By Cuellar of Hidalgo                                 H.B. No. 2475
       74R7792 E
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the handling and marketing of citrus fruits and
    1-3  vegetables and to the produce recovery fund.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 101.002(a), Agriculture Code, is amended
    1-6  to read as follows:
    1-7        (a)  This chapter applies to vegetables whether or not packed
    1-8  in ice or held in cold storage, but only if grown in this state,
    1-9  and does not apply to vegetables that have been manufactured into
   1-10  an article of food of a different kind or character.
   1-11        SECTION 2.  Section 101.003, Agriculture Code, is amended by
   1-12  adding Subsection (c) to read as follows:
   1-13        (c)  A person who holds a license under this section is also
   1-14  considered, without paying an additional fee, to hold a license or
   1-15  be registered under Section 102.003 of this code.
   1-16        SECTION 3.  Section 101.004, Agriculture Code, is amended to
   1-17  read as follows:
   1-18        Sec. 101.004.  LICENSE AND REGISTRATION CATEGORIES.  (a)  A
   1-19  person who is required by Section 101.003 of this code to be
   1-20  licensed or registered shall apply to the department for the
   1-21  appropriate <licensing in the> category described by this section
   1-22  that is appropriate to the actions of the person.
   1-23        (b)  A person shall apply for a license <licensing as a
   1-24  commission merchant> if the person:
    2-1              (1)  purchases vegetables on credit;
    2-2              (2)  takes possession of vegetables for consignment or
    2-3  handling on behalf of the producer or owner of the vegetables; or
    2-4              (3)  takes possession of vegetables for consignment or
    2-5  handling in a manner that does not require or result in payment to
    2-6  the producer, seller, or consignor of the full amount of the
    2-7  purchase price in United States currency at the time of delivery or
    2-8  at the time that the vegetables pass from the producer, seller, or
    2-9  consignor to the person.
   2-10        (c)  A person shall register <apply for licensing> as a cash
   2-11  dealer if the person purchases vegetables and pays for the
   2-12  vegetables in United States currency before or at the time of
   2-13  delivery or taking possession.
   2-14        <(d)  A person shall apply for licensing as a retailer if the
   2-15  person:>
   2-16              <(1)  has annual sales of vegetables and citrus fruit
   2-17  that comprise 75 percent or more of the retailer's total sales; or>
   2-18              <(2)  employs a buying agent who buys directly from a
   2-19  producer.>
   2-20        SECTION 4.  The section heading to Section 101.005 and
   2-21  Section 101.005(a), Agriculture Code, are amended to read as
   2-22  follows:
   2-23        Sec. 101.005.  APPLICATION FOR LICENSE OR REGISTRATION.
   2-24  (a)  A person required under Section 101.003 of this code to be
   2-25  licensed or registered shall apply <for a license> to the
   2-26  department on a form furnished by the department.  The application
   2-27  must be made under oath and contain the following information:
    3-1              (1)  the full name of the applicant and whether the
    3-2  applicant is an individual, partnership, corporation, exchange, or
    3-3  association;
    3-4              (2)  the full name and address of the principal
    3-5  business office of the applicant;
    3-6              (3)  the address of the applicant's principal business
    3-7  office in this state;
    3-8              (4)  if the applicant is a foreign corporation, the
    3-9  state in which the corporation is chartered and the name and
   3-10  address of an agent in this state for service of legal process; and
   3-11              (5)  the length of time that the applicant has been
   3-12  engaged in business in this state; <and>
   3-13              <(6)  the category of license for which the applicant
   3-14  is applying.>
   3-15        SECTION 5.  Section 101.006, Agriculture Code, is amended to
   3-16  read as follows:
   3-17        Sec. 101.006. FEES <LICENSE FEE>.  (a)  Except as otherwise
   3-18  provided by this section, a person applying for a license shall
   3-19  include with the license application a license fee of $75.
   3-20        (b)  The registration <license> fee for a cash dealer is $25.
