S.B. No. 372
AN ACT
1-1 relating to the continuation and functions of the Department of
1-2 Agriculture and certain associated entities, including the Texas
1-3 Agricultural Finance Authority, the Agriculture Resources
1-4 Protection Authority, the State Seed and Plant Board, and the
1-5 Produce Recovery Fund Board, and generally to matters regarding
1-6 agriculture in this state; providing penalties.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 ARTICLE 1. GENERAL PROVISIONS
1-9 SECTION 1.01. Section 11.008, Agriculture Code, is amended
1-10 to read as follows:
1-11 Sec. 11.008. FUNDS OF THE DEPARTMENT. Except as otherwise
1-12 provided by law, all money paid to the department is subject to
1-13 Subchapter F, Chapter 404, Government Code <the department shall
1-14 deposit all money collected or received by it in the state treasury
1-15 to the credit of the general revenue fund>.
1-16 SECTION 1.02. Section 12.013, Agriculture Code, is amended
1-17 to read as follows:
1-18 Sec. 12.013. Employees. (a) The department may employ
1-19 personnel as the duties of the department require. The
1-20 commissioner shall provide to the department's employees, as often
1-21 as necessary, information regarding their qualifications for
1-22 employment and their responsibilities under applicable laws
1-23 relating to standards of conduct for state employees.
1-24 (b) The commissioner or the commissioner's designee shall
2-1 develop a system of annual performance evaluations that are based
2-2 on documented employee performance. All merit pay for department
2-3 employees must be based on the system established under this
2-4 subsection.
2-5 (c) The commissioner or the commissioner's designee shall
2-6 develop an intraagency career ladder program that addresses
2-7 opportunities for mobility and advancement for employees within the
2-8 department. The program shall require intraagency postings of all
2-9 <nonentry level> positions concurrently with any public posting.
2-10 (d) The commissioner or the commissioner's designee shall
2-11 prepare and maintain a written policy statement to assure
2-12 implementation of a program of equal employment opportunity under
2-13 which all personnel transactions are made without regard to race,
2-14 color, disability <handicap>, sex, religion, age, or national
2-15 origin. The policy statement must include:
2-16 (1) personnel policies, including policies relating to
2-17 recruitment, evaluation, selection, appointment, training, and
2-18 promotion of personnel that comply with the requirements of Chapter
2-19 21, Labor Code;
2-20 (2) a comprehensive analysis of the department work
2-21 force that meets federal and state guidelines;
2-22 (3) procedures by which a determination can be made
2-23 about the extent of underuse <of significant underutilization> in
2-24 the department work force of all persons for whom federal or state
2-25 guidelines encourage a more equitable balance; and
2-26 (4) reasonable methods to appropriately address those
2-27 areas of underuse <significant underutilization>.
3-1 (e) A policy statement prepared under Subsection (d) of this
3-2 section must cover an annual period, be updated <at least> annually
3-3 and reviewed by the Texas Commission on Human Rights for compliance
3-4 with Subsection (d)(1) of this section, and be filed with the
3-5 governor's office.
3-6 (f) The governor's office shall deliver a biennial report to
3-7 the legislature based on the information received under Subsection
3-8 (e) of this section. The report may be made separately or as a
3-9 part of other biennial reports made to the legislature.
3-10 SECTION 1.03. Section 12.016, Agriculture Code, is amended
3-11 to read as follows:
3-12 Sec. 12.016. RULES. The department may adopt rules as
3-13 necessary for the administration of its powers and duties under
3-14 <Sections 12.001-12.015 of> this code.
3-15 SECTION 1.04. Chapter 12, Agriculture Code, is amended by
3-16 adding Sections 12.0201 and 12.0202 to read as follows:
3-17 Sec. 12.0201. LICENSE SANCTIONS. The department shall
3-18 revoke, modify, suspend, or refuse to renew a license, assess an
3-19 administrative penalty, place on probation a person whose license
3-20 has been suspended, or reprimand a license holder for a violation
3-21 of this code or a rule of the department. If a license suspension
3-22 is probated, the department may require the practitioner:
3-23 (1) to report regularly to the department on matters
3-24 that are the basis of the probation;
3-25 (2) to limit practice to the areas prescribed by the
3-26 department; or
3-27 (3) to continue or review professional education until
4-1 the practitioner attains a degree of skill satisfactory to the
4-2 department in those areas that are the basis of the probation.
4-3 Sec. 12.0202. ADMINISTRATIVE HEARINGS. If the department
4-4 proposes to suspend, revoke, or refuse to renew a person's license,
4-5 the person is entitled to a hearing conducted by the State Office
4-6 of Administrative Hearings. Proceedings for a disciplinary action
4-7 are governed by Chapter 2001, Government Code. Rules of practice
4-8 adopted by the department under Section 2001.004, Government Code,
4-9 applicable to the proceedings for a disciplinary action may not
4-10 conflict with rules adopted by the State Office of Administrative
4-11 Hearings.
4-12 SECTION 1.05. Section 12.023, Agriculture Code, is amended
4-13 to read as follows:
4-14 Sec. 12.023. Expiration of Registration or Licenses. The
4-15 department by rule may adopt a system under which registrations
4-16 <the registration> or licenses required by the department <Section
4-17 14.004, 61.013, 71.043, 71.057, 75.004, 76.071, 76.105, or 132.021
4-18 of this code> expire on various dates during the year. For the
4-19 year in which the registration or license expiration date is
4-20 changed, <fees payable on renewal of the> registration or license
4-21 fees shall be prorated on a monthly basis so that each registrant
4-22 or licensee pays <shall pay> only that portion of the fee that is
4-23 allocable to the number of months during which the registration or
4-24 license is valid. On renewal of the registration or license on the
4-25 new expiration date, the total renewal fee is payable.
