By Black H.B. No. 2282
74R4128 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Department of
1-3 Agriculture and certain associated entities, including the Texas
1-4 Agricultural Finance Authority, The Agriculture Resources
1-5 Protection Authority, the State Seed and Plant Board, and the
1-6 Produce Recovery Fund Board, and generally to matters regarding
1-7 agriculture in this state; providing penalties.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 ARTICLE 1. GENERAL PROVISIONS
1-10 SECTION 1.01. Section 11.008, Agriculture Code, is amended
1-11 to read as follows:
1-12 Sec. 11.008. FUNDS OF THE DEPARTMENT. Except as otherwise
1-13 provided by law, all money paid to the department is subject to
1-14 Subchapter F, Chapter 404, Government Code <the department shall
1-15 deposit all money collected or received by it in the state treasury
1-16 to the credit of the general revenue fund>.
1-17 SECTION 1.02. Section 12.013, Agriculture Code, is amended
1-18 to read as follows:
1-19 Sec. 12.013. Employees. (a) The department may employ
1-20 personnel as the duties of the department require. The
1-21 commissioner shall provide to the department's employees, as often
1-22 as necessary, information regarding their qualifications for
1-23 employment and their responsibilities under applicable laws
1-24 relating to standards of conduct for state employees.
2-1 (b) The commissioner or the commissioner's designee shall
2-2 develop a system of annual performance evaluations that are based
2-3 on documented employee performance. All merit pay for department
2-4 employees must be based on the system established under this
2-5 subsection.
2-6 (c) The commissioner or the commissioner's designee shall
2-7 develop an intraagency career ladder program that addresses
2-8 opportunities for mobility and advancement for employees within the
2-9 department. The program shall require intraagency postings of all
2-10 <nonentry level> positions concurrently with any public posting.
2-11 (d) The commissioner or the commissioner's designee shall
2-12 prepare and maintain a written policy statement to assure
2-13 implementation of a program of equal employment opportunity under
2-14 which all personnel transactions are made without regard to race,
2-15 color, disability <handicap>, sex, religion, age, or national
2-16 origin. The policy statement must include:
2-17 (1) personnel policies, including policies relating to
2-18 recruitment, evaluation, selection, appointment, training, and
2-19 promotion of personnel that comply with the requirements of Chapter
2-20 21, Labor Code;
2-21 (2) a comprehensive analysis of the department work
2-22 force that meets federal and state guidelines;
2-23 (3) procedures by which a determination can be made
2-24 about the extent of underuse <of significant underutilization> in
2-25 the department work force of all persons for whom federal or state
2-26 guidelines encourage a more equitable balance; and
2-27 (4) reasonable methods to appropriately address those
3-1 areas of underuse <significant underutilization>.
3-2 (e) A policy statement prepared under Subsection (d) of this
3-3 section must cover an annual period, be updated <at least> annually
3-4 and reviewed by the Texas Commission on Human Rights for compliance
3-5 with Subsection (d)(1) of this section, and be filed with the
3-6 governor's office.
3-7 (f) The governor's office shall deliver a biennial report to
3-8 the legislature based on the information received under Subsection
3-9 (e) of this section. The report may be made separately or as a
3-10 part of other biennial reports made to the legislature.
3-11 SECTION 1.03. Chapter 12, Agriculture Code, is amended by
3-12 adding Sections 12.0201 and 12.0202 to read as follows:
3-13 Sec. 12.0201. LICENSE SANCTIONS. The department shall
3-14 revoke, suspend, or refuse to renew a license, place on probation a
3-15 person whose license has been suspended, or reprimand a license
3-16 holder for a violation of this code or a rule of the department.
3-17 If a license suspension is probated, the department may require the
3-18 practitioner:
3-19 (1) to report regularly to the department on matters
3-20 that are the basis of the probation;
3-21 (2) to limit practice to the areas prescribed by the
3-22 department; or
3-23 (3) to continue or review professional education until
3-24 the practitioner attains a degree of skill satisfactory to the
3-25 department in those areas that are the basis of the probation.
3-26 Sec. 12.0202. ADMINISTRATIVE HEARINGS. If the department
3-27 proposes to suspend, revoke, or refuse to renew a person's license,
4-1 the person is entitled to a hearing conducted by the State Office
4-2 of Administrative Hearings. Proceedings for a disciplinary action
4-3 are governed by Chapter 2001, Government Code. Rules of practice
4-4 adopted by the department under Section 2001.004, Government Code,
4-5 applicable to the proceedings for a disciplinary action may not
4-6 conflict with rules adopted by the State Office of Administrative
4-7 Hearings.
4-8 SECTION 1.04. Section 12.023, Agriculture Code, is amended
4-9 to read as follows:
4-10 Sec. 12.023. Expiration of Registration or Licenses. The
4-11 department by rule may adopt a system under which registrations
4-12 <the registration> or licenses required by the department <Section
4-13 14.004, 61.013, 71.043, 71.057, 75.004, 76.071, 76.105, or 132.021
4-14 of this code> expire on various dates during the year. For the
4-15 year in which the registration or license expiration date is
4-16 changed, <fees payable on renewal of the> registration or license
4-17 fees shall be prorated on a monthly basis so that each registrant
4-18 or licensee pays <shall pay> only that portion of the fee that is
4-19 allocable to the number of months during which the registration or
4-20 license is valid. On renewal of the registration or license on the
4-21 new expiration date, the total renewal fee is payable.
4-22 SECTION 1.05. Section 12.025, Agriculture Code, is amended
4-23 to read as follows:
4-24 Sec. 12.025. PROGRAM ACCESSIBILITY PLAN. The department
4-25 shall comply with federal and state laws related to program and
4-26 facility accessibility. The commissioner <department> shall also
4-27 prepare and maintain a written plan that describes how a person who
5-1 does not speak English <or who has a physical, mental, or
5-2 developmental disability> can be provided reasonable access to the
5-3 department's programs and services.
5-4 SECTION 1.06. Sections 12.026(c) and (d), Agriculture Code,
5-5 are amended to read as follows:
5-6 (c) The department shall keep an information file about each
5-7 complaint filed with the department <that the department has
5-8 authority to resolve>. The information shall include:
5-9 (1) the date the complaint is received;
5-10 (2) the name of the complainant;
5-11 (3) the subject matter of the complaint;
5-12 (4) a record of all persons contacted in relation to
5-13 the complaint;
5-14 (5) a summary of the results of the review or
5-15 investigation of the complaint; and
5-16 (6) for complaints for which the agency took no
5-17 action, an explanation of the reason the complaint was closed
5-18 without action.
5-19 (d) The department shall keep a file about each written
5-20 complaint filed with the department that the department has
5-21 authority to resolve. The department shall provide to the person
5-22 filing the complaint and the persons or entities complained about
5-23 the department's policies and procedures pertaining to complaint
5-24 investigation and resolution. The <If a written complaint is filed
5-25 with the department that the department has authority to resolve,
5-26 the> department, at least quarterly and until final disposition of
5-27 the complaint, shall notify the person filing <parties to> the
6-1 complaint and the persons or entities complained about of the
6-2 status of the complaint unless the notice would jeopardize an
6-3 undercover investigation.
6-4 SECTION 1.07. Chapter 12, Agriculture Code, is amended by
6-5 adding Section 12.0261 to read as follows:
6-6 Sec. 12.0261. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE.
6-7 The department is subject to Chapter 551, Government Code, and
6-8 Chapter 2001, Government Code.
6-9 SECTION 1.08. Chapter 12, Agriculture Code, is amended by
6-10 adding Sections 12.035, 12.036, and 12.037 to read as follows:
6-11 Sec. 12.035. NOTICE TO EXAMINEE. Not later than the 30th
6-12 day after the date on which a licensing or registration examination
6-13 is administered under this code, the department shall notify each
6-14 examinee of the results of the examination. However, if an
6-15 examination is graded or reviewed by a national testing service,
6-16 the department shall notify examinees of the results of the
6-17 examination not later than the 14th day after the date on which the
6-18 department receives the results from the testing service. If the
6-19 notice of examination results graded or reviewed by a national
6-20 testing service will be delayed for longer than 90 days after the
6-21 examination date, the department shall notify the examinee of the
6-22 reason for the delay before the 90th day. The department may
6-23 require a testing service to notify examinees of the results of an
6-24 examination.
6-25 Sec. 12.036. LICENSING OUT-OF-STATE APPLICANTS. The
6-26 department may waive any prerequisite to obtaining a license or
6-27 registration for an applicant after reviewing the applicant's
7-1 credentials and determining that the applicant holds a valid
7-2 license from another state that has license or registration
7-3 requirements substantially equivalent to those of this state.
7-4 Sec. 12.037. CONTINUING EDUCATION. The department may
7-5 recognize, prepare, or administer continuing education programs for
7-6 its license holders.
7-7 SECTION 1.09. Section 58.012, Agriculture Code, is amended
7-8 by adding Subsection (f) to read as follows:
7-9 (f) Appointments to the board shall be made without regard
7-10 to the race, color, disability, sex, religion, age, or national
7-11 origin of the appointees.
7-12 SECTION 1.10. Section 58.013(a), Agriculture Code, is
7-13 amended to read as follows:
7-14 (a) The governor shall designate a member of the board as
7-15 <appoint> the chairman of the board to serve in that capacity at
7-16 the pleasure of the governor. The board shall elect a
7-17 vice-chairman biennially from its members and shall elect a
7-18 secretary, a treasurer, and other officers it considers necessary.
7-19 SECTION 1.11. The heading to Section 58.014, Agriculture
7-20 Code, is amended to read as follows:
7-21 Sec. 58.014. MEETINGS; ADMINISTRATIVE PROCEDURE.
7-22 SECTION 1.12. Section 58.014, Agriculture Code, is amended
7-23 by adding Subsections (c) and (d) to read as follows:
7-24 (c) The board shall develop and implement policies that
7-25 provide the public with a reasonable opportunity to appear before
7-26 the board and to speak on any issue under the jurisdiction of the
7-27 board.
8-1 (d) The board is subject to Chapter 551, Government Code,
8-2 and Chapter 2001, Government Code.
8-3 SECTION 1.13. Chapter 58, Agriculture Code, is amended by
8-4 adding Sections 58.0172, 58.0173, 58.0174, 58.0175, and 58.0176 to
8-5 read as follows:
8-6 Sec. 58.0172. BOARD CONFLICT OF INTEREST. (a) An officer,
8-7 employee, or paid consultant of a Texas trade association in the
8-8 field of agriculture may not be a member of the board.
8-9 (b) A person who is the spouse of an officer, manager, or
8-10 paid consultant of a Texas trade association in the field of
8-11 agriculture may not be a member of the board.
8-12 (c) For the purposes of this section, a Texas trade
8-13 association is a nonprofit, cooperative, and voluntarily joined
8-14 association of business or professional competitors in this state
8-15 designed to assist its members and its industry or profession in
8-16 dealing with mutual business or professional problems and in
8-17 promoting their common interest.
8-18 (d) A person may not serve as a member of the board or act
8-19 as the general counsel to the board if the person is required to
8-20 register as a lobbyist under Chapter 305, Government Code, because
8-21 of the person's activities for compensation on behalf of a
8-22 profession related to the operation of the board.
8-23 Sec. 58.0173. REMOVAL OF BOARD MEMBER. (a) It is a ground
8-24 for removal from the board if a member:
8-25 (1) does not have at the time of appointment the
8-26 qualifications required by Section 58.012;
8-27 (2) does not maintain during service on the board the
9-1 qualifications required by Section 58.012;
9-2 (3) violates a prohibition established by Section
9-3 58.0172;
9-4 (4) cannot because of illness or disability discharge
9-5 the member's duties for a substantial part of the term for which
9-6 the member is appointed; or
9-7 (5) is absent from more than half of the regularly
9-8 scheduled board meetings that the member is eligible to attend
9-9 during a calendar year unless the absence is excused by majority
9-10 vote of the board.
9-11 (b) The validity of an action of the board is not affected
9-12 by the fact that it is taken when a ground for removal of a board
9-13 member exists.
9-14 (c) If the commissioner has knowledge that a potential
9-15 ground for removal exists, the commissioner shall notify the
9-16 chairman of the board of the potential ground. The chairman shall
9-17 then notify the governor and the attorney general that a potential
9-18 ground for removal exists. If the potential ground for removal
9-19 involves the chairman, the commissioner shall notify the next
9-20 highest officer of the board, who shall notify the governor and the
9-21 attorney general that a potential ground for removal exists.
9-22 Sec. 58.0174. STANDARDS OF CONDUCT. The commissioner or the
9-23 commissioner's designee shall provide to members of the board, as
9-24 often as necessary, information regarding their qualification for
9-25 office under this chapter and their responsibilities under
9-26 applicable laws relating to standards of conduct for state
9-27 officers.
10-1 Sec. 58.0175. SEPARATION OF RESPONSIBILITIES. The board
10-2 shall develop and implement policies that clearly separate the
10-3 policymaking responsibilities of the board and the management
10-4 responsibilities of the commissioner and the staff of the
10-5 department.
10-6 Sec. 58.0176. BOARD MEMBER TRAINING. (a) Before a member
10-7 of the board may assume the member's duties and before the member
10-8 may be confirmed by the senate, the member must complete at least
10-9 one course of the training program established under this section.
10-10 (b) A training program established under this section shall
10-11 provide information to the member regarding:
10-12 (1) the enabling legislation that created the board;
10-13 (2) the programs operated by the board;
10-14 (3) the role and functions of the board;
10-15 (4) the rules of the board;
10-16 (5) the current budget for funds the board
10-17 administers;
10-18 (6) the results of the most recent formal audit of the
10-19 board;
10-20 (7) the requirements of:
10-21 (A) Chapter 551, Government Code;
10-22 (B) Chapter 552, Government Code; and
10-23 (C) Chapter 2001, Government Code;
10-24 (8) the requirements of the conflict of interest laws
10-25 and other laws relating to public officials; and
10-26 (9) any applicable ethics policies adopted by the
10-27 department or the Texas Ethics Commission.
11-1 SECTION 1.14. Section 62.002, Agriculture Code, is amended
11-2 by amending Subsection (d) and adding Subsection (e) to read as
11-3 follows:
11-4 (d) The governor shall designate a member of the board as
11-5 the chairman to serve in that capacity at the pleasure of the
11-6 governor. The board annually shall elect a <chairman,>
11-7 vice-chairman<,> and secretary. The board shall meet at times and
11-8 places determined by the chairman.
11-9 (e) Appointments to the board shall be made without regard
11-10 to the race, color, disability, sex, religion, age, or national
11-11 origin of the appointees.
11-12 SECTION 1.15. Chapter 62, Agriculture Code, is amended by
11-13 adding Sections 62.0022, 62.0023, 62.0024, 62.0025, 62.0026, and
11-14 62.0027 to read as follows:
11-15 Sec. 62.0022. BOARD CONFLICT OF INTEREST. (a) An officer,
11-16 employee, or paid consultant of a Texas trade association in the
11-17 field of agriculture may not be a member of the board.
11-18 (b) A person who is the spouse of an officer, manager, or
11-19 paid consultant of a Texas trade association in the field of
11-20 agriculture may not be a member of the board.
11-21 (c) For the purposes of this section, a Texas trade
11-22 association is a nonprofit, cooperative, and voluntarily joined
11-23 association of business or professional competitors in this state
11-24 designed to assist its members and its industry or profession in
11-25 dealing with mutual business or professional problems and in
11-26 promoting their common interest.