   3-21        <(c)  Except as otherwise provided by this section, a person
   3-22  who applies for a license as a commission merchant or retailer
   3-23  under both this chapter and Chapter 102 of this code is entitled to
   3-24  pay a single license fee of $75.  The person's license shall
   3-25  reflect that the person is licensed to handle both citrus fruit and
   3-26  vegetables.>
   3-27        <(d)  A person who applies for a license under Subsection (b)
    4-1  of this section and Subsection (b) of Section 102.006 of this code
    4-2  is entitled to pay a single license fee of $25.  The person's
    4-3  license shall reflect that the person is licensed to handle both
    4-4  citrus fruit and vegetables.>
    4-5        SECTION 6.  Sections 101.010(a), (c), and (e), Agriculture
    4-6  Code, are amended to read as follows:
    4-7        (a)  In accordance with the rules of the department, a
    4-8  license holder <person licensed as a commission merchant or
    4-9  retailer> may apply to the department for a reasonable number of
   4-10  identification cards for:
   4-11              (1)  transporting agents to act for the licensee in the
   4-12  transporting of vegetables; and
   4-13              (2)  buying agents to act for the licensee in any act
   4-14  requiring licensing under Section 101.003 of this code.
   4-15        (c)  An identification card must bear:
   4-16              (1)  the name of the license holder <licensee>;
   4-17              (2)  the number of the license holder's <licensee's>
   4-18  license;
   4-19              (3)  the name of the agent; and
   4-20              (4)  a statement that the license holder <licensee>, as
   4-21  principal, has authorized the agent named on the card to act for
   4-22  and on behalf of the license holder <licensee>, either as buying
   4-23  agent or transporting agent, as applicable.
   4-24        (e)  If the holder of an identification card ceases to be the
   4-25  agent of the license holder <licensee>, the agent shall immediately
   4-26  return the card to the department for cancellation.
   4-27        SECTION 7.  Sections 101.020(a) and (c), Agriculture Code,
    5-1  are amended to read as follows:
    5-2        (a)  A person commits an offense if the person:
    5-3              (1)  acts in violation of Section 101.003 of this code
    5-4  by not <without first> obtaining a license or registration or after
    5-5  receiving notice of cancellation of a license or registration;
    5-6              (2)  <acts or assumes to act as a commission merchant
    5-7  without first obtaining a license as a commission merchant;>
    5-8              <(3)>  acts or assumes to act as a transporting agent
    5-9  or buying agent without first obtaining an identification card;
   5-10              (3) <(4)>  as a transporting agent or buying agent,
   5-11  fails and refuses to turn over to the department an identification
   5-12  card in accordance with Section 101.010(e) of this code;
   5-13              (4) <(5)>  as a license holder <licensee>, fails to
   5-14  furnish information under Section 101.017 of this code before the
   5-15  11th day following the date of demand;
   5-16              (5) <(6)>  as a license holder <licensee>, fails to
   5-17  settle with a producer or seller on the grade and quality of
   5-18  vegetables in the manner provided by Section 101.015 of this code;
   5-19              (6) <(7)>  as a cash dealer, pays for vegetables by a
   5-20  means other than United States currency;
   5-21              (7) <(8)>  as a license holder <licensee>, transporting
   5-22  agent, or buying agent, violates a provision of this chapter; or
   5-23              (8) <(9)  acts or assumes to act as a retailer without
   5-24  first obtaining a license as a retailer; or>
   5-25              <(10)>  acts or assumes to act as a cash dealer without
   5-26  first registering <obtaining a license> as a cash dealer.
   5-27        (c)  A person commits a separate offense for each day the
    6-1  person acts in violation of Section 101.003 of this code without
    6-2  first obtaining a license or registration or violates Subsection
    6-3  (a)(2) <or (a)(3)> of this section.
    6-4        SECTION 8.  Section 102.003, Agriculture Code, is amended by
    6-5  adding Subsection (c) to read as follows:
    6-6        (c)  A person who holds a license or is registered under this
    6-7  section is also considered, without paying an additional fee, to
    6-8  hold a license or be registered under Section 101.003 of this code.