4-26 SECTION 1.06. Section 12.025, Agriculture Code, is amended
4-27 to read as follows:
5-1 Sec. 12.025. PROGRAM ACCESSIBILITY PLAN. The department
5-2 shall comply with federal and state laws related to program and
5-3 facility accessibility. The commissioner <department> shall also
5-4 prepare and maintain a written plan that describes how a person who
5-5 does not speak English <or who has a physical, mental, or
5-6 developmental disability> can be provided reasonable access to the
5-7 department's programs and services.
5-8 SECTION 1.07. Subsections (c) and (d), Section 12.026,
5-9 Agriculture Code, are amended to read as follows:
5-10 (c) The department shall keep an information file about each
5-11 complaint filed with the department <that the department has
5-12 authority to resolve>. The information shall include:
5-13 (1) the date the complaint is received;
5-14 (2) the name of the complainant;
5-15 (3) the subject matter of the complaint;
5-16 (4) a record of all persons contacted in relation to
5-17 the complaint;
5-18 (5) a summary of the results of the review or
5-19 investigation of the complaint; and
5-20 (6) for complaints for which the agency took no
5-21 action, an explanation of the reason the complaint was closed
5-22 without action.
5-23 (d) The department shall keep a file about each written
5-24 complaint filed with the department that the department has
5-25 authority to resolve. The department shall provide to the person
5-26 filing the complaint and the persons or entities complained about
5-27 the department's policies and procedures pertaining to complaint
6-1 investigation and resolution. The <If a written complaint is filed
6-2 with the department that the department has authority to resolve,
6-3 the> department, at least quarterly and until final disposition of
6-4 the complaint, shall notify the person filing <parties to> the
6-5 complaint and the persons or entities complained about of the
6-6 status of the complaint unless the notice would jeopardize an
6-7 undercover investigation.
6-8 SECTION 1.08. Chapter 12, Agriculture Code, is amended by
6-9 adding Section 12.0261 to read as follows:
6-10 Sec. 12.0261. ADMINISTRATIVE PROCEDURE. The department is
6-11 subject to Chapter 2001, Government Code.
6-12 SECTION 1.09. Chapter 12, Agriculture Code, is amended by
6-13 adding Sections 12.035, 12.036, and 12.037 to read as follows:
6-14 Sec. 12.035. NOTICE TO EXAMINEE. Not later than the 30th
6-15 day after the date on which a licensing or registration examination
6-16 is administered under this code, the department shall notify each
6-17 examinee of the results of the examination. However, if an
6-18 examination is graded or reviewed by a national testing service,
6-19 the department shall notify examinees of the results of the
6-20 examination not later than the 14th day after the date on which the
6-21 department receives the results from the testing service. If the
6-22 notice of examination results graded or reviewed by a national
6-23 testing service will be delayed for longer than 90 days after the
6-24 examination date, the department shall notify the examinee of the
6-25 reason for the delay before the 90th day. The department may
6-26 require a testing service to notify examinees of the results of an
6-27 examination.
7-1 Sec. 12.036. LICENSING OUT-OF-STATE APPLICANTS. The
7-2 department may waive any prerequisite to obtaining a license or
7-3 registration for an applicant after reviewing the applicant's
7-4 credentials and determining that the applicant holds a valid
7-5 license from another state that has license or registration
7-6 requirements substantially equivalent to those of this state.
7-7 Sec. 12.037. CONTINUING EDUCATION. The department may
7-8 recognize, prepare, or administer continuing education programs for
7-9 its license holders.
7-10 SECTION 1.10. Subsection (a), Section 14.015, Agriculture
7-11 Code, is amended to read as follows:
7-12 (a) The department may deny an application for a license or
7-13 license renewal if the applicant fails to comply with a requirement
7-14 of this subchapter or a rule adopted by the department under this
7-15 subchapter.
7-16 SECTION 1.11. Section 52.085, Agriculture Code, is amended
7-17 to read as follows:
7-18 Sec. 52.085. Voting. (a) Except as provided by Subsection
7-19 (b) of this section, a member of a marketing association is
7-20 entitled to one vote.
7-21 (b) A marketing association may provide in its articles of
7-22 incorporation or bylaws for a member association or group to have
7-23 more than one vote if the association providing for the vote:
7-24 (1) is organized primarily for the production,
7-25 cultivation, and care of citrus groves or for processing and
7-26 marketing citrus products;
7-27 (2) has its principal office in a county that has at
8-1 least 500 acres of land planted in citrus groves; and
8-2 (3) includes as members one or more associations or
8-3 groups organized on a cooperative basis.
8-4 (c) A marketing association that provides for a member
8-5 association or group to have more than one vote under Subsection
8-6 (b) shall comply with Section 52.012(a)(2).
8-7 (d) In accordance with a bylaw adopted under Section 52.052
8-8 of this code, a marketing association may provide for its members
8-9 to vote by proxy or by mail.
8-10 SECTION 1.12. Section 58.012, Agriculture Code, is amended
8-11 by adding Subsection (f) to read as follows:
8-12 (f) Appointments to the board shall be made without regard
8-13 to the race, color, disability, sex, religion, age, or national
8-14 origin of the appointees.
8-15 SECTION 1.13. Subsection (a), Section 58.013, Agriculture
8-16 Code, is amended to read as follows:
8-17 (a) The governor shall designate a member of the board as
8-18 <appoint> the chairman of the board to serve in that capacity at
8-19 the pleasure of the governor. The board shall elect a
8-20 vice-chairman biennially from its members and shall elect a
8-21 secretary, a treasurer, and other officers it considers necessary.