11-27 (d) A person may not serve as a member of the board or act
12-1 as the general counsel to the board if the person is required to
12-2 register as a lobbyist under Chapter 305, Government Code, because
12-3 of the person's activities for compensation on behalf of a
12-4 profession related to the operation of the board.
12-5 Sec. 62.0023. REMOVAL OF BOARD MEMBER. (a) It is a ground
12-6 for removal from the board if a member:
12-7 (1) does not have at the time of appointment the
12-8 qualifications required by Section 62.002;
12-9 (2) does not maintain during service on the board the
12-10 qualifications required by Section 62.002;
12-11 (3) violates a prohibition established by Section
12-12 62.0022;
12-13 (4) cannot because of illness or disability discharge
12-14 the member's duties for a substantial part of the term for which
12-15 the member is appointed; or
12-16 (5) is absent from more than half of the regularly
12-17 scheduled board meetings that the member is eligible to attend
12-18 during a calendar year unless the absence is excused by majority
12-19 vote of the board.
12-20 (b) The validity of an action of the board is not affected
12-21 by the fact that it is taken when a ground for removal of a board
12-22 member exists.
12-23 (c) If the commissioner has knowledge that a potential
12-24 ground for removal exists, the commissioner shall notify the
12-25 chairman of the board of the potential ground. The chairman shall
12-26 then notify the governor and the attorney general that a potential
12-27 ground for removal exists. If the potential ground for removal
13-1 involves the chairman, the commissioner shall notify the next
13-2 highest officer of the board who shall notify the governor and the
13-3 attorney general that a potential ground for removal exists.
13-4 Sec. 62.0024. STANDARDS OF CONDUCT. The commissioner or the
13-5 commissioner's designee shall provide to members of the board and
13-6 to department employees, as often as necessary, information
13-7 regarding their qualification for office or employment under this
13-8 chapter and their responsibilities under applicable laws relating
13-9 to standards of conduct for state officers or employees.
13-10 Sec. 62.0025. BOARD MEETINGS; ADMINISTRATIVE PROCEDURE. (a)
13-11 The board shall develop and implement policies that provide the
13-12 public with a reasonable opportunity to appear before the board
13-13 and to speak on any issue under the jurisdiction of the board.
13-14 (b) The board is subject to Chapter 551, Government Code,
13-15 and Chapter 2001, Government Code.
13-16 Sec. 62.0026. SEPARATION OF RESPONSIBILITIES. The board
13-17 shall develop and implement policies that clearly separate the
13-18 policymaking responsibilities of the board and the management
13-19 responsibilities of the commissioner and the staff of the
13-20 department.
13-21 Sec. 62.0027. BOARD MEMBER TRAINING. (a) Before a member
13-22 of the board may assume the member's duties and before the member
13-23 may be confirmed by the senate, the member must complete at least
13-24 one course of the training program established under this section.
13-25 (b) A training program established under this section shall
13-26 provide information to the member regarding:
13-27 (1) Chapter 64, this chapter, and the enabling
14-1 legislation that created the board;
14-2 (2) the programs operated by the board;
14-3 (3) the role and functions of the board;
14-4 (4) the rules of the board with an emphasis on the
14-5 rules that relate to disciplinary and investigatory authority;
14-6 (5) the requirements of:
14-7 (A) Chapter 551, Government Code;
14-8 (B) Chapter 552, Government Code; and
14-9 (C) Chapter 2001, Government Code;
14-10 (6) the requirements of the conflict of interest laws
14-11 and other laws relating to public officials; and
14-12 (7) any applicable ethics policies adopted by the
14-13 department or the Texas Ethics Commission.
14-14 SECTION 1.16. Section 62.0065(a), Agriculture Code, is
14-15 amended read as follows:
14-16 (a) Not later than the 30th day after the date on which a
14-17 licensing or registration examination is administered under this
14-18 chapter, the board shall notify each examinee of the results of the
14-19 examination. However, if an examination is graded or reviewed by a
14-20 national testing service, the board shall notify examinees of the
14-21 results of the examination not later than the 14th day after the
14-22 date on which the board receives the results from the testing
14-23 service. If the notice of examination results graded or reviewed
14-24 by a national testing service will be delayed for longer than 90
14-25 days after the examination date, the board shall notify the
14-26 examinee of the reason for the delay before the 90th day. The
14-27 board may require a testing service to notify examinees of the
15-1 results of an examination.
15-2 SECTION 1.17. Sections 76.110(b) and (d), Agriculture Code,
15-3 are amended to read as follows:
15-4 (b) Not later than the 30th day after the date on which a
15-5 licensing examination is administered under this section, the
15-6 appropriate regulatory agency shall notify each examinee of the
15-7 results of the examination. However, if an examination is graded
15-8 or reviewed by a national testing service, the appropriate
15-9 regulatory agency shall notify examinees of the results of the
15-10 examination not later than the 14th day after the date on which the
15-11 appropriate regulatory agency receives the results from the testing
15-12 service. If the notice of examination results graded or reviewed
15-13 by a national testing service will be delayed for longer than 90
15-14 days after the examination date, the appropriate regulatory agency
15-15 shall notify the examinee of the reason for the delay before the
15-16 90th day. The appropriate regulatory agency may require a testing
15-17 service to notify examinees of the results of an examination.
15-18 (d) The appropriate <head of a> regulatory agency may waive
15-19 <part or all of> any prerequisite to obtaining a license for an
15-20 applicant after reviewing the applicant's credentials and
15-21 determining that the applicant holds a valid license from another
15-22 state that has license <examination> requirements <on a reciprocal
15-23 basis with any other state or federal agency that has>
15-24 substantially equivalent to those of this state <the same
15-25 examination standards>.
15-26 SECTION 1.18. Section 103.003, Agriculture Code, is amended
15-27 by adding Subsections (e), (f), and (g) to read as follows:
16-1 (e) Appointments to the board shall be made without regard
16-2 to the race, color, disability, sex, religion, age, or national
16-3 origin of the appointees.
16-4 (f) The governor shall designate a member of the board as
16-5 the presiding officer of the board to serve in that capacity at the
16-6 pleasure of the governor.
16-7 (g) The board is subject to Chapter 551, Government Code,
16-8 and Chapter 2001, Government Code.
16-9 SECTION 1.19. Section 103.004, Agriculture Code, is amended
16-10 to read as follows:
16-11 Sec. 103.004. DUTIES OF THE BOARD. (a) The board shall:
16-12 (1) advise the department on all matters relating to
16-13 the fund, including the fund's budget and the revenues necessary to
16-14 accomplish the purposes of the fund;
16-15 (2) advise the department in the adoption of rules
16-16 relating to the payment of claims from the fund and to the
16-17 administration of the fund; and
16-18 (3) conduct adjudicative hearings on disputed claims
16-19 presented for payment from the fund.
16-20 (b) The board shall develop and implement policies that
16-21 provide the public with a reasonable opportunity to appear before
16-22 the board and to speak on any issue under the jurisdiction of the
16-23 board.
16-24 (c) The board shall develop and implement policies that
16-25 clearly separate the policymaking responsibilities of the board and
16-26 the management responsibilities of the commissioner and the staff
16-27 of the department.
17-1 SECTION 1.20. Chapter 103, Agriculture Code, is amended by
17-2 adding Sections 103.016, 103.017, 103.018, and 103.019 to read as
17-3 follows:
17-4 Sec. 103.016. BOARD CONFLICT OF INTEREST. (a) An officer,
17-5 employee, or paid consultant of a Texas trade association in the
17-6 field of agriculture may not be a member of the board.
17-7 (b) A person who is the spouse of an officer, manager, or
17-8 paid consultant of a Texas trade association in the field of
17-9 agriculture may not be a member of the board.
17-10 (c) For the purposes of this section, a Texas trade
17-11 association is a nonprofit, cooperative, and voluntarily joined
17-12 association of business or professional competitors in this state
17-13 designed to assist its members and its industry or profession in
17-14 dealing with mutual business or professional problems and in
17-15 promoting their common interest.
17-16 (d) A person may not serve as a member of the board or act
17-17 as the general counsel to the board if the person is required to
17-18 register as a lobbyist under Chapter 305, Government Code, because
17-19 of the person's activities for compensation on behalf of a
17-20 profession related to the operation of the board.
17-21 Sec. 103.017. REMOVAL OF BOARD MEMBER. (a) It is a ground
17-22 for removal from the board if a member:
17-23 (1) does not have at the time of appointment the
17-24 qualifications required by Section 103.003;
17-25 (2) does not maintain during service on the board the
17-26 qualifications required by Section 103.003;
17-27 (3) violates a prohibition established by Section
18-1 103.016;
18-2 (4) cannot because of illness or disability discharge
18-3 the member's duties for a substantial part of the term for which
18-4 the member is appointed; or
18-5 (5) is absent from more than half of the regularly
18-6 scheduled board meetings that the member is eligible to attend
18-7 during a calendar year unless the absence is excused by majority
18-8 vote of the board.
18-9 (b) The validity of an action of the board is not affected
18-10 by the fact that it is taken when a ground for removal of a board
18-11 member exists.
18-12 (c) If the commissioner has knowledge that a potential
18-13 ground for removal exists, the commissioner shall notify the
18-14 chairman of the board of the potential ground. The chairman shall
18-15 then notify the governor and the attorney general that a potential
18-16 ground for removal exists. If the potential ground for removal
18-17 involves the chairman, the commissioner shall notify the next
18-18 highest officer of the board who shall notify the governor and the
18-19 attorney general that a potential ground for removal exists.
18-20 Sec. 103.018. QUALIFICATIONS AND STANDARDS OF CONDUCT. The
18-21 commissioner or the commissioner's designee shall provide to
18-22 members of the board and to department employees, as often as
18-23 necessary, information regarding their qualification for office or
18-24 employment under this chapter and their responsibilities under
18-25 applicable laws relating to standards of conduct for state officers
18-26 or employees.
18-27 Sec. 103.019. BOARD MEMBER TRAINING. (a) Before a member
19-1 of the board may assume the member's duties and before the member
19-2 may be confirmed by the senate, the member must complete at least
19-3 one course of the training program established under this section.
19-4 (b) A training program established under this section shall
19-5 provide information to the member regarding:
19-6 (1) this chapter;
19-7 (2) the programs operated by the board;
19-8 (3) the role and functions of the board;
19-9 (4) the rules of the board with an emphasis on the
19-10 rules that relate to disciplinary and investigatory authority;
19-11 (5) the current budget for the produce recovery fund;
19-12 (6) the requirements of:
19-13 (A) Chapter 551, Government Code;
19-14 (B) Chapter 552, Government Code; and
19-15 (C) Chapter 2001, Government Code;
19-16 (7) the requirements of the conflict of interest laws
19-17 and other laws relating to public officials; and
19-18 (8) any applicable ethics policies adopted by the
19-19 department or the Texas Ethics Commission.
19-20 ARTICLE 2. FEES
19-21 SECTION 2.01. Chapter 12, Agriculture Code, is amended by
19-22 adding Section 12.0144 to read as follows:
19-23 Sec. 12.0144. FEE SCHEDULE. The department by rule shall
19-24 adopt a schedule for all fees set by the department under this
19-25 code. The department shall set each fee in an amount designed to
19-26 recover all the costs of administering the regulatory program with
19-27 which the fee is associated, except a regulatory program exempted
20-1 by the department because increased cost recovery would be contrary
20-2 to the program's purpose. If a program regulates more than one
20-3 activity, the department shall set fees associated with an activity
20-4 to recover only those costs associated with that activity.
20-5 SECTION 2.02. Section 12.0175, Agriculture Code, is amended
20-6 to read as follows:
20-7 Sec. 12.0175. GROWN IN TEXAS PROGRAM. If the department
20-8 establishes a program to promote products grown in the state or
20-9 products made from ingredients grown in the state, the department
20-10 may charge a membership fee <not to exceed $50>, as provided by
20-11 department rule, for each producer that participates in the
20-12 program. The fee shall be designed to recover the costs of
20-13 promotion.
20-14 SECTION 2.03. Sections 12.018(a) and (c), Agriculture Code,
20-15 are amended to read as follows:
20-16 (a) On request of any person, the department may test an
20-17 agricultural product for aflatoxins. The department may set and
20-18 charge a fee, as provided by department rule, <of not less than $20
20-19 nor more than $40> for each test.
20-20 (c) <The department shall charge a fee of not less than $5
20-21 nor more than $150 for each laboratory analysis performed under
20-22 Subsection (b) of this section.> The department shall set by rule
20-23 the fee for each type of laboratory analysis. <Each fee shall be
20-24 designed to recover at least half of the costs of performing the
20-25 analysis.>
20-26 SECTION 2.04. Section 12.021, Agriculture Code, is amended
20-27 to read as follows:
21-1 Sec. 12.021. FEE FOR PHYTOSANITATION CERTIFICATE INSPECTION.
21-2 The department shall collect an inspection fee, as provided by
21-3 department rule, <of not less than $25> for the issuance of a
21-4 phytosanitation fee certificate required by foreign countries or
21-5 other states for agricultural products exported from this state.
21-6 SECTION 2.05. Section 12.024, Agriculture Code, is amended
21-7 to read as follows:
21-8 Sec. 12.024. Late Renewal of License or Registration. (a)
21-9 A person who is otherwise eligible to renew a license or
21-10 registration may renew an unexpired license or registration by
21-11 paying the required renewal fee to the department before the
21-12 expiration date of the license or registration. A person whose
21-13 license or registration has expired may not engage in activities
21-14 that require a license or registration until the license or
21-15 registration has been renewed under the provisions of this section.
21-16 <This section is applicable only to a renewal fee under Section
21-17 13.304, 13.354, 14.005, 18.003, 18.004, 71.043, 71.057, 75.004,
21-18 76.044, 76.073, 76.113, or 132.025 of this code.>
21-19 (b) If the person's license or registration has been expired
21-20 for 90 days or less, the person may renew the license or
21-21 registration by paying to the department 1-1/2 times the required
21-22 renewal fee. <A late fee is assessed according to the following
21-23 schedule:>
21-24 <Days Late Late Fee Amount>
21-25 <at least 1 but less than 31 20% of the renewal fee>
21-26 <at least 31 but less than 91 50% of the renewal fee>
21-27 <at least 91 but less than 365 100% of the renewal fee>
22-1 (c) If the person's license or registration has been expired
22-2 for longer than 90 days but less than one year, the person may
22-3 renew the license or registration by paying to the department two
22-4 times the required renewal fee. <A person who fails to pay the
22-5 renewal fee and the applicable late fee within one year after the
22-6 due date of the renewal fee is not eligible to renew a license.
22-7 The ineligible person may reapply for an initial license or
22-8 registration.>
22-9 (d) If the person's license or registration has been expired
22-10 for one year or longer, the person may not renew the license or
22-11 registration. The person may obtain a new license or registration
22-12 by submitting to reexamination, if applicable, and complying with
22-13 the requirements and procedures for obtaining an original license
22-14 or registration.
22-15 (e) If the person was licensed or registered in this state,
22-16 moved to another state, and is currently licensed or registered and
22-17 has been in practice in the other state for the two years preceding
22-18 application, the person may renew an expired license or
22-19 registration without reexamination, if required. The person must
22-20 pay to the department a fee that is equal to two times the required
22-21 renewal fee for the license or registration.
22-22 (f) At least 30 days before the expiration of a person's
22-23 license or registration, the department shall send written notice
22-24 of the impending license or registration expiration to the person
22-25 at the license holder's or registrant's last known address
22-26 according to the records of the department.