    6-9        SECTION 9.  Section 102.004, Agriculture Code, is amended to
   6-10  read as follows:
   6-11        Sec. 102.004.  LICENSE AND REGISTRATION CATEGORIES.  (a)  A
   6-12  person who is required by Section 102.003 of this code to be
   6-13  licensed or registered shall apply to the department for the
   6-14  appropriate <licensing in the> category described by this section
   6-15  that is appropriate to the actions of the person.
   6-16        (b)  A person shall apply for a license <licensing as a
   6-17  commission merchant> if the person:
   6-18              (1)  purchases citrus fruit on credit;
   6-19              (2)  takes possession of citrus fruit for consignment
   6-20  or handling on behalf of the producer or owner of the fruit; or
   6-21              (3)  takes possession of citrus fruit for consignment
   6-22  or handling in a manner or under a contract that does not require
   6-23  or result in payment to the producer, seller, or consignor of the
   6-24  full amount of the purchase price in United States currency at the
   6-25  time of delivery or at the time the citrus fruit passes from the
   6-26  producer or seller to the person.
   6-27        (c)  A person shall register <apply for licensing> as a cash
    7-1  dealer if the person purchases citrus fruit and pays for the citrus
    7-2  fruit in United States currency before or at the time of delivery
    7-3  or taking possession.
    7-4        <(d)  A person shall apply for licensing as a retailer if the
    7-5  person:>
    7-6              <(1)  has annual sales of citrus fruit and vegetables
    7-7  that comprise 75 percent or more of the retailer's total sales; or>
    7-8              <(2)  employs a buying agent who buys directly from a
    7-9  producer.>
   7-10        SECTION 10.  The section heading of Section 102.005, and
   7-11  Section 102.005(a), Agriculture Code, are amended to read as
   7-12  follows:
   7-13        Sec. 102.005.  APPLICATION FOR LICENSE OR REGISTRATION.
   7-14  (a)  A person required under Section 102.003 of this code to be
   7-15  licensed or registered  shall apply for a license or registration
   7-16  to the department on a form furnished by the department.  The
   7-17  application must be made under oath and contain the following
   7-18  information:
   7-19              (1)  the full name of the applicant and whether the
   7-20  applicant is an individual, partnership, corporation, exchange, or
   7-21  association;
   7-22              (2)  the full name and address of the principal
   7-23  business office of the applicant;
   7-24              (3)  the address of the applicant's principal business
   7-25  office in this state;
   7-26              (4)  if the applicant is a foreign corporation, the
   7-27  state in which the corporation is chartered and the name and
    8-1  address of an agent in this state for service of legal process; and
    8-2              (5)  <the category of license for which the applicant
    8-3  is applying; and>
    8-4              <(6)>  the length of time that the applicant has been
    8-5  engaged in business in this state.
    8-6        SECTION 11.  Section 102.006, Agriculture Code is amended to
    8-7  read as follows:
    8-8        Sec. 102.006.  FEES <LICENSE FEE>.  (a)  Except as otherwise
    8-9  provided by this section, a person applying for a license shall
   8-10  include with the license application a license fee of $75.
   8-11        (b)  The registration <license> fee for a cash dealer is $25.
   8-12        <(c)  Except as otherwise provided by this section, a person
   8-13  who applies for a license as a commission merchant or retailer
   8-14  under both this chapter and Chapter 101 of this code is entitled to
   8-15  pay a single license fee of $75.  The person's license shall
   8-16  reflect that the person is licensed to handle both citrus fruit and
   8-17  vegetables.>
   8-18        <(d)  A person who applies for a license under Subsection (b)
   8-19  of this section and Subsection (b) of Section 101.006 of this code
   8-20  is entitled to pay a single license fee of $25.  The person's
   8-21  license shall reflect that the person is licensed to handle both
   8-22  citrus fruit and vegetables.>
   8-23        SECTION 12.  Sections 102.010(a), (c), and (e), Agriculture
   8-24  Code, are amended to read as follows:
   8-25        (a)  In accordance with the rules of the department, a
   8-26  license holder <person licensed as a commission merchant or
   8-27  retailer> may apply to the department for a reasonable number of
    9-1  identification cards for:
    9-2              (1)  transporting agents to act for the license holder
    9-3  <licensee> in the transporting of citrus fruits; and
    9-4              (2)  buying agents to act for the license holder
    9-5  <licensee> in any act requiring licensing under Section 102.003 of
    9-6  this code.