8-22 SECTION 1.14. The heading to Section 58.014, Agriculture
8-23 Code, is amended to read as follows:
8-24 Sec. 58.014. MEETINGS; ADMINISTRATIVE PROCEDURE.
8-25 SECTION 1.15. Section 58.014, Agriculture Code, is amended
8-26 by adding Subsections (c) and (d) to read as follows:
8-27 (c) The board shall develop and implement policies that
9-1 provide the public with a reasonable opportunity to appear before
9-2 the board and to speak on any issue under the jurisdiction of the
9-3 board.
9-4 (d) The board is subject to Chapter 551, Government Code,
9-5 and Chapter 2001, Government Code.
9-6 SECTION 1.16. Chapter 58, Agriculture Code, is amended by
9-7 adding Sections 58.0172, 58.0173, 58.0174, 58.0175, and 58.0176 to
9-8 read as follows:
9-9 Sec. 58.0172. BOARD CONFLICT OF INTEREST. (a) An officer,
9-10 employee, or paid consultant of a Texas trade association in the
9-11 field of agriculture may not be a member of the board.
9-12 (b) A person who is the spouse of an officer, manager, or
9-13 paid consultant of a Texas trade association in the field of
9-14 agriculture may not be a member of the board.
9-15 (c) For the purposes of this section, a Texas trade
9-16 association is a nonprofit, cooperative, and voluntarily joined
9-17 association of business or professional competitors in this state
9-18 designed to assist its members and its industry or profession in
9-19 dealing with mutual business or professional problems and in
9-20 promoting their common interest.
9-21 (d) A person may not serve as a member of the board or act
9-22 as the general counsel to the board if the person is required to
9-23 register as a lobbyist under Chapter 305, Government Code, because
9-24 of the person's activities for compensation on behalf of a
9-25 profession related to the operation of the board.
9-26 Sec. 58.0173. REMOVAL OF BOARD MEMBER. (a) It is a ground
9-27 for removal from the board if a member:
10-1 (1) does not have at the time of appointment the
10-2 qualifications required by Section 58.012;
10-3 (2) does not maintain during service on the board the
10-4 qualifications required by Section 58.012;
10-5 (3) violates a prohibition established by Section
10-6 58.0172;
10-7 (4) cannot because of illness or disability discharge
10-8 the member's duties for a substantial part of the term for which
10-9 the member is appointed; or
10-10 (5) is absent from more than half of the regularly
10-11 scheduled board meetings that the member is eligible to attend
10-12 during a calendar year unless the absence is excused by majority
10-13 vote of the board.
10-14 (b) The validity of an action of the board is not affected
10-15 by the fact that it is taken when a ground for removal of a board
10-16 member exists.
10-17 (c) If the commissioner has knowledge that a potential
10-18 ground for removal exists, the commissioner shall notify the
10-19 chairman of the board of the potential ground. The chairman shall
10-20 then notify the governor and the attorney general that a potential
10-21 ground for removal exists. If the potential ground for removal
10-22 involves the chairman, the commissioner shall notify the next
10-23 highest officer of the board, who shall notify the governor and the
10-24 attorney general that a potential ground for removal exists.
10-25 Sec. 58.0174. STANDARDS OF CONDUCT. The commissioner or the
10-26 commissioner's designee shall provide to members of the board, as
10-27 often as necessary, information regarding their qualification for
11-1 office under this chapter and their responsibilities under
11-2 applicable laws relating to standards of conduct for state
11-3 officers.
11-4 Sec. 58.0175. SEPARATION OF RESPONSIBILITIES. The board
11-5 shall develop and implement policies that clearly separate the
11-6 policymaking responsibilities of the board and the management
11-7 responsibilities of the commissioner and the staff of the
11-8 department.
11-9 Sec. 58.0176. BOARD MEMBER TRAINING. (a) Before a member
11-10 of the board may assume the member's duties and before the member
11-11 may be confirmed by the senate, the member must complete at least
11-12 one course of the training program established under this section.
11-13 (b) A training program established under this section shall
11-14 provide information to the member regarding:
11-15 (1) the enabling legislation that created the board;
11-16 (2) the programs operated by the board;
11-17 (3) the role and functions of the board;
11-18 (4) the rules of the board;
11-19 (5) the current budget for funds the board
11-20 administers;
11-21 (6) the results of the most recent formal audit of the
11-22 board;
11-23 (7) the requirements of:
11-24 (A) Chapter 551, Government Code;
11-25 (B) Chapter 552, Government Code; and
11-26 (C) Chapter 2001, Government Code;
11-27 (8) the requirements of the conflict of interest laws
12-1 and other laws relating to public officials; and
12-2 (9) any applicable ethics policies adopted by the
12-3 department or the Texas Ethics Commission.
12-4 SECTION 1.17. Section 62.002, Agriculture Code, is amended
12-5 by amending Subsection (d) and by adding Subsection (e) to read as
12-6 follows:
12-7 (d) The governor shall designate a member of the board as
12-8 the chairman to serve in that capacity at the pleasure of the
12-9 governor. The board annually shall elect a <chairman,>
12-10 vice-chairman<,> and secretary. The board shall meet at times and
12-11 places determined by the chairman.
12-12 (e) Appointments to the board shall be made without regard
12-13 to the race, color, disability, sex, religion, age, or national
12-14 origin of the appointees.
12-15 SECTION 1.18. Chapter 62, Agriculture Code, is amended by
12-16 adding Sections 62.0022, 62.0023, 62.0024, 62.0025, 62.0026, and
12-17 62.0027 to read as follows:
12-18 Sec. 62.0022. BOARD CONFLICT OF INTEREST. (a) An officer,
12-19 employee, or paid consultant of a Texas trade association in the
12-20 field of agriculture may not be a member of the board.