22-27 (g) The department by rule shall set fees required by this
23-1 section.
23-2 SECTION 2.06. Sections 13.115(b)-(f), Agriculture Code, are
23-3 amended to read as follows:
23-4 (b) The department shall charge a fee, as provided by
23-5 department rule, for testing a measuring device on a raw milk
23-6 storage tank that is situated on a farm. <may not exceed the
23-7 following amounts:>
23-8 <TANK CAPACITY FEE>
23-9 <Less than 401 gallons $12.50>
23-10 <401 gallons or more but less than 601 gallons $18.75>
23-11 <601 gallons or more $25>
23-12 (c) The department shall charge a fee, as provided by
23-13 department rule, for tolerance testing of a weight by the
23-14 department's metrology laboratory. <is:>
23-15 <WEIGHT FEE>
23-16 <Less than 10 pounds $ 2>
23-17 <10 pounds or more but less than 500 pounds $ 5>
23-18 <500 pounds or more but less than 2,500 pounds $10>
23-19 <2,500 pounds or more $20>
23-20 (d) The department shall charge a fee, as provided by
23-21 department rule, for tolerance testing of a measure by the
23-22 department's metrology laboratory. <is:>
23-23 <MEASURE CAPACITY FEES>
23-24 <5 gallons or less $10>
23-25 <More than 5 gallons $10>
23-26 <plus 20 cents for each gallon over 5>
23-27 (e) The department shall charge a fee, as provided by
24-1 department rule, for precision testing performed by the
24-2 department's metrology laboratory. <is:>
24-3 <WEIGHT FEES>
24-4 <Not more than 3 kilograms $25>
24-5 <More than 3 kilograms but not more than 30 kilograms $50>
24-6 <More than 30 kilograms $70>
24-7 (f) The department shall charge a fee, as provided by
24-8 department rule, for precision testing of tapes, rules, glassware,
24-9 and other measuring devices performed by the department's metrology
24-10 laboratory <is $25 for each increment>.
24-11 SECTION 2.07. Sections 13.1151(b)-(d), Agriculture Code, are
24-12 amended to read as follows:
24-13 (b) The department shall charge an annual fee, as provided
24-14 by department rule, for registration of a pump <may not exceed
24-15 $6.25>.
24-16 (c) The department shall charge an annual fee, as provided
24-17 by department rule, for registration of a scale. <may not exceed
24-18 the following amounts:>
24-19 <SCALE CAPACITY FEE>
24-20 <Less than 4,999 pounds $12.50>
24-21 <4,999 pounds or more $100>
24-22 (d) The department shall charge an annual fee, as provided
24-23 by department rule, for registration of a bulk or liquefied
24-24 petroleum gas metering device <may not exceed $80>.
24-25 SECTION 2.08. Section 13.207(d), Agriculture Code, is
24-26 amended to read as follows:
24-27 (d) The department shall collect a fee, as provided by
25-1 department rule, <of $10> for each license issued.
25-2 SECTION 2.09. Section 13.255(b), Agriculture Code, is
25-3 amended to read as follows:
25-4 (b) A state public weigher must submit a nonrefundable fee,
25-5 as provided by department rule, <of $400> with the application for
25-6 a certificate of authority. A county public weigher or a deputy
25-7 public weigher must submit a nonrefundable fee, as provided by
25-8 department rule, <of $100> with the application for a certificate
25-9 of authority.
25-10 SECTION 2.10. Sections 13.304(a) and (b), Agriculture Code,
25-11 are amended to read as follows:
25-12 (a) An application for a license shall be submitted to the
25-13 department on a form prescribed by the department, accompanied by a
25-14 nonrefundable annual license fee in an amount established by
25-15 department rule<, not to exceed $200>.
25-16 (b) A license issued under this subchapter expires on the
25-17 anniversary date of the person's test equipment calibration, as
25-18 such anniversary is defined by a department rule, and may be
25-19 renewed by filing with the department a renewal application form
25-20 prescribed by the department, accompanied by a nonrefundable annual
25-21 license renewal fee in an amount established by department rule<,
25-22 not to exceed $200>.
25-23 SECTION 2.11. Sections 13.354(a) and (b), Agriculture Code,
25-24 are amended to read as follows:
25-25 (a) An application for a license shall be submitted to the
25-26 department on a form prescribed by the department, accompanied by a
25-27 nonrefundable annual license fee in an amount established by
26-1 department rule<, not to exceed $200>.
26-2 (b) A license issued under this subchapter expires on the
26-3 anniversary date of the person's test equipment calibration, as
26-4 such anniversary is defined by department rule, and may be renewed
26-5 by filing with the department a renewal application form prescribed
26-6 by the department, accompanied by a nonrefundable annual license
26-7 renewal fee in an amount established by department rule<, not to
26-8 exceed $200>.
26-9 SECTION 2.12. Section 14.005(b), Agriculture Code, is
26-10 amended to read as follows:
26-11 (b) An applicant must file a separate application for each
26-12 license, renewal, or amendment and shall accompany each application
26-13 for a license or renewal with a nonrefundable annual license fee,
26-14 as provided by department rule <of $75>. The department shall
26-15 prescribe the information to be contained in the application. A
26-16 person who fails to submit a renewal fee on or before the
26-17 expiration date of the license must pay, in addition to the renewal
26-18 fee, the late fee provided by Section 12.024 of this code.
26-19 SECTION 2.13. Section 14.014(d), Agriculture Code, is
26-20 amended to read as follows:
26-21 (d) The department shall collect from the warehouseman whose
26-22 public grain warehouse is inspected an inspection fee for an annual
26-23 inspection or an inspection requested by the warehouseman, but may
26-24 not collect an inspection fee for other inspections. The
26-25 department by rule shall set the inspection fee <is $4> for each
26-26 10,000 bushels or fraction of 10,000 bushels of licensed storage
26-27 capacity of the warehouse inspected <or $100, whichever is
27-1 greater>.
27-2 SECTION 2.14. Section 14.107(c), Agriculture Code, is
27-3 amended to read as follows:
27-4 (c) The department shall collect a filing fee, as provided
27-5 by department rule, <of $1> for the certificate of qualification.
27-6 SECTION 2.15. Section 14.118(c), Agriculture Code, is
27-7 amended to read as follows:
27-8 (c) The corporation shall pay to the department a just and
27-9 reasonable fee, as determined by the department, for an examination
27-10 under this section. <The fee may not exceed:>
27-11 <(1) $5 for a corporation with a capital stock of less
27-12 than $2,500;>
27-13 <(2) $10 for a corporation with a capital stock of
27-14 $2,500 or more but not more than $10,000;>
27-15 <(3) $20 for a corporation with a capital stock of
27-16 more than $10,000 but not more than $25,000; and>
27-17 <(4) $200 for a corporation with a capital stock of
27-18 $1,000,000 or more.>
27-19 SECTION 2.16. Section 16.002(c), Agriculture Code, is
27-20 amended to read as follows:
27-21 (c) Each December, the person responsible for registration
27-22 shall apply for registration and pay a registration fee, as
27-23 provided by department rule, <of $40> for each brand of antifreeze
27-24 to be sold. Unless canceled, the registration is valid for the
27-25 following calendar year.
27-26 SECTION 2.17. Section 17.008, Agriculture Code, is amended
27-27 to read as follows:
28-1 Sec. 17.008. Fees. The department may prescribe and collect
28-2 an initial registration fee and may prescribe and collect an annual
28-3 renewal fee. <Neither fee may exceed $100.>
28-4 SECTION 2.18. Section 18.006, Agriculture Code, is amended
28-5 to read as follows:
28-6 Sec. 18.006. Fees. (a) The department may charge an annual
28-7 fee, as provided by department rule, <not to exceed $2,500> for
28-8 each applicant certified as a producer, distributor, or retailer
28-9 and a fee, as provided by department rule, <not to exceed $5,000>
28-10 for each applicant certified as a processor of organic food or
28-11 fiber produced in this state.
28-12 (b) The department may charge an annual fee, as provided by
28-13 department rule, <not to exceed $2,500> for each applicant
28-14 certified as a distributor or retailer and a fee, as provided by
28-15 department rule, <not to exceed $5,000> for each applicant
28-16 certified as a processor of organic food or fiber produced outside
28-17 of this state.
28-18 (c) The department may charge an annual fee, as provided by
28-19 department rule, <not to exceed $2,500> for a person who obtains a
28-20 certificate of accreditation as an organic certifying agent.
28-21 <(d) The department shall set fees under this chpater in
28-22 amounts that enable it to recover the costs of administering this
28-23 chapter.>
28-24 SECTION 2.19. Section 52.151(c), Agriculture Code, is
28-25 amended to read as follows:
28-26 (c) Each marketing association shall pay to the department
28-27 an annual license fee, as provided by department rule <of $10>. A
29-1 marketing association is exempt from all other franchise or license
29-2 taxes, except that a marketing association is exempt from the
29-3 franchise tax imposed by Chapter 171, Tax Code, only if exempted by
29-4 that chapter.
29-5 SECTION 2.20. Section 53.006, Agriculture Code, is amended
29-6 to read as follows:
29-7 Sec. 53.006. Certification. The department shall issue to a
29-8 financial pool a certificate of authority to do business under this
29-9 chapter after the department:
29-10 (1) receives the bond required by Section 53.005 of
29-11 this code;
29-12 (2) receives payment of a fee, as provided by
29-13 department rule <of $10>; and
29-14 (3) determines that the bond is genuine.
29-15 SECTION 2.21. Section 61.011(d), Agriculture Code, is
29-16 amended to read as follows:
29-17 (d) Quarterly reports filed under Subsection (c)(2) of this
29-18 section are due within 30 days after the last day of November,
29-19 February, May, and August. Unless filed in accordance with prior
29-20 written approval of the department for late filing, a person who
29-21 does not file the report within the allotted time shall pay to the
29-22 department a penalty fee, as provided by department rule <not to
29-23 exceed $25 or 10 percent of the amount of the fee due, whichever is
29-24 greater>.
29-25 SECTION 2.22. Section 62.005(d), Agriculture Code, is
29-26 amended to read as follows:
29-27 (d) An application for licensing as a Foundation,
30-1 Registered, or Certified producer of seed or plants must be
30-2 accompanied by a nonrefundable license fee <not to exceed $100>, as
30-3 provided by department rule.
30-4 SECTION 2.23. Section 64.006(a), Agriculture Code, is
30-5 amended to read as follows:
30-6 (a) A purchaser may begin arbitration by filing with the
30-7 commissioner a sworn complaint and a nonrefundable filing fee, as
30-8 provided by department rule <of $10>. The purchaser shall send a
30-9 copy of the complaint to the seller by certified mail. Except in
30-10 the case of seed that has not been planted, the complaint must be
30-11 filed within the time necessary to permit effective inspection of
30-12 the plants under field conditions.
30-13 SECTION 2.24. Section 71.005(c), Agriculture Code, is
30-14 amended to read as follows:
30-15 (c) The department<, by rule,> may charge a fee, as provided
30-16 by department rule, <not to exceed $25> for an inspection required
30-17 for the movement of plants into or out of a quarantined area.
30-18 SECTION 2.25. Sections 71.114(b) and (c), Agriculture Code,
30-19 are amended to read as follows:
30-20 (b) The department shall charge an inspection fee <is $5
30-21 plus not less than 25 cents nor more than $1>, as provided <set> by
30-22 rule of the department, for each acre over five acres to be
30-23 inspected.
30-24 (c) In addition to the inspection fee, a person applying for
30-25 certification of sweet potatoes shall pay a fee, as provided by
30-26 department rule, <of not less than one cent nor more than three
30-27 cents> for each certificate tag or stamp issued.
31-1 SECTION 2.26. Section 74.090, Agriculture Code, is amended
31-2 to read as follows:
31-3 Sec. 74.090. Escrow Fee. From each escrow account, the
31-4 department is entitled to deduct an escrow fee, as provided by
31-5 department rule <not to exceed an amount equal to one percent of
31-6 the total deposit>. Fees collected under this section shall be
31-7 used for the purpose of compensating inspectors and defraying other
31-8 necessary costs in the administration of this subchapter.
31-9 SECTION 2.27. Section 75.004(d), Agriculture Code, is
31-10 amended to read as follows:
31-11 (d) The department by rule shall set the fee for a dealer's
31-12 license <in an amount not to exceed $100>.
31-13 SECTION 2.28. Section 76.044(a), Agriculture Code, is
31-14 amended to read as follows:
31-15 (a) The department shall charge a <A> nonrefundable fee, as
31-16 provided by department rule, <of $100> for each pesticide to be
31-17 registered. The fee must be submitted with an application for
31-18 registration or renewal of registration.
31-19 SECTION 2.29. Section 76.073(a), Agriculture Code, is
31-20 amended to read as follows:
31-21 (a) An application for a pesticide dealer license must be
31-22 accompanied by a nonrefundable annual registration fee <of not more
31-23 than $100>, as fixed by the department.
31-24 SECTION 2.30. Section 93.053, Agriculture Code, is amended
31-25 to read as follows:
31-26 Sec. 93.053. Fees. A public weigher is entitled to receive
31-27 a fee, as provided by department rule, <in the following amount as
32-1 full payment> for issuance of a weight certificate<:>
32-2 <(1) 10 cents if a net load weighs, 7,000 pounds or
32-3 less;>
32-4 <(2) 15 cents if a net load weighs more than 7,000
32-5 pounds but not more than 14,000 pounds; or>
32-6 <(3) 20 cents if a net load weighs more than 14,000
32-7 pounds>.
32-8 SECTION 2.31. Section 95.034, Agriculture Code, is amended
32-9 to read as follows:
32-10 Sec. 95.034. Inspection Fees. <(a)> The department shall
32-11 collect a fee, as provided by department rule, <in the following
32-12 amount> from each person who applies coloring matter to citrus
32-13 fruit<:>
32-14 <(1) no more than one cent per container for each
32-15 container with a capacity greater than one-half bushel;>
32-16 <(2) no more than one-half cent per container for each
32-17 container with a capacity that is one-half bushel or less; or>
32-18 <(3) no more than one cent per 80-pound lot, or
32-19 portion of 80-pound lot, for each lot that is sold or transported
32-20 in bulk>.
32-21 <(b) The department shall set the fees authorized by this
32-22 section at amounts that are as nearly as possible equal to the cost
32-23 of administering this chapter.>
32-24 SECTION 2.32. Section 94.035, Agriculture Code, is amended
32-25 to read as follows:
32-26 Sec. 94.035. INSPECTION FEES. (a) A person who sells or
32-27 ships citrus fruit after August 31 and before December 16 shall pay
33-1 to the department a <maximum> fee, as provided by department rule
33-2 <of:>
33-3 <(1) 2.5 cents per standard box that is sold,
33-4 transported, or delivered for transportation;>
33-5 <(2) 1.5 cents per one-half standard box, or other
33-6 container that is one-half the size of a standard container, that
33-7 is sold, transported, or delivered for transportation; or>
33-8 <(3) 2.5 cents per 80-pound lot, or portion of an
33-9 80-pound lot, that is sold or transported in bulk>.
33-10 (b) <The commissioner shall set the fees authorized by this
33-11 section at amounts that are as nearly as possible equal to the cost
33-12 of administering this chapter, and will reduce fees as necessary to
33-13 prevent the accumulation of a surplus.>
33-14 <(c)> The fees under this section are due when citrus fruit
33-15 is prepared for market or transportation.