    9-7        (c)  An identification card must bear:
    9-8              (1)  the name of the license holder <licensee>;
    9-9              (2)  the number of the license holder's <licensee's>
   9-10  license;
   9-11              (3)  the name of the agent; and
   9-12              (4)  a statement that the license holder <licensee>, as
   9-13  principal, has authorized the agent named on the card to act for
   9-14  and on behalf of the license holder <licensee>, either as buying
   9-15  agent or transporting agent, as applicable.
   9-16        (e)  If the holder of an identification card ceases to be the
   9-17  agent of the license holder <licensee>, the agent shall immediately
   9-18  return the card to the department for cancellation.
   9-19        SECTION 13.  Section 102.016, Agriculture Code, is amended to
   9-20  read as follows:
   9-21        Sec. 102.016.  BUYING BY WEIGHT.  A license holder <licensee>
   9-22  who buys citrus fruit by weight shall weigh the fruit on
   9-23  state-registered <state-tested> scales.
   9-24        SECTION 14.  Sections 102.021(a), (c), and (d), Agriculture
   9-25  Code, are amended to read as follows:
   9-26        (a)  A person commits an offense if the person:
   9-27              (1)  acts in violation of Section 102.003 of this code
   10-1  by not obtaining <without> a license or after receiving notice of
   10-2  cancellation of a license;
   10-3              (2)  <acts or assumes to act as a commission merchant
   10-4  without a license as a commission merchant;>
   10-5              <(3)>  acts or assumes to act as a transporting agent
   10-6  or buying agent without an identification card or after receiving
   10-7  notice of cancellation of an identification card;
   10-8              (3) <(4)>  as a transporting agent or buying agent,
   10-9  fails and refuses to turn over to the department an identification
  10-10  card in accordance with Section 102.010(e) of this code;
  10-11              (4) <(5)>  as a license holder <licensee>, fails to
  10-12  furnish information under Section 102.018 of this code before the
  10-13  11th day following the date of demand;
  10-14              (5) <(6)>  as a license holder <licensee>, buys citrus
  10-15  fruit by weight and does not have the fruit weighed on
  10-16  state-registered <state-tested> scales;
  10-17              (6) <(7)>  as a license holder <licensee>, fails to
  10-18  settle with a producer or seller on the grade and quality of citrus
  10-19  fruit in the manner provided by Section 102.015 of this code;
  10-20              (7) <(8)>  as a cash dealer, pays for citrus fruit by a
  10-21  means other than United States currency;
  10-22              (8) <(9)>  fails to maintain records required by
  10-23  Section 102.017(b) of this code;
  10-24              (9) <(10)>  as a license holder <licensee>,
  10-25  transporting agent, or buying agent, violates a provision of this
  10-26  subchapter;
  10-27              <(11)  acts or assumes to act as a retailer without a
   11-1  license as a retailer;> or
   11-2              (10) <(12)>  acts or assumes to act as a cash dealer
   11-3  without being registered <a license> as a cash dealer.
   11-4        (c)  A person commits a separate offense for each day the
   11-5  person acts under Subsection (a)(1) or<,> (a)(2)<, or (a)(3)> of
   11-6  this section.
   11-7        (d)  An offense under Subsection (a)(8) <(a)(9)> of this
   11-8  section is a misdemeanor punishable by a fine of not more than
   11-9  $100, unless the defendant has been previously convicted of an
  11-10  offense under that subsection.  A second offense is punishable by a
  11-11  fine of more than $100 but not more than $200.  A third or
  11-12  subsequent offense is punishable by a fine of $500.