12-21 (b) A person who is the spouse of an officer, manager, or
12-22 paid consultant of a Texas trade association in the field of
12-23 agriculture may not be a member of the board.
12-24 (c) For the purposes of this section, a Texas trade
12-25 association is a nonprofit, cooperative, and voluntarily joined
12-26 association of business or professional competitors in this state
12-27 designed to assist its members and its industry or profession in
13-1 dealing with mutual business or professional problems and in
13-2 promoting their common interest.
13-3 (d) A person may not serve as a member of the board or act
13-4 as the general counsel to the board if the person is required to
13-5 register as a lobbyist under Chapter 305, Government Code, because
13-6 of the person's activities for compensation on behalf of a
13-7 profession related to the operation of the board.
13-8 Sec. 62.0023. REMOVAL OF BOARD MEMBER. (a) It is a ground
13-9 for removal from the board if a member:
13-10 (1) does not have at the time of appointment the
13-11 qualifications required by Section 62.002;
13-12 (2) does not maintain during service on the board the
13-13 qualifications required by Section 62.002;
13-14 (3) violates a prohibition established by Section
13-15 62.0022;
13-16 (4) cannot because of illness or disability discharge
13-17 the member's duties for a substantial part of the term for which
13-18 the member is appointed; or
13-19 (5) is absent from more than half of the regularly
13-20 scheduled board meetings that the member is eligible to attend
13-21 during a calendar year unless the absence is excused by majority
13-22 vote of the board.
13-23 (b) The validity of an action of the board is not affected
13-24 by the fact that it is taken when a ground for removal of a board
13-25 member exists.
13-26 (c) If the commissioner has knowledge that a potential
13-27 ground for removal exists, the commissioner shall notify the
14-1 chairman of the board of the potential ground. The chairman shall
14-2 then notify the governor and the attorney general that a potential
14-3 ground for removal exists. If the potential ground for removal
14-4 involves the chairman, the commissioner shall notify the next
14-5 highest officer of the board who shall notify the governor and the
14-6 attorney general that a potential ground for removal exists.
14-7 Sec. 62.0024. STANDARDS OF CONDUCT. The commissioner or the
14-8 commissioner's designee shall provide to members of the board, as
14-9 often as necessary, information regarding their qualification for
14-10 office under this chapter and their responsibilities under
14-11 applicable laws relating to standards of conduct for state officers
14-12 or employees.
14-13 Sec. 62.0025. BOARD MEETINGS; ADMINISTRATIVE PROCEDURE.
14-14 (a) The board shall develop and implement policies that provide
14-15 the public with a reasonable opportunity to appear before the board
14-16 and to speak on any issue under the jurisdiction of the board.
14-17 (b) The board is subject to Chapter 551, Government Code,
14-18 and Chapter 2001, Government Code.
14-19 Sec. 62.0026. SEPARATION OF RESPONSIBILITIES. The board
14-20 shall develop and implement policies that clearly separate the
14-21 policymaking responsibilities of the board and the management
14-22 responsibilities of the commissioner and the staff of the
14-23 department.
14-24 Sec. 62.0027. BOARD MEMBER TRAINING. (a) Before a member
14-25 of the board may assume the member's duties and before the member
14-26 may be confirmed by the senate, the member must complete at least
14-27 one course of the training program established under this section.
15-1 (b) A training program established under this section shall
15-2 provide information to the member regarding:
15-3 (1) Chapter 64, this chapter, and the enabling
15-4 legislation that created the board;
15-5 (2) the programs operated by the board;
15-6 (3) the role and functions of the board;
15-7 (4) the rules of the board with an emphasis on the
15-8 rules that relate to disciplinary and investigatory authority;
15-9 (5) the requirements of:
15-10 (A) Chapter 551, Government Code;
15-11 (B) Chapter 552, Government Code; and
15-12 (C) Chapter 2001, Government Code;
15-13 (6) the requirements of the conflict of interest laws
15-14 and other laws relating to public officials; and
15-15 (7) any applicable ethics policies adopted by the
15-16 department or the Texas Ethics Commission.
15-17 SECTION 1.19. Subsection (a), Section 62.0065, Agriculture
15-18 Code, is amended to read as follows:
15-19 (a) Not later than the 30th day after the date on which a
15-20 licensing or registration examination is administered under this
15-21 chapter, the board shall notify each examinee of the results of the
15-22 examination. However, if an examination is graded or reviewed by a
15-23 national testing service, the board shall notify examinees of the
15-24 results of the examination not later than the 14th day after the
15-25 date on which the board receives the results from the testing
15-26 service. If the notice of examination results graded or reviewed
15-27 by a national testing service will be delayed for longer than 90
16-1 days after the examination date, the board shall notify the
16-2 examinee of the reason for the delay before the 90th day. The
16-3 board may require a testing service to notify examinees of the
16-4 results of an examination.
16-5 SECTION 1.20. Subsections (b) and (d), Section 76.110,
16-6 Agriculture Code, are amended to read as follows:
16-7 (b) Not later than the 30th day after the date on which a
16-8 licensing examination is administered under this section, the
16-9 appropriate regulatory agency shall notify each examinee of the
16-10 results of the examination. However, if an examination is graded
16-11 or reviewed by a national testing service, the appropriate
16-12 regulatory agency shall notify examinees of the results of the
16-13 examination not later than the 14th day after the date on which the
16-14 appropriate regulatory agency receives the results from the testing
16-15 service. If the notice of examination results graded or reviewed
16-16 by a national testing service will be delayed for longer than 90
16-17 days after the examination date, the appropriate regulatory agency
16-18 shall notify the examinee of the reason for the delay before the
16-19 90th day. The appropriate regulatory agency may require a testing
16-20 service to notify examinees of the results of an examination.