33-16 SECTION 2.33. Section 101.006, Agriculture Code, is amended
33-17 to read as follows:
33-18 Sec. 101.006. License Fee. (a) Except as otherwise
33-19 provided by this section, a person applying for a license shall
33-20 include with the license application a license fee, as provided by
33-21 department rule <of $75>.
33-22 (b) The department shall charge a license fee for a cash
33-23 dealer <is $25>.
33-24 (c) Except as otherwise provided by this section, a person
33-25 who applies for a license as a commission merchant or retailer
33-26 under both this chapter and Chapter 102 of this code is entitled to
33-27 pay a single license fee, as provided by department rule <of $75>.
34-1 The person's license shall reflect that the person is licensed to
34-2 handle both citrus fruit and vegetables.
34-3 (d) A person who applies for a license under Subsection (b)
34-4 of this section and Subsection (b) of Section 102.006 of this code
34-5 is entitled to pay a single license fee, as provided by department
34-6 rule <of $25>. The person's license shall reflect that the person
34-7 is licensed to handle both citrus fruit and vegetables.
34-8 SECTION 2.34. Section 101.007(e), Agriculture Code, is
34-9 amended to read as follows:
34-10 (e) If the department refuses an application for a license,
34-11 the department shall deduct from the license fee tendered with the
34-12 application an amount, as provided by department rule, <the sum of
34-13 $5> for the purpose of defraying the costs incident to the filing
34-14 and examination of the application. The department shall refund
34-15 the balance of the license fee to the applicant.
34-16 SECTION 2.35. Section 101.008(c), Agriculture Code, is
34-17 amended to read as follows:
34-18 (c) To renew a license after the license has expired, the
34-19 applicant must pay a late fee, as provided by department rule <of
34-20 $25 per day for each day after the expiration date of the license.
34-21 A late fee under this subsection may not exceed $500>.
34-22 SECTION 2.36. Section 101.010(b), Agriculture Code, is
34-23 amended to read as follows:
34-24 (b) The department may collect a fee, as provided by
34-25 department rule, <not to exceed $5> for each card and shall issue
34-26 transporting agent cards in a color different from buying agent
34-27 cards.
35-1 SECTION 2.37. Section 102.006, Agriculture Code, is amended
35-2 to read as follows:
35-3 Sec. 102.006. License Fee. (a) Except as otherwise
35-4 provided by this section, a person applying for a license shall
35-5 include with the license application a license fee, as provided by
35-6 department rule <of $75>.
35-7 (b) The department shall charge a license fee for a cash
35-8 dealer <is $25>.
35-9 (c) Except as otherwise provided by this section, a person
35-10 who applies for a license as a commission merchant or retailer
35-11 under both this chapter and Chapter 101 of this code is entitled to
35-12 pay a single license fee, as provided by department rule <of $75>.
35-13 The person's license shall reflect that the person is licensed to
35-14 handle both citrus fruit and vegetables.
35-15 (d) A person who applies for a license under Subsection (b)
35-16 of this section and Subsection (b) of Section 101.006 of this code
35-17 is entitled to pay a single license fee, as provided by department
35-18 rule <of $25>. The person's license shall reflect that the person
35-19 is licensed to handle both citrus fruit and vegetables.
35-20 SECTION 2.38. Section 102.007(e), Agriculture Code, is
35-21 amended to read as follows:
35-22 (e) If the department refuses an application for a license,
35-23 the department shall deduct from the license fee tendered with the
35-24 application an amount, as provided by department rule, <the sum of
35-25 $5> for the purpose of defraying the costs incident to the filing
35-26 and examination of the application. The department shall refund
35-27 the balance of the license fee to the applicant.
36-1 SECTION 2.39. Section 102.008(c), Agriculture Code, is
36-2 amended to read as follows:
36-3 (c) To renew a license after the license has expired, the
36-4 applicant must pay a late fee, as provided by department rule <of
36-5 $25 per day for each day after the expiration date of the license.
36-6 A late fee under this subsection may not exceed $500>.
36-7 SECTION 2.40. Section 102.010(b), Agriculture Code, is
36-8 amended to read as follows:
36-9 (b) The department may collect a fee, as provided by
36-10 department rule, <not to exceed $1> for each card and shall issue
36-11 transporting agent cards in a color different from buying agent
36-12 cards.
36-13 SECTION 2.41. Section 102.162, Agriculture Code, is amended
36-14 to read as follows:
36-15 Sec. 102.162. Fees. Each person applying for a marketing
36-16 agreement or license shall submit to the department a filing fee,
36-17 as provided by department rule, <of $10> and a deposit in an amount
36-18 that the department considers sufficient and necessary to defray
36-19 the expenses of preparing and making effective the marketing
36-20 agreement or license.
36-21 SECTION 2.42. Section 103.005, Agriculture Code, is amended
36-22 to read as follows:
36-23 Sec. 103.005. Initiation of Claim. A person who deals with
36-24 a commission merchant or retailer licensed under Chapter 101 or 102
36-25 of this code in the purchasing, handling, selling, and accounting
36-26 for sales of vegetables or citrus fruit and who is aggrieved by an
36-27 action of the commission merchant or retailer as a result of a
37-1 violation of terms or conditions of a contract made by the
37-2 commission merchant or retailer may initiate a claim against the
37-3 fund by filing with the department:
37-4 (1) a sworn complaint against the commission merchant
37-5 or retailer; and
37-6 (2) a filing fee, as provided by department rule <of
37-7 $15>.
37-8 SECTION 2.43. Sections 103.011(a)-(c), Agriculture Code, are
37-9 amended to read as follows:
37-10 (a) Except as otherwise provided by this section, a
37-11 commission merchant or retailer licensed under Chapter 101 or 102
37-12 of this code shall pay an annual fee to the fund, as provided by
37-13 department rule <of $200>.
37-14 (b) A retailer who is licensed under Chapter 101 or 102 of
37-15 this code and whose annual purchases of vegetables and citrus fruit
37-16 are less than $15,000 a year shall pay an annual fee, as provided
37-17 by department rule <of $50>.
37-18 (c) A person who is required by Subsection (a) of this
37-19 section to pay a fee <of $200> and who is licensed in one of those
37-20 classifications under both Chapters 101 and 102 of this code may
37-21 pay a single fee, as provided by department rule <of $250>. A
37-22 person who is required by Subsection (b) of this section to pay a
37-23 <$50> fee and who is licensed in that classification under both
37-24 Chapters 101 and 102 of this code may pay a single fee, as provided
37-25 by department rule <of $75>.
37-26 SECTION 2.44. Section 112.004, Agriculture Code, is amended
37-27 to read as follows:
38-1 Sec. 112.004. Fee. At the time of registration and annually
38-2 thereafter at the time the bond is renewed, the department shall
38-3 collect a fee, as provided by department rule, <of $5> from each
38-4 person who is to be registered as a public cotton classer.
38-5 SECTION 2.45. Section 121.004(c), Agriculture Code, is
38-6 amended to read as follows:
38-7 (c) Each grower, dealer, wholesaler, and processor shall pay
38-8 an annual fee for a certificate of authority based on the actual
38-9 amount of work done by or under the direction of the department in
38-10 administering this chapter. The department shall fix a <the> fee,
38-11 as provided by department rule <in an amount not less than the
38-12 following>, according to the number of rose plants handled, sold,
38-13 or offered for sale during the calendar year. <:>
38-14 <NUMBER OF PLANTS FEE>
38-15 <Less than 100,000 $15>
38-16 <100,000 or more but less than 500,000 $25>
38-17 <500,000 or more but less than 1,000,000 $50>
38-18 <1,000,000 or more $100>
38-19 SECTION 2.46. Section 132.026(a), Agriculture Code, is
38-20 amended to read as follows:
38-21 (a) The license fee for each plant operated by a
38-22 dealer-wholesaler is provided <determined> by department rule
38-23 <applying the fee schedule provided by Subsection (c) of this
38-24 section as follows:>
38-25 <(1) for an applicant for an initial dealer-wholesaler
38-26 license, the schedule is applied to an estimate of the average
38-27 weekly volume of the month in which the applicant will handle the
39-1 most eggs through the applicant's first license year;>
39-2 <(2) for an applicant for renewal of a
39-3 dealer-wholesaler's license who has been in business for less than
39-4 one year, the schedule is applied to the average weekly volume of
39-5 the month in which the licensee handled the most eggs through May
39-6 of the first license year; and>
39-7 <(3) for any other applicant for renewal of a
39-8 dealer-wholesaler license, the schedule is applied to the average
39-9 weekly volume of the 12 months preceding the last May 31>.
39-10 SECTION 2.47. Section 132.027(a), Agriculture Code, is
39-11 amended to read as follows:
39-12 (a) The license fee for each plant operated by a processor
39-13 is provided <determined> by department rule <applying the fee
39-14 schedule provided by Subsection (c) of this section as follows:>
39-15 <(1) for an applicant for an initial processor's
39-16 license, the fee schedule is applied to an estimate of the average
39-17 weekly volume of the month in which the applicant will handle the
39-18 most eggs through the applicant's first license year;>
39-19 <(2) for an applicant for renewal of a processor's
39-20 license who has been in business for less than one year, the fee
39-21 schedule is applied to the average weekly volume of the month in
39-22 which the licensee handled the most eggs through May of the first
39-23 license year; and>
39-24 <(3) for any other applicant for renewal of a
39-25 processor's license, the fee schedule is applied to the average
39-26 weekly volume of the 12 months preceding the last May 31>.
39-27 SECTION 2.48. Section 132.028, Agriculture Code, is amended
40-1 to read as follows:
40-2 Sec. 132.028. FEE FOR BROKER'S LICENSE. The department
40-3 shall charge a license fee, as provided by department rule, for a
40-4 broker <is $350>.
40-5 SECTION 2.49. Sections 132.043(a) and (b), Agriculture Code,
40-6 are amended to read as follows:
40-7 (a) A person licensed under this chapter who first
40-8 establishes the grade, size, and classification of eggs offered for
40-9 sale or sold in this state shall collect a fee, as provided by
40-10 department rule <of five cents per case of 30 dozen eggs on the
40-11 first sale of the eggs>.
40-12 (b) A processor licensed under this chapter shall pay an
40-13 inspection fee, as provided by department rule, <of five cents per
40-14 case of 30 dozen eggs> on the processor's first use or change in
40-15 form of the eggs processed.
40-16 SECTION 2.50. Section 134.014, Agriculture Code, is amended
40-17 to read as follows:
40-18 Sec. 134.014. License Fees. The department shall issue an
40-19 aquaculture license or a fish farm vehicle license on the payment
40-20 of a fee, in an amount set by the commissioner<, not to exceed
40-21 $100>.
40-22 SECTION 2.51. Section 134.015(b), Agriculture Code, is
40-23 amended to read as follows:
40-24 (b) A license is valid for two years after the date of
40-25 issuance. The department shall renew a license on submission by
40-26 the licensee of a completed application and a renewal fee in an
40-27 amount set by the commissioner, <not to exceed $100,> unless the
41-1 department determines that the licensee has violated this chapter
41-2 or a rule adopted under this chapter.
41-3 ARTICLE 3. HEARINGS
41-4 SECTION 3.01. Chapter 12, Agriculture Code, is amended by
41-5 adding Section 12.032 to read as follows:
41-6 Sec. 12.032. COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE
41-7 HEARINGS. (a) The commissioner and the chief administrative law
41-8 judge of the State Office of Administrative Hearings by rule shall
41-9 adopt a memorandum of understanding under which the State Office of
41-10 Administrative Hearings conducts hearings for the department under
41-11 this code. The memorandum of understanding shall require the chief
41-12 administrative law judge, the department, and the commissioner to
41-13 cooperate in connection with the hearings under this code and may
41-14 authorize the State Office of Administrative Hearings to perform
41-15 any administrative act, including giving of notice, that is
41-16 required to be performed by the department or the commissioner
41-17 under this code.
41-18 (b) For a hearing conducted by the State Office of
41-19 Administrative Hearings under this code, the department and the
41-20 commissioner retain the authority to decide whether the
41-21 administrative law judge conducting the hearing for the State
41-22 Office of Administrative Hearings shall:
41-23 (1) enter the final decision in the case after
41-24 completion of the hearing; or
41-25 (2) propose a decision to the department or the
41-26 commissioner for final consideration.
41-27 (c) Any provision of this code that provides that the
42-1 department or the commissioner take an action at a hearing means:
42-2 (1) that the department or the commissioner shall take
42-3 the action after the receipt of a proposal for decision from the
42-4 State Office of Administrative Hearings regarding the hearing
42-5 conducted by that office; or
42-6 (2) if so directed by the department or the
42-7 commissioner, the State Office of Administrative Hearings shall
42-8 enter the final decision in the case after completion of the
42-9 hearing.
42-10 (d) The department shall prescribe rules of procedure for
42-11 any cases not heard by the State Office of Administrative Hearings.
42-12 (e) The department by interagency contract shall reimburse
42-13 the State Office of Administrative Hearings for the costs incurred
42-14 in conducting administrative hearings for the department.
42-15 (f) This section does not apply to hearings held under
42-16 Chapter 103.
42-17 SECTION 3.02. Sections 12.020(i), (k), and (n), Agriculture
42-18 Code, are amended to read as follows:
42-19 (i) If the person charged requests a hearing or fails to
42-20 timely respond to the notice, the department shall set a hearing
42-21 and give notice of the hearing. The hearing shall be conducted
42-22 under Section 12.032 <held by a hearing examiner designated by the
42-23 department>. The administrative law judge <hearing examiner> shall
42-24 make findings of fact and conclusions of law and promptly issue to
42-25 the commissioner a proposal for decision as to the occurrence of
42-26 the violation, including a recommendation as to the amount of the
42-27 proposed penalty if a penalty is warranted. Based on the findings
43-1 of fact, conclusions of law, and recommendations of the judge
43-2 <hearing examiner>, the commissioner by order may find a violation
43-3 has occurred and may assess a penalty or may find that no violation
43-4 has occurred. All proceedings under this subsection are subject to
43-5 Chapter 2001, Government Code <the Administrative Procedure and
43-6 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
43-7 Statutes)>.
43-8 (k) Within the 30-day period immediately following the day
43-9 on which the order becomes final under Section 2001.144, Government
43-10 Code <as provided by Subsection (c), Section 16, Administrative
43-11 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
43-12 Civil Statutes)>, the person charged with the penalty shall:
43-13 (1) pay the penalty in full; or
43-14 (2) if the person files a petition for judicial review
43-15 contesting either the amount of the penalty or the fact of the
43-16 violation or contesting both the fact of the violation and the
43-17 amount of the penalty:
43-18 (A) forward the amount to the department for
43-19 placement in an escrow account; or
43-20 (B) in lieu of payment into escrow, post with
43-21 the department a supersedeas bond in a form approved by the
43-22 department for the amount of the penalty, the bond to be effective
43-23 until all judicial review of the order or decision is final.
43-24 (n) Judicial review of the order or decision of the
43-25 department assessing the penalty shall be under Subchapter G,
43-26 Chapter 2001, Government Code <the substantial evidence rule and
43-27 shall be instituted by filing a petition with a district court in
44-1 Travis County, as provided by Section 19, Administrative Procedure
44-2 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
44-3 Statutes)>.