  11-13        SECTION 15.  Section 103.005, Agriculture Code, is amended to
  11-14  read as follows:
  11-15        Sec. 103.005.  INITIATION OF CLAIM.  (a) A person who deals
  11-16  with a license holder <commission merchant or retailer licensed>
  11-17  under Chapter 101 or 102 of this code in the purchasing, handling,
  11-18  selling, and accounting for sales of vegetables or citrus fruit and
  11-19  who is aggrieved by an action of the license holder <commission
  11-20  merchant or retailer> as a result of a violation of terms or
  11-21  conditions of a contract made by the license holder for the sale of
  11-22  Texas-grown produce <commission merchant or retailer> may initiate
  11-23  a claim against the fund by filing with the department:
  11-24              (1)  a sworn complaint against the license holder
  11-25  <commission merchant or retailer>; and
  11-26              (2)  a filing fee of $15.
  11-27        (b)  A complaint and the fee under Subsection (a) of this
   12-1  section must be filed on or before the first anniversary of the
   12-2  date of the violation, or recovery from the fund is barred.
   12-3        SECTION 16.  Section 103.0055, Agriculture Code, is amended
   12-4  to read as follows:
   12-5        Sec. 103.0055.  BANKRUPTCY OF LICENSE HOLDER <MERCHANT OR
   12-6  RETAILER>.  For purposes of this chapter, the amount due an
   12-7  aggrieved party by a license holder <commission merchant or
   12-8  retailer> is not affected by a final judgment of a bankruptcy court
   12-9  that releases the license holder <commission merchant or retailer>
  12-10  from the legal duty to satisfy the claim.
  12-11        SECTION 17.  Section 103.006(a), Agriculture Code, is amended
  12-12  to read as follows:
  12-13        (a)  After a claim is initiated, the department shall
  12-14  investigate the complaint and determine the amount due the
  12-15  aggrieved party.  If the amount determined by the department is
  12-16  disputed by the license holder <commission merchant or retailer> or
  12-17  the aggrieved party, the board shall conduct a hearing on the claim
  12-18  and determine the amount due the aggrieved party.
  12-19        SECTION 18.  Section 103.007(a), Agriculture Code, is amended
  12-20  to read as follows:
  12-21        (a)  If the amount determined by the department's
  12-22  investigation to be due the aggrieved party is not disputed by the
  12-23  license holder <commission merchant or retailer> or the aggrieved
  12-24  party, the department shall pay the claim within the limits
  12-25  prescribed by this chapter.
  12-26        SECTION 19.  Section 103.008, Agriculture Code, is amended by
  12-27  amending Subsections (a), (b), (c), and (d) and adding Subsection
   13-1  (f) to read as follows:
   13-2        (a)  In making payments from the fund the department can <may
   13-3  not> pay the aggrieved party all of the first $1,000 of any claim
   13-4  and no more than 60 percent of the <any> claim above <for more
   13-5  than> $1,000.
   13-6        (b)  The total payment of all claims arising from the same
   13-7  contract with a license holder <transaction> may not exceed
   13-8  $20,000.
   13-9        (c)  The total payment of claims against a single license
  13-10  holder <commission merchant or retailer> may not exceed $50,000 in
  13-11  any one calendar year.
  13-12        (d)  The department may not pay a claim against:
  13-13              (1)  a person <commission merchant or retailer> who was
  13-14  not licensed on the date the contract <at the time of the
  13-15  transaction> on which the claim is based was entered into; or
  13-16              (2)  a cash dealer licensed under Chapter 101 or 102 of
  13-17  this code.
  13-18        (f)  If a license holder owes money to the produce recovery
  13-19  fund at the time the license holder makes a claim against the fund,
  13-20  the department shall offset the amount owed to the fund from the
  13-21  amount dispensed.
  13-22        SECTION 20.  Section 103.009, Agriculture Code, is amended to
  13-23  read as follows:
  13-24        Sec. 103.009.  REIMBURSEMENT OF FUND AND PAYMENT TO
  13-25  COMPLAINING PARTY BY LICENSE HOLDER <LICENSEE>.  (a)  If the
  13-26  department pays a claim against a license holder <commission
  13-27  merchant or retailer>, the license holder <commission merchant or
   14-1  retailer> shall:
   14-2              (1)  reimburse the fund immediately or agree in writing
   14-3  to reimburse the fund on a schedule to be determined by rule of the
   14-4  department; and
   14-5              (2)  immediately pay the aggrieved party any amount due
   14-6  that party or agree in writing to pay the aggrieved party on a
   14-7  schedule to be determined by rule of the department.