16-21 (d) The appropriate <head of a> regulatory agency may waive
16-22 <part or all of> any prerequisite to obtaining a license for an
16-23 applicant after reviewing the applicant's credentials and
16-24 determining that the applicant holds a valid license from another
16-25 state that has license <examination> requirements <on a reciprocal
16-26 basis with any other state or federal agency that has>
16-27 substantially equivalent to those of this state <the same
17-1 examination standards>.
17-2 SECTION 1.21. Section 103.003, Agriculture Code, is amended
17-3 by adding Subsections (e), (f), and (g) to read as follows:
17-4 (e) Appointments to the board shall be made without regard
17-5 to the race, color, disability, sex, religion, age, or national
17-6 origin of the appointees.
17-7 (f) The governor shall designate a member of the board as
17-8 the chairman of the board to serve in that capacity at the pleasure
17-9 of the governor.
17-10 (g) The board is subject to Chapter 551, Government Code,
17-11 and Chapter 2001, Government Code.
17-12 SECTION 1.22. Section 103.004, Agriculture Code, is amended
17-13 to read as follows:
17-14 Sec. 103.004. DUTIES OF THE BOARD. (a) The board shall:
17-15 (1) advise the department on all matters relating to
17-16 the fund, including the fund's budget and the revenues necessary to
17-17 accomplish the purposes of the fund;
17-18 (2) advise the department in the adoption of rules
17-19 relating to the payment of claims from the fund and to the
17-20 administration of the fund; and
17-21 (3) conduct adjudicative hearings on disputed claims
17-22 presented for payment from the fund.
17-23 (b) The board shall develop and implement policies that
17-24 provide the public with a reasonable opportunity to appear before
17-25 the board and to speak on any issue under the jurisdiction of the
17-26 board.
17-27 (c) The board shall develop and implement policies that
18-1 clearly separate the policymaking responsibilities of the board and
18-2 the management responsibilities of the commissioner and the staff
18-3 of the department.
18-4 SECTION 1.23. Chapter 103, Agriculture Code, is amended by
18-5 adding Sections 103.016, 103.017, 103.018, and 103.019 to read as
18-6 follows:
18-7 Sec. 103.016. BOARD CONFLICT OF INTEREST. (a) An officer,
18-8 employee, or paid consultant of a Texas trade association in the
18-9 field of agriculture may not be a member of the board.
18-10 (b) A person who is the spouse of an officer, manager, or
18-11 paid consultant of a Texas trade association in the field of
18-12 agriculture may not be a member of the board.
18-13 (c) For the purposes of this section, a Texas trade
18-14 association is a nonprofit, cooperative, and voluntarily joined
18-15 association of business or professional competitors in this state
18-16 designed to assist its members and its industry or profession in
18-17 dealing with mutual business or professional problems and in
18-18 promoting their common interest.
18-19 (d) A person may not serve as a member of the board or act
18-20 as the general counsel to the board if the person is required to
18-21 register as a lobbyist under Chapter 305, Government Code, because
18-22 of the person's activities for compensation on behalf of a
18-23 profession related to the operation of the board.
18-24 Sec. 103.017. REMOVAL OF BOARD MEMBER. (a) It is a ground
18-25 for removal from the board if a member:
18-26 (1) does not have at the time of appointment the
18-27 qualifications required by Section 103.003;
19-1 (2) does not maintain during service on the board the
19-2 qualifications required by Section 103.003;
19-3 (3) violates a prohibition established by Section
19-4 103.016;
19-5 (4) cannot because of illness or disability discharge
19-6 the member's duties for a substantial part of the term for which
19-7 the member is appointed; or
19-8 (5) is absent from more than half of the regularly
19-9 scheduled board meetings that the member is eligible to attend
19-10 during a calendar year unless the absence is excused by majority
19-11 vote of the board.
19-12 (b) The validity of an action of the board is not affected
19-13 by the fact that it is taken when a ground for removal of a board
19-14 member exists.
19-15 (c) If the commissioner has knowledge that a potential
19-16 ground for removal exists, the commissioner shall notify the
19-17 chairman of the board of the potential ground. The chairman shall
19-18 then notify the governor and the attorney general that a potential
19-19 ground for removal exists. If the potential ground for removal
19-20 involves the chairman, the commissioner shall notify the next
19-21 highest officer of the board who shall notify the governor and the
19-22 attorney general that a potential ground for removal exists.
19-23 Sec. 103.018. QUALIFICATIONS AND STANDARDS OF CONDUCT. The
19-24 commissioner or the commissioner's designee shall provide to
19-25 members of the board, as often as necessary, information regarding
19-26 their qualification for office under this chapter and their
19-27 responsibilities under applicable laws relating to standards of
20-1 conduct for state officers or employees.
20-2 Sec. 103.019. BOARD MEMBER TRAINING. (a) Before a member
20-3 of the board may assume the member's duties and before the member
20-4 may be confirmed by the senate, the member must complete at least
20-5 one course of the training program established under this section.
20-6 (b) A training program established under this section shall
20-7 provide information to the member regarding:
20-8 (1) this chapter;
20-9 (2) the programs operated by the board;
20-10 (3) the role and functions of the board;
20-11 (4) the rules of the board with an emphasis on the
20-12 rules that relate to disciplinary and investigatory authority;
20-13 (5) the current budget for the produce recovery fund;
20-14 (6) the requirements of:
20-15 (A) Chapter 551, Government Code;
20-16 (B) Chapter 552, Government Code; and
20-17 (C) Chapter 2001, Government Code;
20-18 (7) the requirements of the conflict of interest laws
20-19 and other laws relating to public officials; and
20-20 (8) any applicable ethics policies adopted by the
20-21 department or the Texas Ethics Commission.