44-4 SECTION 3.03. Section 13.2555(c), Agriculture Code, is
44-5 amended to read as follows:
44-6 (c) If the department proposes to revoke, modify, or suspend
44-7 a person's certificate, the person is entitled to a hearing
44-8 conducted under Section 12.032 <before a hearings officer
44-9 designated by the department>. The decision of the department is
44-10 appealable in the same manner as provided for contested cases under
44-11 Chapter 2001, Government Code <the Administrative Procedure and
44-12 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
44-13 Statutes)>.
44-14 SECTION 3.04. Section 13.306(d), Agriculture Code, is
44-15 amended to read as follows:
44-16 (d) If the department proposed to deny a person's
44-17 application for a license for inspecting or testing of liquefied
44-18 gas meters or to revoke, modify, or suspend a person's license, the
44-19 person is entitled to a hearing conducted under Section 12.032
44-20 <before a hearings officer designated by the department>. The
44-21 decision of the department is appealable in the same manner as
44-22 provided for contested cases under Chapter 2001, Government Code
44-23 <the Administrative Procedure and Texas Register Act (Article
44-24 6252-13a, Vernon's Texas Civil Statutes)>.
44-25 SECTION 3.05. Section 13.356(d), Agriculture Code, is
44-26 amended to read as follows:
44-27 (d) If the department proposes to deny a person's
45-1 application for a license for inspecting or testing of ranch scales
45-2 or to revoke, modify, or suspend a person's license, the person is
45-3 entitled to a hearing conducted under Section 12.032 <before a
45-4 hearings officer designated by the department>. The decision of
45-5 the department is appealable in the same manner as provided for
45-6 contested cases under Chapter 2001, Government Code <the
45-7 Administrative Procedure and Texas Register Act (Article 6252-13a,
45-8 Vernon's Texas Civil Statutes)>.
45-9 SECTION 3.06. Section 14.003(b), Agriculture Code, is
45-10 amended to read as follows:
45-11 (b) In any hearing conducted <held by the department> under
45-12 this subchapter, the State Office of Administrative Hearings
45-13 <department> may:
45-14 (1) examine under oath any person and examine books
45-15 and records of any licensee;
45-16 (2) hear testimony and gather evidence for the
45-17 discharge of duties under this subchapter;
45-18 (3) administer oaths; and
45-19 (4) issue subpoenas, effective in any part of this
45-20 state, and require attendance of witnesses and the production of
45-21 books.
45-22 SECTION 3.07. Section 14.015(e), Agriculture Code, is
45-23 amended to read as follows:
45-24 (e) Except as provided by Subsection (c) of this section, if
45-25 the department proposes to deny, revoke, modify, or suspend a
45-26 person's application or license, the person is entitled to a
45-27 hearing conducted under Section 12.032 <before a hearings officer
46-1 designated by the department>. The decision of the department is
46-2 appealable in the same manner as provided for contested cases under
46-3 Chapter 2001, Government Code <the Administrative Procedure and
46-4 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
46-5 Statutes)>.
46-6 SECTION 3.08. Section 61.0135(c), Agriculture Code, is
46-7 amended to read as follows:
46-8 (c) If the department proposes to revoke, modify, or suspend
46-9 a person's license, the person is entitled to a hearing conducted
46-10 under Section 12.032 <before a hearings officer designated by the
46-11 department>. The decision of the department is appealable in the
46-12 same manner as provided for contested cases under Chapter 2001,
46-13 Government Code <the Administrative Procedure and Texas Register
46-14 Act (Article 6252-13a, Vernon's Texas Civil Statutes)>.
46-15 SECTION 3.09. Section 62.010(d), Agriculture Code, is
46-16 amended to read as follows:
46-17 (d) If the department proposes to revoke, modify, or suspend
46-18 a person's registration or license, the person is entitled to a
46-19 hearing conducted under Section 12.032 <before a hearings officer
46-20 designated by the department>. The board shall prescribe
46-21 procedures by which all decisions of the department to revoke,
46-22 modify, or suspend a registration or license issued under this
46-23 chapter are appealable to the board.
46-24 SECTION 3.10. Section 63.128(a), Agriculture Code, is
46-25 amended to read as follows:
46-26 (a) A person at interest who is aggrieved by an order or
46-27 ruling of the service may appeal the order or ruling in the manner
47-1 provided for contested cases under Chapter 2001, Government Code
47-2 <the Administrative Procedure and Texas Register Act (Article
47-3 6252-13a, Vernon's Texas Civil Statutes)>.
47-4 SECTION 3.11. Section 75.0055(c), Agriculture Code, is
47-5 amended to read as follows:
47-6 (c) If the department proposes to deny a person's
47-7 application for a license or revoke, modify, or suspend a person's
47-8 license, the person is entitled to a hearing conducted under
47-9 Section 12.032 <before a hearings officer designated by the
47-10 department>. The decision of the department is appealable in the
47-11 same manner as provided for contested cases under Chapter 2001,
47-12 Government Code <the Administrative Procedure and Texas Register
47-13 Act (Article 6252-13a, Vernon's Texas Civil Statutes)>.
47-14 SECTION 3.12. Section 75.021(f), Agriculture Code, is
47-15 amended to read as follows:
47-16 (f) Before the 21st day after the day on which an order is
47-17 entered, an interested person may appeal an order of a
47-18 commissioners court issued under this section to district court to
47-19 test the reasonableness of the commissioners court's fact-finding.
47-20 On appeal, the district court shall follow the rules governing
47-21 judicial review of contested cases under Subchapter G, Chapter
47-22 2001, Government Code <Section 19, Administrative Procedure and
47-23 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
47-24 Statutes)>, and shall apply the substantial evidence rule. Appeals
47-25 may be taken from the district court as in other civil cases.
47-26 SECTION 3.13. Section 76.047(a), Agriculture Code, is
47-27 amended to read as follows:
48-1 (a) If the department has reason to believe that any use of
48-2 a registered pesticide is in violation of a provision of this
48-3 chapter or is dangerous or harmful, the department shall determine
48-4 whether <may conduct> a hearing shall be held under Section 12.032
48-5 on denial or cancellation of registration.
48-6 SECTION 3.14. Section 76.076(d), Agriculture Code, is
48-7 amended to read as follows:
48-8 (d) If the department proposes to deny a person's
48-9 application for a pesticide dealer license or to revoke, modify, or
48-10 suspend a person's license, the person is entitled to a hearing
48-11 conducted under Section 12.032 <before a hearings officer
48-12 designated by the department>. The decision of the department is
48-13 appealable in the same manner as provided for contested cases under
48-14 Chapter 2001, Government Code <the Administrative Procedure and
48-15 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
48-16 Statutes)>.
48-17 SECTION 3.15. Section 76.116, Agriculture Code, is amended
48-18 by amending Subsection (d) and adding Subsection (e) to read as
48-19 follows:
48-20 (d) Except for a temporary suspension under Subsection (b)
48-21 of this section, if the regulatory agency, except for the
48-22 department, proposes to suspend, modify, or revoke a person's
48-23 license or certificate, the person is entitled to a hearing before
48-24 a hearings officer designated by the agency. The agency shall
48-25 prescribe procedures by which all decisions to suspend, modify, or
48-26 revoke are appealable to the governing officer or board of the
48-27 agency.
49-1 (e) Except for a temporary suspension under Subsection (b),
49-2 if the department proposes to suspend, modify, or revoke a person's
49-3 license or certificate, the person is entitled to a hearing
49-4 conducted as provided under Section 12.032. The decision of the
49-5 department is appealable in the same manner as provided for
49-6 contested cases under Chapter 2001, Government Code.
49-7 SECTION 3.16. Sections 76.1555(b), (h), (j), and (n),
49-8 Agriculture Code, are amended to read as follows:
49-9 (b) The penalty may be in an amount not to exceed $2,000 for
49-10 each violation, provided that the penalty shall not exceed $4,000
49-11 for all violations related to a single incident. The department
49-12 shall establish a schedule stating the types of violations possible
49-13 under Chapters 75 and 76 of this code and the maximum fine
49-14 applicable to each type of violation. The department is not
49-15 required to comply with Subchapter B, Chapter 2001, Government Code
49-16 <Section 5, Administrative Procedure and Texas Register Act
49-17 (Article 6252-13a, Vernon's Texas Civil Statutes)>, when
49-18 establishing or revising the schedule. The department shall
49-19 publish the initial schedule and any subsequent revision in the
49-20 Texas Register before the schedule or revision is implemented.
49-21 (h) If the person charged requests a hearing or fails to
49-22 timely respond to the notice, the department shall set a hearing
49-23 and give notice of the hearing. The hearing shall be conducted
49-24 under Section 12.032 <held by a hearing examiner designated by the
49-25 department>. The administrative law judge <hearing examiner> shall
49-26 make findings of fact and conclusions of law and promptly issue to
49-27 the commissioner a proposal for decision as to the occurrence of
50-1 the violation, including a recommendation as to the amount of the
50-2 proposed penalty if a penalty is warranted. Based on the findings
50-3 of fact, conclusions of law, and recommendations of the judge
50-4 <hearing examiner>, the commissioner by order may find a violation
50-5 has occurred and may assess a penalty or may find that no violation
50-6 has occurred. All proceedings under this subsection are subject to
50-7 Chapter 2001, Government Code <the Administrative Procedure and
50-8 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
50-9 Statutes)>.
50-10 (j) Within the 30-day period immediately following the day
50-11 on which the order becomes final under Section 2001.144, Government
50-12 Code <as provided by Section 16(c), Administrative Procedure and
50-13 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
50-14 Statutes)>, the person charged with the penalty shall:
50-15 (1) pay the penalty in full; or
50-16 (2) if the person files a petition for judicial review
50-17 contesting either the amount of the penalty or the fact of the
50-18 violation or contesting both the fact of the violation and the
50-19 amount of the penalty, post a supersedeas bond in a form approved
50-20 by the department for the amount of the penalty or $1,000,
50-21 whichever is less, the bond to be effective until all judicial
50-22 review of the order or decision is final.
50-23 (n) Judicial review of the order or decision of the
50-24 department assessing the penalty shall be under Subchapter G,
50-25 Chapter 2001, Government Code <the substantial evidence rule and
50-26 shall be instituted by filing a petition with a district court in
50-27 Travis County, as provided by Section 19, Administrative Procedure
51-1 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
51-2 Statutes)>.
51-3 SECTION 3.17. Section 76.181(a), Agriculture Code, is
51-4 amended to read as follows:
51-5 (a) A person whose application for registration of a
51-6 pesticide has been denied or whose registration for a pesticide has
51-7 been canceled may appeal the action in the manner provided for
51-8 appeal of contested cases under Chapter 2001, Government Code <the
51-9 Administrative Procedure and Texas Register Act (Article 6252-13a,
51-10 Vernon's Texas Civil Statutes)>.
51-11 SECTION 3.18. Section 76.182(a), Agriculture Code, is
51-12 amended to read as follows:
51-13 (a) A person whose application for an experimental use
51-14 permit, pesticide dealer license, commercial applicator license,
51-15 noncommercial applicator license, or private applicator license has
51-16 been denied or whose experimental use permit, pesticide dealer
51-17 license, commercial applicator license, noncommercial applicator
51-18 license, private applicator license, or private applicator
51-19 certificate has been suspended for more than 10 days, revoked, or
51-20 modified may appeal the action in the manner provided for appeal of
51-21 contested cases under Chapter 2001, Government Code <the
51-22 Administrative Procedure and Texas Register Act (Article 6252-13a,
51-23 Vernon's Texas Civil Statutes)>.
51-24 SECTION 3.19. Section 96.005, Agriculture Code, is amended
51-25 to read as follows:
51-26 Sec. 96.005. Revocation of License. Following a hearing
51-27 conducted under Section 12.032, the department shall revoke the
52-1 license of a licensed grain sampler who:
52-2 (1) fails to comply with the standards for sampling
52-3 prescribed by the department; or
52-4 (2) fails to keep the bond in force in the amount
52-5 required by the department.
52-6 SECTION 3.20. Section 101.007(d), Agriculture Code, is
52-7 amended to read as follows:
52-8 (d) Before refusing an application for a license under this
52-9 section, <the department shall conduct> a hearing shall be
52-10 conducted under Section 12.032 on the license application, and the
52-11 applicant may appeal the decision <of the department,> in the
52-12 manner provided for contested cases under Chapter 2001, Government
52-13 Code <the Administrative Procedure and Texas Register Act (Article
52-14 6252-13a, Vernon's Texas Civil Statutes)>.
52-15 SECTION 3.21. Section 101.012(c), Agriculture Code, is
52-16 amended to read as follows:
52-17 (c) If the department proposes to revoke, modify, or suspend
52-18 a person's license or identification card, the person is entitled
52-19 to a hearing conducted under Section 12.032 <before a hearings
52-20 officer designated by the department>. The decision <of the
52-21 department> is appealable in the same manner as provided for
52-22 contested cases under Chapter 2001, Government Code <the
52-23 Administrative Procedure and Texas Register Act (Article 6252-13a,
52-24 Vernon's Texas Civil Statutes)>.
52-25 SECTION 3.22. Section 102.007(d), Agriculture Code, is
52-26 amended to read as follows:
52-27 (d) Before refusing an application for a license under this
53-1 section, <the department shall conduct> a hearing shall be
53-2 conducted under Section 12.032 on the license application, and the
53-3 applicant may appeal the decision <of the department,> in the
53-4 manner provided for contested cases under Chapter 2001, Government
53-5 Code <the Administrative Procedure and Texas Register Act (Article
53-6 6252-13a, Vernon's Texas Civil Statutes)>.
53-7 SECTION 3.23. Section 102.012(c), Agriculture Code, is
53-8 amended to read as follows:
53-9 (c) If the department proposes to revoke, modify, or suspend
53-10 a person's license or identification card, the person is entitled
53-11 to a hearing conducted under Section 12.032 <before a hearings
53-12 officer designated by the department>. The decision <of the
53-13 department> is appealable in the same manner as provided for
53-14 contested cases under Chapter 2001, Government Code <the
53-15 Administrative Procedure and Texas Register Act (Article 6252-13a,
53-16 Vernon's Texas Civil Statutes)>.
53-17 SECTION 3.24. Section 102.155, Agriculture Code, is amended
53-18 to read as follows:
53-19 Sec. 102.155. HEARING. (a) On its own motion or on
53-20 application of a producer or handler of citrus fruit, <the
53-21 department may conduct> a hearing shall be conducted under Section
53-22 12.032, on the execution of a marketing agreement or on the
53-23 issuance of a license if the department has reason to believe that
53-24 the marketing agreement or license will tend to effectuate the
53-25 policy of this subchapter.
53-26 (b) A <The department shall conduct a> hearing shall be
53-27 conducted under this section in the area subject to this subchapter
54-1 and, <shall> within a reasonable time, <make the> evidence and
54-2 exhibits offered at the hearing shall be made available at a
54-3 central point to any interested party. The department shall
54-4 produce a transcript of the hearing and make it available to any
54-5 interested party.
54-6 SECTION 3.25. Section 102.159(a), Agriculture Code, is
54-7 amended to read as follows:
54-8 (a) If an administrative committee is authorized to collect
54-9 an assessment, for each marketing season or year in which the
54-10 marketing agreement or license is effective the committee shall
54-11 collect from each handler an assessment representing the handler's
54-12 pro rata share of the estimated expenses incurred <by the
54-13 department> in conducting hearings under Section 12.032 and
54-14 incurred by the administrative committee in administering the
54-15 agreement or license during the marketing season or year. The
54-16 department shall estimate those expenses after each administrative
54-17 committee submits to the department a proposed budget.
