BILL ANALYSIS



S.B. 810
By: Lucio (Gutierrez)
April 14, 1995
Committee Report (Amended)


BACKGROUND

As the state's agriculture economy diversifies, so does the need to
address the various problems and opportunities Texas producers may
encounter.  Under current law, the Texas Department of Agriculture
(TDA) must ask the legislature for specific authority to develop
and implement certification programs for agricultural products and
production processes.  This process can take two or more years. 

The need for a certification program has arisen in the citrus and
grape industries.  The Florida citrus industry has suffered from
the spread of the disease Tristeza through budwood that is grafted
onto rootstock.  A process has been developed where Tristeza
resistant budwood can be produced.  Growers could be assured of
disease free budwood if a certified product was available.  The
California grape industry has suffered from a similar problem with
the disease Phylloxera.

PURPOSE

This bill allows the Texas Department of Agriculture to establish
and enforce certification programs for agricultural products and
agricultural production processes.

RULEMAKING AUTHORITY

Additional rulemaking authority is expressly delegated to the Texas
Department of Agriculture in SECTION 1 [Sections 18.052 and 18.072,
Agriculture Code].

SECTION BY SECTION ANALYSIS

SECTION 1.  Chapter 18, Agriculture Code is amended to read as
follows:

     CHAPTER 18.  CERTIFICATION AND AGRICULTURAL PRODUCT STANDARDS

           SUBCHAPTER A.  ORGANIC STANDARDS AND CERTIFICATION

     Sec. 18.001 - 18.010.  Changes the word "chapter" wherever
mentioned to "subchapter"     to reflect the addition of
subchapters to Chapter 18, Agriculture Code.

           SUBCHAPTER B.  AGRICULTURAL PRODUCT STANDARDS

     Sec. 18.051.  PRODUCT CERTIFICATION PROGRAMS.  (a)  Allows the
Texas      Department of Agriculture (department) to establish
certification programs relating to the  protection, sale,
advertising, marketing, transporting, or other commercial handling
of   agricultural, horticultural, or related products in this state
if necessary to ensure genetic     purity, identity, or disease or
pest resistance, or to help prevent the spread of insects, other      pests, diseases, or pathogens.  

     (b)  Allows the department to regulate the use of the term
"Texas Certified Product" and      other terms and symbols that
indicate product quality standards and products regulated   under
this subchapter.

     Sec. 18.052.  STANDARDS.  Allows the department to develop
minimum certification    standards for product certification.

     Sec. 18.053.  FEES.  Allows the department to set fees
necessary to recover the costs of  administering this subchapter.

     Sec. 18.054.  CIVIL PENALTY; INJUNCTION.  (a) Establishes
civil penalties not to   exceed $500 per violation.  Each day a
violation continues is a separate violation.  

     (b)  Sets forth that any penalty recovered by the department
shall be deposited in the     general revenue fund.  Allows a local
government to file suit and retain 50 percent of the   penalty
recovered with the other 50 percent going into the state's general
revenue fund.

     (c)  Requires the attorney general, county or district
attorney to bring action to collect the      penalty upon request
of the department.

     (d)  Allows the department to seek injunctive relief to
prevent a violation of this   subchapter.  Requires the attorney
general, county or district attorney to seek injunctive     relief
upon request of the department.  

           SUBCHAPTER C.  AGRICULTURAL PRODUCTION PROCESS        CERTIFICATION PROGRAM

     Sec. 18.071.  AGRICULTURAL CERTIFICATION.  Allows the
department to establish  voluntary certification programs relating
to the protection, sale, advertising, marketing,  or related
production processes used by producers. 

     Sec. 18.072.  CERTIFICATION STANDARDS.  Allows the department
to develop     minimum certification standards for production
processes.

     Sec. 18.073.  FEES.  Allows the department to set fees
necessary to recover the costs of  administering this subchapter.

     Sec. 18.074.  ADMINISTRATIVE PENALTY.  Allows the department
to assess an   administrative penalty under Section 12.020 of the
Agriculture Code, if a person is falsely     claiming to have a
certified production process.

SECTION 2.  Section 12.020(c), Agriculture Code, is amended to set
forth that the maximum administrative penalty allowed under Chapter
18, Agriculture Code, is $500.

SECTION 3.  Effective date:  September 1, 1995.

SECTION 4.  Emergency clause.


EXPLANATION OF AMENDMENT

Committee amendment #1 substitutes the word "accredited" for
"registered" and "accreditation" for "registration" throughout the
bill.  The amendment also provides that a person may be certified
to use the term "organic" by department rule.  

SUMMARY OF COMMITTEE ACTION

S.B. 810 was considered by the committee in a public hearing on
April 11, 1995.

S.B. 810 was considered in lieu of H.B. 2233 which was pending in
committee.

Rep. Gutierrez explained the bill.

The committee considered one amendment to the bill.

That amendment was adopted without objection.

The bill was reported favorably as amended, with the recommendation
that it do pass and be printed, by a record vote of 8 ayes, 0 nays,
0 pnv, 1 absent.