20-22 ARTICLE 2. FEES
20-23 SECTION 2.01. Chapter 12, Agriculture Code, is amended by
20-24 adding Section 12.0144 to read as follows:
20-25 Sec. 12.0144. FEE SCHEDULE. The department shall by rule
20-26 adopt a schedule for all fees set by the department under this
20-27 code. Except for those activities exempted in the General
21-1 Appropriations Act, the department shall set fees in an amount
21-2 which offsets, when feasible, the direct and indirect state costs
21-3 of administering its regulatory activities.
21-4 SECTION 2.02. Subsections (a) and (c), Section 12.018,
21-5 Agriculture Code, are amended to read as follows:
21-6 (a) On request of any person, the department may test an
21-7 agricultural product for aflatoxins. The department may set and
21-8 charge a fee, as provided by department rule, <of not less than $20
21-9 nor more than $40> for each test.
21-10 (c) <The department shall charge a fee of not less than $5
21-11 nor more than $150 for each laboratory analysis performed under
21-12 Subsection (b) of this section.> The department shall set by rule
21-13 the fee for each type of laboratory analysis. <Each fee shall be
21-14 designed to recover at least half of the costs of performing the
21-15 analysis.>
21-16 SECTION 2.03. Section 12.021, Agriculture Code, is amended
21-17 to read as follows:
21-18 Sec. 12.021. FEE FOR PHYTOSANITATION CERTIFICATE INSPECTION.
21-19 The department shall collect an inspection fee, as provided by
21-20 department rule, <of not less than $25> for <the issuance of> a
21-21 phytosanitation inspection <fee certificate> required by foreign
21-22 countries or other states for agricultural products exported from
21-23 this state.
21-24 SECTION 2.04. Section 12.024, Agriculture Code, is amended
21-25 to read as follows:
21-26 Sec. 12.024. Late Renewal of License or Registration.
21-27 (a) A person who is otherwise eligible to renew a license or
22-1 registration may renew an unexpired license or registration by
22-2 paying the required renewal fee to the department before the
22-3 expiration date of the license or registration. A person whose
22-4 license or registration has expired may not engage in activities
22-5 that require a license or registration until the license or
22-6 registration has been renewed under the provisions of this section.
22-7 <This section is applicable only to a renewal fee under Section
22-8 13.304, 13.354, 14.005, 18.003, 18.004, 71.043, 71.057, 75.004,
22-9 76.044, 76.073, 76.113, or 132.025 of this code.>
22-10 (b) If the person's license or registration has been expired
22-11 for 90 days or less, the person may renew the license or
22-12 registration by paying to the department 1-1/2 times the required
22-13 renewal fee. <A late fee is assessed according to the following
22-14 schedule:>
22-15 <Days Late Late Fee Amount>
22-16 <at least 1 but less than 31 20% of the renewal fee>
22-17 <at least 31 but less than 91 50% of the renewal fee>
22-18 <at least 91 but less than 365 100% of the renewal fee>
22-19 (c) If the person's license or registration has been expired
22-20 for longer than 90 days but less than one year, the person may
22-21 renew the license or registration by paying to the department two
22-22 times the required renewal fee.
22-23 (d) If the person's license or registration has been expired
22-24 for one year or longer, the person may not renew the license or
22-25 registration. The person may obtain a new license or registration
22-26 by submitting to reexamination, if applicable, and complying with
22-27 the requirements and procedures for obtaining an original license
23-1 or registration.
23-2 (e) If the person was licensed or registered in this state,
23-3 moved to another state, and is currently licensed or registered and
23-4 has been in practice in the other state for the two years preceding
23-5 application, the person may renew an expired license or
23-6 registration without reexamination, if required. The person must
23-7 pay to the department a fee that is equal to two times the required
23-8 renewal fee for the license or registration.
23-9 (f) At least 30 days before the expiration of a person's
23-10 license or registration, the department shall send written notice
23-11 of the impending license or registration expiration to the person
23-12 at the license holder's or registrant's last known address
23-13 according to the records of the department.
23-14 (g) The department by rule shall set fees required by this
23-15 section. <A person who fails to pay the renewal fee and the
23-16 applicable late fee within one year after the due date of the
23-17 renewal fee is not eligible to renew a license. The ineligible
23-18 person may reapply for an initial license or registration.>
23-19 SECTION 2.05. Chapter 12, Agriculture Code, is amended by
23-20 adding Section 12.034 to read as follows:
23-21 Sec. 12.034. REFUND OF FEES. The department by rule may
23-22 provide for the full or partial refund of a fee collected by the
23-23 department.
23-24 SECTION 2.06. Subsections (c), (d), (e), and (f), Section
23-25 13.115, Agriculture Code, are amended to read as follows:
23-26 (c) The department shall charge a fee, as provided by
23-27 department rule, for tolerance testing of a weight by the
24-1 department's metrology laboratory. <is:>
24-2 <WEIGHT FEE>
24-3 <Less than 10 pounds $ 2>
24-4 <10 pounds or more but less than 500 pounds $ 5>
24-5 <500 pounds or more but less than 2,500 pounds $10>
24-6 <2,500 pounds or more $20>
24-7 (d) The department shall charge a fee, as provided by
24-8 department rule, for tolerance testing of a measure by the
24-9 department's metrology laboratory. <is:>
24-10 <MEASURE CAPACITY FEES>
24-11 <5 gallons or less $10>
24-12 <More than 5 gallons $10>
24-13 <plus 20 cents for each gallon over 5>
24-14 (e) The department shall charge a fee, as provided by
24-15 department rule, for precision testing performed by the
24-16 department's metrology laboratory. <is:>
24-17 <WEIGHT FEES>
24-18 <Not more than 3 kilograms $25>
24-19 <More than 3 kilograms but not more than 30 kilograms $50>
24-20 <More than 30 kilograms $70>
24-21 (f) The department shall charge a fee, as provided by
24-22 department rule, for precision testing of tapes, rules, glassware,
24-23 and other measuring devices performed by the department's metrology
24-24 laboratory <is $25 for each increment>.
