING OF A COOPERATIVE INSPECTION. (a) The
2-33 legislature may not appropriate funds for the operation of an
2-34 inspection service organized to carry out a cooperative agreement
2-35 under this chapter. The legislature may appropriate funds
2-36 necessary for the department to employ personnel to supervise an
2-37 inspection service.
2-38 (b) Inspection activities conducted under a cooperative
2-39 agreement under this chapter shall be self-financing. The
2-40 department shall charge fees to a person who receives inspection
2-41 services under a cooperative agreement.
2-42 (c) The department shall set fees at amounts that are
2-43 approximately equal to the cost of providing inspection services.
2-44 (d) Notwithstanding any other provision of law, the
2-45 department shall hold and disburse the fees collected under this
2-46 chapter under the terms of the cooperative agreement governing the
2-47 inspection activities for which the fees were collected.
2-48 SECTION 2. Section 94.003, Agriculture Code, is amended to
2-49 read as follows:
2-50 Sec. 94.003. Department to Administer. (a) The department
2-51 shall direct and supervise the inspection and certification of
2-52 maturity of citrus fruit under this chapter and may adopt rules
2-53 relating to:
2-54 (1) the number and character of certificates of
2-55 inspection and maturity;
2-56 (2) inspection requests; and
2-57 (3) seasonal requirements of citrus fruit for fitness
2-58 for human consumption.
2-59 (b) The department may direct and supervise the inspection
2-60 and certification of maturity of citrus fruit under this chapter
2-61 through the operation of an inspection service organized under
2-62 Subchapter A, Chapter 91, of this code.
2-63 SECTION 3. Subsection (b), Section 95.003, Agriculture Code,
2-64 is amended to read as follows:
2-65 (b) The department shall enforce this chapter, and may
2-66 direct and supervise the enforcement of this chapter through the
2-67 operation of an inspection service organized under Subchapter A,
2-68 Chapter 91, of this code <and the rules adopted under this chapter
2-69 shall be under the direction of the chief of the maturity
2-70 division>.
3-1 SECTION 4. All funds accumulated by fees previously
3-2 collected under the terms of a cooperative agreement entered into
3-3 under Chapter 91, Agriculture Code, and all property purchased with
3-4 such fees shall be transferred to the inspection service authorized
3-5 by Chapter 91, Agriculture Code, operating on the effective date of
3-6 this legislation. All funds and property transferred under this
3-7 section shall be subject to the terms of the cooperative agreement
3-8 in effect at the time of the transfer.
3-9 SECTION 5. This Act takes effect September 1, 1993.
3-10 SECTION 6. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.
3-15 * * * * *
3-16 Austin,
3-17 Texas
3-18 April 23, 1993
3-19 Hon. Bob Bullock
3-20 President of the Senate
3-21 Sir:
3-22 We, your Committee on Natural Resources to which was referred S.B.
3-23 No. 1208, have had the same under consideration, and I am
3-24 instructed to report it back to the Senate with the recommendation
3-25 that it do not pass, but that the Committee Substitute adopted in
3-26 lieu thereof do pass and be printed.
3-27 Sims,
3-28 Chairman
3-29 * * * * *
3-30 WITNESSES
3-31 FOR AGAINST ON
3-32 ___________________________________________________________________
3-33 Name: Jerry A. Walzel x
3-34 Representing: Tx Citrus & Vegetable Assn.
3-35 City: Harlingen, Texas
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3-37 Name: Byron C. Warnken x
3-38 Representing: SW Peanut Shellers Assn.
3-39 City: Pleasanton, Texas
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3-41 Name: Barry R. McBee x
3-42 Representing: Tx Dept of Agriculture
3-43 City: Austin, Texas
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3-45 Name: Waldo W. Morgan x
3-46 Representing: Tx Dept of Agriculture
3-47 City: Austin, Texas
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