54-18 SECTION 3.26. Section 102.163(a), Agriculture Code, is
54-19 amended to read as follows:
54-20 (a) If the department has reason to believe that an
54-21 amendment of a marketing agreement or license is necessary or
54-22 desirable to achieve the policy of this subchapter, <the department
54-23 shall conduct> a hearing shall be conducted under Section 12.032 on
54-24 the proposed amendment in the manner provided for the original
54-25 hearing on execution of the agreement or issuance of the license.
54-26 SECTION 3.27. Section 102.167(b), Agriculture Code, is
54-27 amended to read as follows:
55-1 (b) Hearings may be conducted under Section 12.032 <The
55-2 department may hold hearings>, <take> testimony taken, <administer>
55-3 oaths administered, <subpoena> witnesses subpoenaed, and <issue>
55-4 subpoenas issued for the production of relevant books, records, or
55-5 documents. A person may not be excused from attending and
55-6 testifying or from producing documentary evidence <before the
55-7 department> in obedience to a subpoena on the ground that the
55-8 testimony or evidence required may tend to incriminate the person
55-9 or subject the person to a penalty or forfeiture. An individual
55-10 may not be prosecuted or subjected to any penalty or forfeiture
55-11 because of any transaction, matter, or thing concerning which the
55-12 person is required to testify or produce evidence <before the
55-13 department> in obedience to a subpoena. An individual so
55-14 testifying is not exempt from prosecution and punishment for
55-15 perjury committed in that testimony.
55-16 SECTION 3.28. Section 103.006(b), Agriculture Code, is
55-17 amended to read as follows:
55-18 (b) A quorum of the board must be present in order to
55-19 conduct a hearing. The board shall conduct the hearing and a party
55-20 not satisfied with the decision of the board may appeal in the
55-21 manner provided for contested cases under Chapter 2001, Government
55-22 Code <the Administrative Procedure and Texas Register Act (Article
55-23 6252-13a, Vernon's Texas Civil Statutes)>.
55-24 SECTION 3.29. Section 125.005(f), Agriculture Code, is
55-25 amended to read as follows:
55-26 (f) If it is determined <After January 1, 1989, if the
55-27 department determines> after a hearing conducted under Section
56-1 12.032 that an employer has repeatedly failed to maintain the forms
56-2 and attachments as required, the department may require the
56-3 employer to file the documents with the department. In addition,
56-4 the person may be subject to any applicable penalties provided by
56-5 this chapter.
56-6 SECTION 3.30. Sections 125.016(c) and (d), Agriculture Code,
56-7 are amended to read as follows:
56-8 (c) The department shall complete an investigation of a
56-9 complaint not later than 90 days after the date on which the
56-10 complaint is filed. A <The department shall conduct a> hearing
56-11 shall be conducted under Section 12.032 and <issue> an enforcement
56-12 order issued, if appropriate, not later than 90 days after the date
56-13 on which the investigation is completed. If it is necessary to
56-14 commence an action relating to an alleged violation, the action
56-15 must be commenced not later than 60 days after the date on which
56-16 the investigation is completed.
56-17 (d) After providing at least 14 days' written notice and an
56-18 opportunity for a public hearing, the department may issue an
56-19 enforcement order requiring any employer or chemical manufacturer
56-20 covered by this chapter to comply with this chapter or rules
56-21 adopted under this chapter. In addition, if the employer or
56-22 chemical manufacturer fails to comply with this chapter or rules
56-23 adopted under this chapter within 14 days after receiving the
56-24 written notice under this subsection, or fails at any time to
56-25 comply with an enforcement order issued under this chapter, the
56-26 department may require the employer or chemical manufacturer to pay
56-27 an administrative penalty of not more than $500 for each act that
57-1 is a violation of this chapter or a rule adopted or enforcement
57-2 order issued under this chapter. A public hearing held under this
57-3 subsection is a contested case under Chapter 2001, Government Code
57-4 <the Administrative Procedure and Texas Register Act (Article
57-5 6252-13a, Vernon's Texas Civil Statutes)>, and may be appealed
57-6 under that chapter <Act>. In the case of a medical emergency, the
57-7 department may issue an enforcement order immediately and shall
57-8 provide the opportunity for a hearing on the order within 10 days
57-9 after the date on which the order is issued.
57-10 SECTION 3.31. Section 132.072(c), Agriculture Code, is
57-11 amended to read as follows:
57-12 (c) If the department proposes to revoke, modify, or suspend
57-13 a person's license, the person is entitled to a hearing conducted
57-14 under Section 12.032 <before a hearings officer designated by the
57-15 department>. The decision of the department is appealable in the
57-16 same manner as provided for contested cases under Chapter 2001,
57-17 Government Code <the Administrative Procedure and Texas Register
57-18 Act (Article 6252-13a, Vernon's Texas Civil Statutes)>.
57-19 SECTION 3.32. Section 141.128(a), Agriculture Code, is
57-20 amended to read as follows:
57-21 (a) A person at interest who is aggrieved by an order or
57-22 ruling of the service may appeal the order or ruling in the manner
57-23 provided for contested cases by Chapter 2001, Government Code <the
57-24 Administrative Procedure and Texas Register Act (Article 6252-13a,
57-25 Vernon's Texas Civil Statutes)>.
57-26 SECTION 3.33. Section 252.028(c), Agriculture Code, is
57-27 amended to read as follows:
58-1 (c) If the borrower has not made arrangements to meet the
58-2 obligation by the end of the 180th day following the initial
58-3 default, the lender shall file a claim with the commissioner
58-4 identifying the loan and the nature of the default. A <The
58-5 commissioner shall then conduct a> hearing shall be conducted on
58-6 the alleged default as a contested case under Chapter 2001,
58-7 Government Code <the Administrative Procedure and Texas Register
58-8 Act, as amended (Article 6252-13a, Vernon's Texas Civil Statutes)>.
58-9 Appeal of the commissioner's decision to the district court is
58-10 under the substantial evidence rule. The commissioner may waive
58-11 default in the event of extenuating circumstances, including the
58-12 borrower's physical disability. If the commissioner finds that the
58-13 borrower is in default and the commissioner does not waive default,
58-14 the lender shall assign to the state all of the lender's security
58-15 and interest in the loan in exchange for payment of 90 percent of
58-16 all sums due and payable under the first real estate mortgage or
58-17 deed of trust or, if the borrower made a down payment of 10 percent
58-18 or more of the purchase price, all of the sums due and payable
58-19 under the first real estate mortgage or deed of trust. If the loan
58-20 is seller-sponsored, the seller may elect to pay the commissioner
58-21 all sums owed the commissioner by the applicant and retain title to
58-22 the property in lieu of payment by the commissioner under the terms
58-23 of the loan guarantee. If the commissioner determines that the
58-24 lender has met his or her obligations regarding the loan guarantee,
58-25 the commissioner shall authorize payment to the lender and shall
58-26 notify the defaulting party. Payment to the lender must be made
58-27 from amounts on deposit in the farm and ranch loan security fund.
59-1 The state shall then become holder of the mortgage or deed of
59-2 trust.
59-3 SECTION 3.34. Section 2003.021, Government Code, is amended
59-4 by adding Subsection (d) to read as follows:
59-5 (d) The office shall conduct hearings under the Agriculture
59-6 Code as provided under Section 12.032, Agriculture Code. In
59-7 conducting hearings under the Agriculture Code, the office shall
59-8 consider the applicable substantive rules and policies of the
59-9 Department of Agriculture.
59-10 ARTICLE 4. WEIGHTS AND MEASURES
59-11 SECTION 4.01. Section 13.002, Agriculture Code, is amended
59-12 to read as follows:
59-13 Sec. 13.002. Enforcement of Chapter. (a) The department
59-14 shall enforce the provisions of this chapter and shall supervise
59-15 all weights and measures sold or offered for sale in this state.
59-16 The department may purchase apparatus as necessary for the
59-17 administration of this chapter.
59-18 (b) The department may allow another state agency by
59-19 interagency contract to execute the department's responsibilities
59-20 under Subsection (a). The contract may cover the whole state or
59-21 only a specified region.
59-22 SECTION 4.02. Section 13.110(a), Agriculture Code, is
59-23 amended to read as follows:
59-24 (a) In accordance with this subchapter, each sealer may
59-25 <shall> inspect and test all weights and measures used in the
59-26 locality to which the sealer is assigned or in the city or county
59-27 in which the sealer is appointed.
60-1 SECTION 4.03. Section 13.111, Agriculture Code, is amended
60-2 by adding Subsection (c) to read as follows:
60-3 (c) A sealer or a person licensed under Subchapter H shall
60-4 offer to repair an incorrect weight or measure before taking the
60-5 device out of service as provided under Subsection (b). The sealer
60-6 or the weights and measures inspector shall collect a fee
60-7 established by department rule for a repair made to a weight or
60-8 measure.
60-9 SECTION 4.04. Chapter 13, Agriculture Code, is amended by
60-10 adding Subchapter H to read as follows:
60-11 SUBCHAPTER H. LICENSED INSPECTORS OF WEIGHING AND
60-12 MEASURING DEVICES
60-13 Sec. 13.401. LICENSE REQUIREMENT. (a) A person who has a
60-14 license issued under this subchapter has all of the powers and
60-15 duties of a sealer under this chapter except for:
60-16 (1) testing of a package under Section 13.039;
60-17 (2) peace officer status under Section 13.108(b); and
60-18 (3) entering premises or conducting a stop under
60-19 Section 13.108(c).
60-20 (b) It is a defense to prosecution under Section 13.117 or
60-21 13.118 that the sealer is acting under the authority of a license
60-22 issued under this subchapter.
60-23 (c) A person who has a license issued under this subchapter
60-24 may inspect or test:
60-25 (1) liquefied petroleum gas meters under Subchapter F;
60-26 or
60-27 (2) a ranch scale under Subchapter G.
61-1 (d) Unless appointed a sealer under Subchapter C, a person
61-2 may not perform the functions of a sealer without a license issued
61-3 under this subchapter.
61-4 (e) The department shall issue a license to a person who
61-5 meets the requirements of this subchapter.
61-6 (f) A license holder under this subchapter shall conduct
61-7 inspecting or testing activities in compliance with the rules of
61-8 the department.
61-9 (g) A license holder shall maintain and submit to the
61-10 department a report and record of all inspecting or testing
61-11 activities compiled in accordance with the rules of the department.
61-12 Sec. 13.402. General Requirements for License Issuance or
61-13 Renewal. Before a license is issued or renewed by the department
61-14 under this subchapter:
61-15 (1) the person applying for the license or renewal of
61-16 the license shall provide the department proof of completion of a
61-17 department-approved academic, trade, or professional course of
61-18 instruction required by the department's rules;
61-19 (2) the person shall file with the department an
61-20 insurance policy or other proof of insurance evidencing that the
61-21 applicant has a completed operations liability insurance policy
61-22 issued by an insurance company authorized to do business in this
61-23 state or by a surplus lines insurer that meets the requirements of
61-24 Article 1.14-2, Insurance Code, and rules adopted by the
61-25 commissioner of insurance in an amount set by the department and
61-26 based on the type of licensed activities to be provided; and
61-27 (3) the department, to verify compliance with trade
62-1 practices, rules of the department, and this chapter, may conduct
62-2 an inspection of the applicant's:
62-3 (A) facilities;
62-4 (B) inspecting and testing equipment and
62-5 procedures;
62-6 (C) repair and calibration equipment and
62-7 procedures; and
62-8 (D) transportation equipment.
62-9 Sec. 13.403. License and Renewal; Fees. (a) An application
62-10 for a license shall be submitted to the department on a form
62-11 prescribed by the department, accompanied by a nonrefundable annual
62-12 license fee in an amount established by department rule.
62-13 (b) A license issued under this subchapter is valid for one
62-14 year and may be renewed by filing with the department a renewal
62-15 application form prescribed by the department, accompanied by a
62-16 nonrefundable annual license renewal fee in an amount established
62-17 by department rule.
62-18 (c) A person who fails to submit a license renewal fee on or
62-19 before the expiration date of the license must pay, in addition to
62-20 the license renewal fee, the late fee provided by department rule.
62-21 Sec. 13.404. Duties of Department. (a) The department by
62-22 rule may adopt a system to periodically monitor and inspect or test
62-23 scales inspected and tested by the license holder.
62-24 (b) The department by rule shall adopt guidelines to allow a
62-25 representative of the license holder to perform functions of the
62-26 license holder.
62-27 (c) The department by rule may adopt additional requirements
63-1 for the issuance of a license and for the denial of an application
63-2 for a license or renewal of a license. The rules adopted by the
63-3 department shall be designed to protect the public health, safety,
63-4 and welfare and the proper operation of weighing and measuring
63-5 devices.
63-6 (d) The department by rule shall adopt a fee schedule for
63-7 services performed by a license holder.
63-8 Sec. 13.405. Denial, Revocation, Modification, or Suspension
63-9 of License. (a) The department may refuse to issue a license for
63-10 inspecting or testing of weighing and measuring devices if the
63-11 applicant fails to comply with this subchapter.
63-12 (b) The department shall revoke, modify, or suspend a
63-13 license, assess an administrative penalty, place on probation a
63-14 person whose license has been suspended, or reprimand a license
63-15 holder if the license holder fails to comply with this subchapter
63-16 or a rule adopted by the department under this subchapter.
63-17 (c) If a license suspension is probated, the department may
63-18 require the person to:
63-19 (1) report regularly to the department on matters that
63-20 are the basis of the probation;
63-21 (2) limit practice to the areas prescribed by the
63-22 department; or
63-23 (3) continue or renew professional education until the
63-24 person attains a degree of skill satisfactory to the department in
63-25 those areas that are the basis of the probation.
63-26 (d) If the department proposed to deny a person's
63-27 application for a license for inspecting or testing of weighing or
64-1 measuring devices or to revoke, modify, or suspend a person's
64-2 license, the person is entitled to a hearing conducted under
64-3 Section 12.032. The decision of the administrative law judge is
64-4 appealable in the same manner as provided for contested cases under
64-5 Chapter 2001, Government Code.
64-6 Sec. 13.406. Civil Penalty; Injunction. (a) A person who
64-7 violates this subchapter or a rule adopted under this subchapter is
64-8 liable to the state for a civil penalty of not less than $250 nor
64-9 more than $10,000 for each violation. Each day a violation
64-10 continues may be considered a separate violation for purposes of a
64-11 civil penalty assessment.
64-12 (b) On request of the department, the attorney general or
64-13 the county attorney or district attorney of the county in which the
64-14 violation is alleged to have occurred shall file suit to collect
64-15 the penalty.
64-16 (c) A civil penalty collected under this section shall be
64-17 deposited in the state treasury to the credit of the general
64-18 revenue fund. All civil penalties recovered in suits first
64-19 instituted by a local government or governments under this section
64-20 shall be equally divided between the State of Texas and the local
64-21 government or governments with 50 percent of the recovery to be
64-22 paid to the general revenue fund and the other 50 percent equally
64-23 to the local government or governments first instituting the suit.
64-24 (d) The department is entitled to appropriate injunctive
64-25 relief to prevent or abate a violation of this subchapter or a rule
64-26 adopted under this subchapter. On request of the department, the
64-27 attorney general or the county or district attorney of the county
65-1 in which the alleged violation is threatened or is occurring shall
65-2 file suit for the injunctive relief. Venue is in the county in
65-3 which the alleged violation is threatened or is occurring.