24-25 SECTION 2.07. Subsections (b), (c), and (d), Section
24-26 13.1151, Agriculture Code, are amended to read as follows:
24-27 (b) The department shall charge an annual fee, as provided
25-1 by department rule, for registration of a pump <may not exceed
25-2 $6.25>.
25-3 (c) The department shall charge an annual fee, as provided
25-4 by department rule, for registration of a scale. <may not exceed
25-5 the following amounts:>
25-6 <SCALE CAPACITY FEE>
25-7 <Less than 4,999 pounds $12.50>
25-8 <4,999 pounds or more $100>
25-9 (d) The department shall charge an annual fee, as provided
25-10 by department rule, for registration of a bulk or liquefied
25-11 petroleum gas metering device <may not exceed $80>.
25-12 SECTION 2.08. Subsection (b), Section 13.255, Agriculture
25-13 Code, is amended to read as follows:
25-14 (b) A state public weigher must submit a nonrefundable fee,
25-15 as provided by department rule, <of $400> with the application for
25-16 a certificate of authority. A county public weigher or a deputy
25-17 public weigher must submit a <nonrefundable> fee, as provided by
25-18 department rule, <of $100> with the application for a certificate
25-19 of authority.
25-20 SECTION 2.09. Subsections (a) and (b), Section 13.304,
25-21 Agriculture Code, are amended to read as follows:
25-22 (a) An application for a license shall be submitted to the
25-23 department on a form prescribed by the department, accompanied by
25-24 an <a nonrefundable> annual license fee in an amount established by
25-25 department rule<, not to exceed $200>.
25-26 (b) A license issued under this subchapter expires on the
25-27 anniversary date of the person's test equipment calibration, as
26-1 such anniversary is defined by a department rule, and may be
26-2 renewed by filing with the department a renewal application form
26-3 prescribed by the department, accompanied by an <a nonrefundable>
26-4 annual license renewal fee in an amount established by department
26-5 rule<, not to exceed $200>.
26-6 SECTION 2.10. Subsections (a) and (b), Section 13.354,
26-7 Agriculture Code, are amended to read as follows:
26-8 (a) An application for a license shall be submitted to the
26-9 department on a form prescribed by the department, accompanied by
26-10 an <a nonrefundable> annual license fee in an amount established by
26-11 department rule<, not to exceed $200>.
26-12 (b) A license issued under this subchapter expires on the
26-13 anniversary date of the person's test equipment calibration, as
26-14 such anniversary is defined by department rule, and may be renewed
26-15 by filing with the department a renewal application form prescribed
26-16 by the department, accompanied by an <a nonrefundable> annual
26-17 license renewal fee in an amount established by department rule<,
26-18 not to exceed $200>.
26-19 SECTION 2.11. Subsection (b), Section 14.005, Agriculture
26-20 Code, is amended to read as follows:
26-21 (b) An applicant must file a separate application for each
26-22 license, renewal, or amendment and shall accompany each application
26-23 for a license or renewal with an <a nonrefundable> annual license
26-24 fee, as provided by department rule <of $75>. The department shall
26-25 prescribe the information to be contained in the application. A
26-26 person who fails to submit a renewal fee on or before the
26-27 expiration date of the license must pay, in addition to the renewal
27-1 fee, the late fee provided by Section 12.024 of this code.
27-2 SECTION 2.12. Subsection (d), Section 14.014, Agriculture
27-3 Code, is amended to read as follows:
27-4 (d) The department shall collect from the warehouseman whose
27-5 public grain warehouse is inspected an inspection fee for an annual
27-6 inspection or an inspection requested by the warehouseman, but may
27-7 not collect an inspection fee for other inspections. The
27-8 department by rule shall set the inspection fee <is $4 for each
27-9 10,000 bushels or fraction of 10,000 bushels of licensed storage
27-10 capacity of the warehouse inspected or $100, whichever is greater>.
27-11 SECTION 2.13. Subsection (c), Section 14.107, Agriculture
27-12 Code, is amended to read as follows:
27-13 (c) The department shall collect a filing fee, as provided
27-14 by department rule, <of $1> for the certificate of qualification.
27-15 SECTION 2.14. Subsection (c), Section 14.118, Agriculture
27-16 Code, is amended to read as follows:
27-17 (c) The corporation shall pay to the department a just and
27-18 reasonable fee, as determined by the department, for an examination
27-19 under this section. <The fee may not exceed:>
27-20 <(1) $5 for a corporation with a capital stock of less
27-21 than $2,500;>
27-22 <(2) $10 for a corporation with a capital stock of
27-23 $2,500 or more but not more than $10,000;>
27-24 <(3) $20 for a corporation with a capital stock of
27-25 more than $10,000 but not more than $25,000; and>
27-26 <(4) $200 for a corporation with a capital stock of
27-27 $1,000,000 or more.>
28-1 SECTION 2.15. Subsection (c), Section 16.002, Agriculture
28-2 Code, is amended to read as follows:
28-3 (c) The <Each December, the> person responsible for
28-4 registration shall apply for registration and pay a registration
28-5 fee, as provided by department rule, <of $40> for each brand of
28-6 antifreeze to be sold. Unless canceled, the registration is valid
28-7 for the following <calendar> year.