   14-8        (b)  Payments made to the fund or to the aggrieved party
   14-9  under this section shall include interest at the rate of eight
  14-10  percent a year.
  14-11        (c)  If the license holder <commission merchant or retailer>
  14-12  does not reimburse the fund or pay the aggrieved party, or does not
  14-13  agree to do so, in accordance with this section, the department
  14-14  shall issue an order canceling the license <of the commission
  14-15  merchant or retailer> and may not issue a new license to that
  14-16  person for four years from the date of cancellation.  If the
  14-17  license holder <commission merchant or retailer> is a corporation,
  14-18  an officer or director of the corporation or a person owning more
  14-19  than 25 percent of the stock in the corporation may not be licensed
  14-20  <as a commission merchant or retailer> under Chapter 101 or 102 of
  14-21  this code during the four-year period in which the corporation is
  14-22  ineligible for licensing.
  14-23        (d)  This section does not apply to a license holder
  14-24  <commission merchant or retailer> who is released by a final
  14-25  judgment of a bankruptcy court from the legal duty to satisfy the
  14-26  claim paid by the department.
  14-27        SECTION 21.  Section 103.010, Agriculture Code, is amended to
   15-1  read as follows:
   15-2        Sec. 103.010.  SUBROGATION OF RIGHTS.  If the department pays
   15-3  a claim against a license holder <commission merchant or retailer>,
   15-4  the department is subrogated to all rights of the aggrieved party
   15-5  against the license holder <commission merchant or retailer> to the
   15-6  extent of the amount paid to the aggrieved party.
   15-7        SECTION 22.  Section 103.011, Agriculture Code, is amended to
   15-8  read as follows:
   15-9        Sec. 103.011.  FEE.  (a)  Except as otherwise provided by
  15-10  this section, a license holder <commission merchant or retailer>
  15-11  licensed under Chapter 101 or 102 of this code shall pay an annual
  15-12  fee to the fund of $200.
  15-13        (b)  <A retailer who is licensed under Chapter 101 or 102 of
  15-14  this code and whose annual purchases of vegetables and citrus fruit
  15-15  are less than $15,000 a year shall pay an annual fee of $50.>
  15-16        <(c)  A person who is required by Subsection (a) of this
  15-17  section to pay a fee of $200 and who is licensed in one of those
  15-18  classifications under both Chapters 101 and 102 of this code may
  15-19  pay a single fee of $250.  A person who is required by Subsection
  15-20  (b) of this section to pay a $50 fee and who is licensed in that
  15-21  classification under both Chapters 101 and 102 of this code may pay
  15-22  a single fee of $75.>
  15-23        <(d)>  A person registered <licensed> as a cash dealer or a
  15-24  marketing association organized under Chapter 52 of this code that
  15-25  handles citrus fruit only for its members is exempt from payment of
  15-26  the fee under this section.
  15-27        (c) <(e)>  The fee is in addition to any licensing fee paid
   16-1  and is due at the time of making the license application.  The
   16-2  department may not issue a license to a person who fails to pay the
   16-3  fee.
   16-4        SECTION 23.  Section 103.013(a), Agriculture Code, is amended
   16-5  to read as follows:
   16-6        (a)  A person commits an offense if the person acts or
   16-7  assumes to act as a license holder <commission merchant or
   16-8  retailer> under Chapter 101 or 102 of this code without first
   16-9  paying the fee required by this chapter.
  16-10        SECTION 24.  A license, registration, or identification card
  16-11  that is issued under Chapter 101 or 102, Agriculture Code, and that
  16-12  is valid on the effective date of this Act remains valid until it
  16-13  expires or is revoked or suspended.
  16-14        SECTION 25.  This Act takes effect September 1, 1995.
  16-15        SECTION 26.  The importance of this legislation and the
  16-16  crowded condition of the calendars in both houses create an
  16-17  emergency and an imperative public necessity that the
  16-18  constitutional rule requiring bills to be read on three several
  16-19  days in each house be suspended, and this rule is hereby suspended.