65-4 Sec. 13.407. Criminal Penalty. (a) An individual commits
65-5 an offense if the individual is required to be licensed under this
65-6 subchapter, is not licensed under this subchapter, and performs or
65-7 offers to perform an inspection or test on a weighing or measuring
65-8 device for compensation.
65-9 (b) An offense under this section is a Class B misdemeanor.
65-10 ARTICLE 5. OPERATIONS OF TEXAS AGRICULTURE
65-11 FINANCE AUTHORITY
65-12 SECTION 5.01. Section 44.002, Agriculture Code, is amended
65-13 to read as follows:
65-14 Sec. 44.002. Creation of Programs. (a) The board
65-15 <commissioner> shall create an agricultural diversification program
65-16 to:
65-17 (1) support commercial use of agricultural research
65-18 and innovation;
65-19 (2) increase the capabilities of community and
65-20 regional organizations to train and assist new or expanding
65-21 agricultural-based businesses;
65-22 (3) start small business incubators; and
65-23 (4) encourage private commercial loans for enhanced
65-24 production, processing, and marketing of certain agricultural
65-25 crops.
65-26 (b) The board <commissioner> shall create a microenterprise
65-27 support program to provide financial assistance to microenterprises
66-1 in rural areas.
66-2 SECTION 5.02. Sections 44.004(a) and (d), Agriculture Code,
66-3 are amended to read as follows:
66-4 (a) The <commissioner with the consent of a majority of the>
66-5 board shall administer an agricultural diversification <a> grant
66-6 program supporting research and innovation leading to
66-7 organizational or marketing improvement in business based on
66-8 agriculture or to the commercialization of new crops, new
66-9 agricultural products, or new production processes.
66-10 (d) The board <commissioner> shall review and evaluate each
66-11 grant application submitted under this section and award the grants
66-12 <with the consent of a majority of the board>.
66-13 SECTION 5.03. Sections 44.0045(a) and (d), Agriculture Code,
66-14 are amended to read as follows:
66-15 (a) The <commissioner with the consent of a majority of the>
66-16 board shall administer a loan program supporting established and
66-17 proposed microenterprises in rural areas by providing loans to
66-18 expand, modernize, or otherwise improve established
66-19 microenterprises and to begin operation of proposed
66-20 microenterprises.
66-21 (d) The <commissioner and> board of the microenterprise
66-22 support program may reserve a portion of the total fund for use in
66-23 cooperative loan programs established with the participation of
66-24 other public or private lenders.
66-25 SECTION 5.04. Sections 44.005(a) and (d), Agriculture Code,
66-26 are amended to read as follows:
66-27 (a) The <commissioner with the consent of a majority of the>
67-1 board shall create an agricultural diversification <a business
67-2 assistance> grant program to increase the capabilities of community
67-3 and regional organizations to provide training and assistance to
67-4 new and expanding businesses based on agriculture.
67-5 (d) The board <commissioner> shall evaluate each grant
67-6 application submitted under this section and award the grants <with
67-7 the consent of a majority of the board>.
67-8 SECTION 5.05. Sections 44.006(a) and (d), Agriculture Code,
67-9 are amended to read as follows:
67-10 (a) The <commissioner with the consent of a majority of the>
67-11 board shall create an agricultural diversification <a> grant
67-12 program to provide seed money for self-financing small business
67-13 incubators. These incubators shall provide business services to
67-14 small enterprises that process or market agricultural crops in this
67-15 state or that produce alternative agricultural crops in this state.
67-16 (d) The board <commissioner> shall evaluate each grant
67-17 application under this section and award the grants <with the
67-18 consent of a majority of the board>.
67-19 SECTION 5.06. Section 44.007, Agriculture Code, is amended
67-20 to read as follows:
67-21 Sec. 44.007. Linked Deposit Program. (a) The board
67-22 <commissioner> shall establish a linked deposit program to
67-23 encourage commercial lending for the enhanced production,
67-24 processing, and marketing of certain agricultural crops and for the
67-25 purchase of water conservation equipment for agricultural
67-26 production purposes.
67-27 (b) The board <commissioner> shall promulgate rules for the
68-1 loan portion of the linked deposit program. The rules must
68-2 include:
68-3 (1) a list of the categories of crops customarily
68-4 grown in Texas;
68-5 (2) a list of crops that are alternative agricultural
68-6 crops;
68-7 (3) a list of crops the production of which has
68-8 declined markedly because of natural disasters; and
68-9 (4) identification of the types of equipment
68-10 considered as water conservation equipment for agricultural
68-11 production purposes.
68-12 (c) In order to participate in the linked deposit program,
68-13 an eligible lending institution may solicit loan applications from
68-14 eligible borrowers.
68-15 (d) After reviewing an application and determining that the
68-16 applicant is eligible and creditworthy, the eligible lending
68-17 institution shall send the application for a linked deposit loan to
68-18 the board <commissioner>.
68-19 (e) The eligible lending institution shall certify the
68-20 interest rate applicable to the specific eligible borrower and
68-21 attach it to the application sent to the board <commissioner>.
68-22 (f) After reviewing each linked deposit loan application,
68-23 the board <commissioner> shall recommend to the state treasurer the
68-24 acceptance or rejection of the application.
68-25 (g) After acceptance of the application, the state treasurer
68-26 shall place a linked deposit with the applicable eligible lending
68-27 institution for the period the treasurer considers appropriate.
69-1 The state treasurer may not place a deposit for a period extending
69-2 beyond the state fiscal biennium in which it is placed. Subject to
69-3 the limitation described by Section 44.010 of this chapter, the
69-4 treasurer may place time deposits at an interest rate described by
69-5 Section 44.001(5)(A) of this chapter, notwithstanding any order of
69-6 the State Depository Board to the contrary.
69-7 (h) Before the placing of a linked deposit, the eligible
69-8 lending institution and the state, represented by the state
69-9 treasurer and the board <commissioner>, shall enter into a written
69-10 deposit agreement containing the conditions on which the linked
69-11 deposit is made.
69-12 (i) If a lending institution holding linked deposits ceases
69-13 to be a state depository, the state treasurer may withdraw the
69-14 linked deposits.
69-15 (j) The board may adopt rules that create a procedure for
69-16 determining priorities for loans granted under this chapter. Each
69-17 rule adopted must state the policy objective of the rule. The
69-18 policy objectives of the rules may include preferences to:
69-19 (1) achieve adequate geographic distribution of loans;
69-20 (2) assist certain industries;
69-21 (3) encourage certain practices including water
69-22 conservation; and
69-23 (4) encourage value-added processing of agricultural
69-24 products.
69-25 SECTION 5.07. Section 44.008, Agriculture Code, is amended
69-26 to read as follows:
69-27 Sec. 44.008. Compliance. (a) On accepting a linked
70-1 deposit, an eligible lending institution must loan money to
70-2 eligible borrowers in accordance with the deposit agreement and
70-3 this chapter. The eligible lending institution shall forward a
70-4 compliance report to the board <commissioner>.
70-5 (b) The board <commissioner> shall monitor compliance with
70-6 this chapter and inform the state treasurer of noncompliance on the
70-7 part of an eligible lending institution.
70-8 SECTION 5.08. Section 44.011, Agriculture Code, is amended
70-9 to read as follows:
70-10 Sec. 44.011. Criteria for all Grants. In evaluating
70-11 applications for grants under this chapter, the <commissioner and
70-12 the> board shall consider:
70-13 (1) the scientific and technical merit of the
70-14 application;
70-15 (2) the anticipated benefits arising from a grant to
70-16 the applicant, including both potential job creation and commercial
70-17 benefits to the agricultural industry;
70-18 (3) the market value of the assets of the applicant;
70-19 (4) the qualifications of the applicant;
70-20 (5) the reasonableness of the applicant's proposed
70-21 budget;
70-22 (6) the extent and level of other funding sources for
70-23 the applicant;
70-24 (7) the funding commitments needed for continued
70-25 development; and
70-26 (8) the present involvement and support of local
70-27 organizations, including educational organizations.
71-1 SECTION 5.09. Section 44.012, Agriculture Code, is amended
71-2 to read as follows:
71-3 Sec. 44.012. Money for Grants and Loans. The board
71-4 <commissioner> may accept gifts and grants of money from the
71-5 federal government, local governments, or private corporations or
71-6 other persons for use in making grants and loans under the
71-7 agricultural diversification program and the rural microenterprise
71-8 support program. The legislature may appropriate money for grants
71-9 and loans under the programs.
71-10 SECTION 5.10. Section 58.012(a), Agriculture Code, is
71-11 amended to read as follows:
71-12 (a) The authority is governed by a board of directors
71-13 composed of the commissioner of agriculture, the director of the
71-14 Institute for International Agribusiness Studies at Prarie View A&M
71-15 University, and seven members appointed by the governor with the
71-16 advice and consent of the senate. Members of the board <An
71-17 appointed member> must be appointed in the numbers specified and
71-18 from <one of> the following categories <with at least one member
71-19 but not more than two members from each category>:
71-20 (1) one person who is an elected or appointed official
71-21 <officials> of a municipality or county;
71-22 (2) four persons <representatives of lending
71-23 institutions chartered by the state or federal government> who are
71-24 knowledgeable about agricultural lending practices;
71-25 (3) one person who is a representative
71-26 <representatives> of agricultural businesses; and <or>
71-27 (4) one person who is a representative
72-1 <representatives> of agriculture related entities, including rural
72-2 chambers of commerce, foundations, trade associations, institutions
72-3 of higher education, or other entities involved in agricultural
72-4 matters.
72-5 SECTION 5.11. Section 58.016(b), Agriculture Code, is
72-6 amended to read as follows:
72-7 (b) On or before August 1 of each year, the administrator
72-8 shall file with the board the <a> proposed annual budgets <budget>
72-9 for the young farmer loan guarantee program under Chapter 253, the
72-10 farm and ranch finance program under Chapter 59, and the programs
72-11 administered by the board under this chapter for the succeeding
72-12 fiscal year. If there is no administrator, the commissioner shall
72-13 assume the duties of the administrator in connection with
72-14 preparation of the budget. The budget must set forth the general
72-15 categories of expected expenditures out of revenues and income of
72-16 the fund administered by the authority and the amount on account of
72-17 each. On or before September 1 of each year, the board shall
72-18 consider the proposed annual budget and may approve it or amend it.
72-19 Copies of the annual budget certified by the chairman of the board
72-20 shall be promptly filed with the governor and the legislature. The
72-21 annual budget is not effective until it is filed. If for any
72-22 reason the authority does not adopt an annual budget before
72-23 September 2, no expenditures may be made from the funds until the
72-24 board approves the annual budget <the budget for the preceding year
72-25 shall remain in effect until a new budget is adopted>. The
72-26 authority may adopt an amended annual budget for the current fiscal
72-27 year, but the amended annual budget may not supersede a prior
73-1 budget until it is filed with the governor and the legislature.
73-2 SECTION 5.12. Subchapter B, Chapter 58, Agriculture Code, is
73-3 amended by adding Section 58.017 to read as follows:
73-4 Sec. 58.017. COST-BENEFIT REPORT. (a) The board shall
73-5 perform a biennial cost-benefit study of the authority's active and
73-6 inactive programs and prepare a report regarding that study. The
73-7 study must include an examination of the number of jobs created or
73-8 retained in this state as a result of each program and the costs
73-9 and benefits associated with those jobs.
73-10 (b) The commissioner shall file the report prepared under
73-11 Subsection (a) with the state auditor before December 1 of each
73-12 even-numbered year.
73-13 (c) The state auditor shall review the report filed under
73-14 Subsection (b) and send the report and the auditor's comments
73-15 regarding the methodology used by the authority in performing the
73-16 cost-benefit study to the governor and the presiding officer of
73-17 each house of the legislature not later than February 1 of each
73-18 odd-numbered year. The state auditor shall provide assistance to
73-19 the department in preparing the report required by this section.
73-20 SECTION 5.13. Subchapter B, Chapter 58, Agriculture Code, is
73-21 amended by adding Section 58.0171 to read as follows:
73-22 Sec. 58.0171. ANNUAL REPORT. Not later than November 1 of
73-23 each year, the board shall submit to the governor and the presiding
73-24 officer of each house of the legislature a detailed report
73-25 regarding the potential effects of the budget requests and
73-26 strategic plans of the department on the authority's programs.
73-27 SECTION 5.14. Subchapter B, Chapter 12, Agriculture Code, is
74-1 amended by adding Section 58.0177 to read as follows:
74-2 Sec. 58.0177. APPOINTED MEMBER PREPARATION PROGRAM. Each
74-3 appointed member of the board shall complete a financial education
74-4 program adequate to prepare the member for the responsibilities of
74-5 board membership before the member may begin service.
74-6 SECTION 5.15. Subchapter C, Chapter 58, Agriculture Code, is
74-7 amended by adding Section 58.0211 to read as follows:
74-8 Sec. 58.0211. LOAN LIMITS. (a) Except as provided by this
74-9 subsection, the maximum aggregate amount of loans made to or
74-10 guaranteed, insured, coinsured, or reinsured under this subchapter
74-11 for a single eligible agricultural business by the authority from
74-12 funds provided by the authority is $1 million. The authority may
74-13 make, guarantee, insure, coinsure, or reinsure a loan for a single
74-14 eligible agricultural business that results in an aggregate amount
74-15 exceeding $1 million, but not exceeding $2 million, if the action
74-16 is approved by a two-thirds vote of the members present. The
74-17 authority may make, guarantee, insure, coinsure, or reinsure two or
74-18 more active loans for a single eligible agricultural business if
74-19 the action is approved by a two-thirds vote of the members present.
74-20 (b) Except for programs administered by the authority under
74-21 Chapters 44 and 59, the authority shall give preference to loans,
74-22 loan guarantees, loan insurance, coinsurance, reinsurance, or any
74-23 other financing mechanism to value-added agricultural businesses.
74-24 The authority may decline to provide financial assistance to
74-25 businesses whose primary purpose is to establish or expand
74-26 conventional agricultural production.
74-27 (c) The authority may not guarantee more than 90 percent of
75-1 a loan to an eligible agricultural business made by a private
75-2 lender.
75-3 ARTICLE 6. AGRICULTURAL RESOURCES PROTECTION AUTHORITY
75-4 SECTION 6.01. Section 76.009, Agriculture Code, is amended
75-5 to read as follows:
75-6 Sec. 76.009. Agriculture Resources Protection Authority.
75-7 (a) The Agriculture Resources Protection Authority is an agency of
75-8 state government. The authority is composed of the following
75-9 <nine> members:
75-10 (1) the director of the Texas Agricultural Experiment
75-11 Station;
75-12 (2) the dean of the College of Agricultural Sciences
75-13 of Texas Tech University;
75-14 (3) the dean of The University of Texas School of
75-15 Public Health at Houston;
75-16 (4) the director of the environmental epidemiology
75-17 program of the Texas Department of Health;
75-18 (5) the chief of the groundwater conservation section
75-19 of the Texas Natural Resource Conservation <Water> Commission;
75-20 (6) the director of the Institute for International
75-21 Agribusiness Studies of Prairie View A&M University;
75-22 (7) one person appointed by the governor to represent
75-23 the interests of consumers;
75-24 (8) a producer of agricultural products appointed by
75-25 the governor; <and>
75-26 (9) the director of the Texas Structural Pest Control
75-27 Board;
76-1 (10) the director of the State Soil and Water
76-2 Conservation Board;
76-3 (11) a person appointed by the governor and licensed
76-4 by the department as a commercial, noncommercial, or private
76-5 applicator;
76-6 (12) a person appointed by the governor and licensed
76-7 by the department as a pesticide dealer or involved in the
76-8 development or manufacture of agricultural chemicals;
76-9 (13) a person appointed by the governor and employed
76-10 as a farm worker or serving as a representative of farm workers;
76-11 (14) a person appointed by the governor and associated
76-12 with an organization primarily engaged in environmental
76-13 conservation or protection efforts; and
76-14 (15) the commissioner of agriculture.
76-15 (b) A person appointed by the governor<, with the advice and
76-16 consent of the senate,> under Subdivision (7), (8), (9), (10),
76-17 (11), (12), (13), or (14) <Subdivision (7) or (8)> of Subsection
76-18 (a) of this section serves a two-year term ending on February 1 of
76-19 each odd-numbered year. A vacancy in one of those positions shall
76-20 be filled by appointment by the governor for the unexpired term.
76-21 All appointments made by the governor under this section must be
76-22 with the advice and consent of the senate.
76-23 (c) The governor shall designate <commissioner of
76-24 agriculture is> the presiding officer of the authority.
76-25 (d) The authority shall meet quarterly and at the call of
76-26 the presiding officer or a majority of the members. <To take an
76-27 action, the authority must approve the action by a concurring vote
77-1 of a majority of the total membership of the authority.>
77-2 (e) A member may not receive compensation for service as a
77-3 member of the authority. A member is entitled to reimbursement for
77-4 actual and necessary expenses incurred in the performance of the
77-5 functions of the authority, subject to any limitations on
77-6 reimbursement provided by the General Appropriations Act.
77-7 (f) The delegation of functions under this section is
77-8 designed to avoid overlapping responsibilities, to provide a means
77-9 for all involved agencies to participate in the regulation of
77-10 pesticides, and to clarify various areas of responsibility.
77-11 (g) The authority is the coordinating body for the policies
77-12 and programs of management, regulation, and control of pesticides
77-13 conducted by the department, the State Soil and Water Conservation
77-14 Board, the Texas Agricultural Extension Service, the Texas
77-15 Department of Health, the Texas Natural Resource Conservation
77-16 <Water> Commission, and the Texas Structural Pest Control Board.
77-17 Notwithstanding any other provision of this code or of any other
77-18 law, the authority may:
77-19 (1) adopt any rule relating to any duty of the
77-20 authority <pesticides, including a rule that amends or repeals an
77-21 existing rule, except that the authority may not:>
77-22 <(A) adopt, amend, or repeal a rule under
77-23 Chapter 125 of this code;>
77-24 <(B) repeal a rule that was adopted by an agency
77-25 for which the authority is the coordinating body and that was in
77-26 effect on May 1, 1989; or>
77-27 <(C) amend a rule in effect on May 1, 1989, that
78-1 would make the rule less protective of the public health, safety,
78-2 or welfare>;
78-3 (2) review and make comments regarding <approve or
78-4 disapprove> any rule relating to pesticides that is proposed by an
78-5 agency for which the authority is the coordinating body<, except a
78-6 rule under Chapter 125 of this code>;
78-7 (3) cooperate with and advise the department, the
78-8 State Soil and Water Conservation Board, the Texas Agricultural
78-9 Extension Service, the Texas Department of Health, the Texas
78-10 Natural Resource Conservation <Water> Commission, the Texas
78-11 Structural Pest Control Board, and any other state agency that may
78-12 be concerned with the regulation of pesticides and notify those
78-13 agencies of any rule the authority intends to adopt;
78-14 (4) collect, analyze, and disseminate information
78-15 necessary for the effective operation of all existing or
78-16 contemplated programs regulating pesticides;
78-17 (5) provide professional advice to private agencies
78-18 and citizens of this state on matters relating to pesticides in
78-19 cooperation with other state agencies, with professional groups,
78-20 and with either state or private educational institutions;
78-21 (6) accept gifts, devises, and bequests and, with the
78-22 approval of the governor, comply with the terms and conditions of
78-23 any grant to accomplish any of the purposes of the authority;
78-24 (7) inform and advise the governor on matters
78-25 involving pesticides and prepare and recommend to the governor and
78-26 to the legislature any legislation the authority considers proper
78-27 for the management and control of pesticides; and
79-1 (8) make annual reports to the governor and the
79-2 appropriate legislative oversight committees<;>
79-3 <(9) exempt any federal or state agency from any
79-4 regulatory provision if the authority determines that emergency
79-5 conditions exist that require the exemption; and>
79-6 <(10) notwithstanding any conflicting or inconsistent
79-7 provision in this code, hear and determine all appeals from orders
79-8 entered, by an agency for which the authority is the coordinating
79-9 body, under this chapter or Chapter 75 or 125 of this code>.
79-10 (h) A member of the authority by a written statement may
79-11 designate a person to execute any responsibility of the member
79-12 including voting <An agency for which the authority is the
79-13 coordinating body may not adopt a rule disapproved by the authority
79-14 under Subsection (g)(2) of this section>.
79-15 (i) The authority shall develop and implement policies that
79-16 provide the public with a reasonable opportunity to appear before
79-17 the authority semiannually to comment on the status of the state's
79-18 pesticide regulation efforts <To ensure due process, the
79-19 commissioner, because of the commissioner's statutory power over
79-20 departmental orders, may not participate in the discussions or the
79-21 determinations to be reached on appeals to the authority under
79-22 Subsection (g)(10) of this section>.
79-23 (j) The commissioner shall:
79-24 (1) as necessary, employ personnel as the duties of
79-25 the authority may require and to the extent of legislative
79-26 appropriations to the authority;
79-27 (2) keep an accurate and complete record of all
80-1 authority meetings and hearings of the authority and maintain legal
80-2 custody of all books, papers, documents, and other records of the
80-3 authority;
80-4 (3) administer this chapter and Chapters 75 and 125 of
80-5 this code <and the rules adopted by the authority>; and
80-6 (4) assign, reassign, or delegate the administrative
80-7 and enforcement functions assigned to the commissioner by this
80-8 subsection or by rules or policies established under this
80-9 subsection to one or more of the divisions or other units within
80-10 the department or to one or more employees of the department.
80-11 (k) The authority shall adopt rules requiring quarterly
80-12 submission to the authority by the department, State Soil and Water
80-13 Conservation Board, Texas Agricultural Extension Service, Texas
80-14 Department of Health, Texas Natural Resource Conservation
80-15 Commission, and the Texas Structural Pest Control Board of:
80-16 (1) a report regarding each agency's pesticide
80-17 regulatory enforcement activity;
80-18 (2) a current strategic plan; and
80-19 (3) the latest request for legislative appropriation.
80-20 (l) The authority shall review and make comments regarding
80-21 the information received by the authority under Subsection (k).
80-22 The authority shall make its comments available to the public.
80-23 ARTICLE 7. EGG REGULATION
80-24 SECTION 7.01. Section 132.004, Agriculture Code, is amended
80-25 to read as follows:
80-26 Sec. 132.004. ADOPTION OF STANDARDS. Standards for the
80-27 inspection and regulation of shell eggs, including <egg> quality,
81-1 grade, and size of shell eggs, shall be at least equal to those
81-2 adopted by the United States Department of Agriculture and the
81-3 federal Food and Drug Administration.
81-4 SECTION 7.02. Subchapter A, Chapter 132, Agriculture Code,
81-5 is amended by adding Section 132.008 to read as follows:
81-6 Sec. 132.008. MEMORANDA OF UNDERSTANDING WITH OTHER STATE
81-7 AGENCY. (a) The department shall initiate negotiations for and
81-8 enter into a memorandum of understanding with the Texas Department
81-9 of Health to cooperate in program planning and budgeting.
81-10 (b) The department shall enter into an agreement as required
81-11 by Subsection (a) with the Texas Department of Health regarding
81-12 food regulation, including the regulation of eggs.
81-13 (c) The department and the Texas Department of Health may
81-14 enter into memoranda of understanding in areas other than those
81-15 under Subsections (a) and (b).
81-16 (d) A memorandum of understanding between the department and
81-17 the Texas Department of Health must be adopted by the governing
81-18 bodies of the department and the Texas Department of Health.
81-19 (e) After a memorandum of understanding is adopted, the
81-20 department shall publish the memorandum of understanding in the
81-21 Texas Register.
81-22 SECTION 7.03. Section 132.021(b), Agriculture Code, is
81-23 amended to read as follows:
81-24 (b) This section does not apply to:
81-25 (1) a hatchery buying eggs exclusively for hatching
81-26 purposes;
81-27 (2) a hotel, restaurant, or other public eating place
82-1 where all eggs purchased are served by the establishment;
82-2 (3) a food manufacturer purchasing eggs for use only
82-3 in the manufacture of food products, except for a person who
82-4 operates a plant for the purpose of breaking eggs for freezing,
82-5 drying, or commercial food manufacturing; <or>
82-6 (4) an agent employed and paid a salary by a person
82-7 licensed under this chapter; or
82-8 (5) a retailer selling eggs to the ultimate consumer
82-9 of the eggs.
82-10 ARTICLE 8. LICENSE CONSOLIDATION
82-11 SECTION 8.01. Chapter 12, Agriculture Code, is amended by
82-12 adding Section 12.033 to read as follows:
82-13 Sec. 12.033. MULTIPLE LICENSES. (a) In this section:
82-14 (1) "Component license" means a license issued by the
82-15 department that is consolidated under this section.
82-16 (2) "Grocer" means a person whose business consists
82-17 primarily of the retail sale of food for human consumption.
82-18 (b) A grocer who holds more than one type of license issued
82-19 by the department may obtain from the department a single
82-20 consolidated license. A consolidated license authorizes each of
82-21 the activities of the component licenses.
82-22 (c) The department by rule shall implement a program for the
82-23 issuance of a consolidated license under this section. The rules
82-24 shall include provisions for:
82-25 (1) a fee schedule for the consolidated license that
82-26 considers:
82-27 (A) the cost of operating each component license
83-1 program; and
83-2 (B) the economic efficiency gained by the
83-3 department through the operation of a consolidated license program;
83-4 (2) the suspension or revocation of a consolidated
83-5 license for a violation of a rule or statute authorizing one of the
83-6 component licenses;
83-7 (3) the combination of all inspections required for
83-8 the component licenses into a single inspection; and
83-9 (4) any other provision the department determines is
83-10 necessary to implement this section.
83-11 ARTICLE 9. CONTINUATION OF DEPARTMENT
83-12 SECTION 9.01. Section 11.003, Agriculture Code, is amended
83-13 to read as follows:
83-14 Sec. 11.003. Sunset Provision. The Department of
83-15 Agriculture is subject to Chapter 325, Government Code (Texas
83-16 Sunset Act). Unless continued in existence as provided by that
83-17 chapter, the department is abolished September 1, 2007 <1995>.
83-18 ARTICLE 10. TRANSITION PROVISIONS; REPEALER;
83-19 EFFECTIVE DATE; EMERGENCY
83-20 SECTION 10.01. TRANSITION: FEES. The change in law made by
83-21 this Act relating to a fee charged under the Agriculture Code
83-22 applies only to a fee that first becomes due on or after January 1,
83-23 1996. A fee that first becomes due before that date is governed by
83-24 the law in effect immediately before September 1, 1995, and the
83-25 former law is continued in effect for that purpose.
83-26 SECTION 10.02. TRANSITION: HEARINGS. (a) The change in
83-27 law made by this Act relating to a hearing conducted under the
84-1 Agriculture Code by the State Office of Administrative Hearings
84-2 applies only to a hearing that begins on or after January 1, 1996.
84-3 A hearing that begins before that date is governed by the law in
84-4 effect immediately before September 1, 1995, and the former law is
84-5 continued in effect for that purpose.
84-6 (b) The commissioner of agriculture and the chief
84-7 administrative law judge of the State Office of Administrative
84-8 Hearings may agree to transfer contested cases pending before the
84-9 Department of Agriculture to the State Office of Administrative
84-10 Hearings before January 1, 1996.
84-11 SECTION 10.03. TRANSITION: LICENSING. Subchapter H,
84-12 Chapter 13, Agriculture Code, as added by this Act, relating to
84-13 inspecting or testing of a weighing or measuring device, applies to
84-14 a person only after the Legislative Budget Board certifies that the
84-15 Department of Agriculture's licensing programs for inspection and
84-16 testing of liquefied petroleum gas meters and inspection and
84-17 testing of ranch scales under Subchapter F, Chapter 13, and
84-18 Subchapter G, Chapter 13, respectively, have attained the
84-19 performance goals established by the Legislative Budget Board.
84-20 SECTION 10.04. TRANSITION: REVIEW OF ENFORCEMENT OF
84-21 PESTICIDE REGULATION. The Agricultural Resources Protection
84-22 Authority shall review penalties used in enforcement of pesticide
84-23 regulation by the Department of Agriculture, the State Soil and
84-24 Water Conservation Board, the Texas Agricultural Extension Service,
84-25 the Texas Department of Health, the Texas Natural Resource
84-26 Conservation Commission, and the Texas Structural Pest Control
84-27 Board. Not later than December 1, 1996, the Agricultural Resources
85-1 Protection Authority shall file with the governor, the lieutenant
85-2 governor, and the speaker of the house of representatives a report
85-3 regarding the Agricultural Resources Protection Authority's plan
85-4 for making the use of penalties in pesticide enforcement matters
85-5 consistent among the agencies studied by the Agricultural Resources
85-6 Protection Authority.
85-7 SECTION 10.05. TRANSITION: COMPOSITION OF BOARDS. (a) The
85-8 changes in law made by this Act to the requirements for appointed
85-9 members on the board of directors of the Agricultural Resources
85-10 Protection Authority and the board of directors of the Texas
85-11 Agricultural Finance Authority apply only to membership positions
85-12 on those boards filled on or after the effective date of this Act
85-13 and do not affect the entitlement of a member serving on those
85-14 boards on the effective date of this Act to continue to hold office
85-15 for the remainder of the term to which the person was appointed.
85-16 (b) As the terms of members of the boards expire or as
85-17 vacancies on the board occur, the governor shall make appointments
85-18 to achieve, as soon as possible, the membership plans prescribed
85-19 for the boards by the Agriculture Code, as amended by this Act. If
85-20 new positions on a board are created under this Act, the governor
85-21 shall make appointments to the new positions as soon as possible
85-22 after the effective date of this Act.
85-23 SECTION 10.06. REPEALER. The following statutes are
85-24 repealed:
85-25 (1) Section 12.027, Agriculture Code;
85-26 (2) Section 13.115(b), Agriculture Code;
85-27 (3) Subchapter D, Chapter 13, Agriculture Code;
86-1 (4) Sections 58.021(c) and (d), Agriculture Code;
86-2 (5) Chapter 112, Agriculture Code;
86-3 (6) Section 132.022(e), Agriculture Code;
86-4 (7) Section 132.026(c), Agriculture Code;
86-5 (8) Section 132.027(c), Agriculture Code; and
86-6 (9) Chapter 224, Acts of the 55th Legislature, Regular
86-7 Session, 1957 (Article 6701i, Vernon's Texas Civil Statutes).
86-8 SECTION 10.07. EFFECTIVE DATE. This Act takes effect
86-9 September 1, 1995.
86-10 SECTION 10.08. EMERGENCY. The importance of this
86-11 legislation and the crowded condition of the calendars in both
86-12 houses create an emergency and an imperative public necessity that
86-13 the constitutional rule requiring bills to be read on three several
86-14 days in each house be suspended, and this rule is hereby suspended.