28-8 SECTION 2.16. Section 17.008, Agriculture Code, is amended
28-9 to read as follows:
28-10 Sec. 17.008. Fees. The department may prescribe and collect
28-11 an initial registration fee and may prescribe and collect an annual
28-12 renewal fee. <Neither fee may exceed $100.>
28-13 SECTION 2.17. Subsection (b), Section 18.003, Agriculture
28-14 Code, is amended to read as follows:
28-15 (b) A person may apply for an organic certification, or a
28-16 renewal of an organic certification, by submitting an application
28-17 and an <a nonrefundable> annual fee prescribed by the department.
28-18 SECTION 2.18. Subsection (b), Section 18.004, Agriculture
28-19 Code, is amended to read as follows:
28-20 (b) A person may apply for a certificate of accreditation,
28-21 or a renewal of a certificate of accreditation, by submitting an
28-22 application and an <a nonrefundable> annual fee prescribed by the
28-23 department.
28-24 SECTION 2.19. Section 18.006, Agriculture Code, is amended
28-25 to read as follows:
28-26 Sec. 18.006. Fees. (a) The department shall <may> charge
28-27 an annual fee, as provided by department rule, <not to exceed
29-1 $2,500> for each applicant certified as a producer, distributor, or
29-2 retailer and a fee, as provided by department rule, <not to exceed
29-3 $5,000> for each applicant certified as a processor of organic food
29-4 or fiber produced in this state.
29-5 (b) The department shall <may> charge an annual fee, as
29-6 provided by department rule, <not to exceed $2,500> for each
29-7 applicant certified as a distributor or retailer and a fee, as
29-8 provided by department rule, <not to exceed $5,000> for each
29-9 applicant certified as a processor of organic food or fiber
29-10 produced outside of this state.
29-11 (c) The department shall <may> charge an annual fee, as
29-12 provided by department rule, <not to exceed $2,500> for a person
29-13 who obtains a certificate of accreditation as an organic certifying
29-14 agent.
29-15 <(d) The department shall set fees under this chapter in
29-16 amounts that enable it to recover the costs of administering this
29-17 chapter.>
29-18 SECTION 2.20. Subsection (c), Section 52.151, Agriculture
29-19 Code, is amended to read as follows:
29-20 (c) Each marketing association shall pay to the department
29-21 an annual license fee, as provided by department rule <of $10>. A
29-22 marketing association is exempt from all other franchise or license
29-23 taxes, except that a marketing association is exempt from the
29-24 franchise tax imposed by Chapter 171, Tax Code, only if exempted by
29-25 that chapter.
29-26 SECTION 2.21. Section 53.006, Agriculture Code, is amended
29-27 to read as follows:
30-1 Sec. 53.006. Certification. The department shall issue to a
30-2 financial pool a certificate of authority to do business under this
30-3 chapter after the department:
30-4 (1) receives the bond required by Section 53.005 of
30-5 this code;
30-6 (2) receives payment of a fee, as provided by
30-7 department rule <of $10>; and
30-8 (3) determines that the bond is genuine.
30-9 SECTION 2.22. Subsection (d), Section 61.011, Agriculture
30-10 Code, is amended to read as follows:
30-11 (d) Quarterly reports filed under Subsection (c)(2) of this
30-12 section are due within 30 days after the last day of November,
30-13 February, May, and August. Unless filed in accordance with prior
30-14 written approval of the department for late filing, a person who
30-15 does not file the report within the allotted time shall pay to the
30-16 department a penalty fee, as provided by department rule <not to
30-17 exceed $25 or 10 percent of the amount of the fee due, whichever is
30-18 greater>.
30-19 SECTION 2.23. Subsection (d), Section 62.005, Agriculture
30-20 Code, is amended to read as follows:
30-21 (d) An application for licensing as a Foundation,
30-22 Registered, or Certified producer of seed or plants must be
30-23 accompanied by a <nonrefundable license> fee <not to exceed $100>,
30-24 as provided by department rule.
30-25 SECTION 2.24. Subsection (a), Section 62.006, Agriculture
30-26 Code, is amended to read as follows:
30-27 (a) A person engaging in the development, maintenance, or
31-1 production of seed or plants for which standards of genetic purity
31-2 and identity have been established by the board may apply to the
31-3 board for registration as a plant breeder. The applicant shall
31-4 apply on forms prescribed by the board and shall include with the
31-5 application a <nonrefundable> registration fee <of not more than
31-6 $100>, as determined by the board. To be registered as a plant
31-7 breeder, a person must satisfy the board that the person is skilled
31-8 in the science of plant breeding. The board may require skill to
31-9 be shown by evidence of accomplishments in the field and may
31-10 require an oral or written examination in the subject.
31-11 SECTION 2.25. Subsection (a), Section 64.006, Agriculture
31-12 Code, is amended to read as follows:
31-13 (a) A purchaser may begin arbitration by filing with the
31-14 commissioner a sworn complaint and a <nonrefundable> filing fee, as
31-15 provided by department rule <of $10>. The purchaser shall send a
31-16 copy of the complaint to the seller by certified mail. Except in
31-17 the case of seed that has not been planted, the complaint must be
31-18 filed within the time necessary to permit effective inspection of
31-19 the plants under field conditions.
31-20 SECTION 2.26. Subsection (c), Section 71.005, Agriculture
31-21 Code, is amended to read as follows:
31-22 (c) The department<, by rule,> may charge a fee, as provided
31-23 by department rule, <not to exceed $25> for an inspection required
31-24 for the movement of plants into or out of a quarantined area.
31-25 SECTION 2.27. Subsection (b), Section 71.043, Agriculture
31-26 Code, is amended to read as follows:
31-27 (b) A florist or nursery owner may apply for registration or
32-1 renewal of registration by submitting an application prescribed by
32-2 the department and an <a nonrefundable> annual fee. The fee shall
32-3 be based on the size and type of a location, as defined by
32-4 department rule, where a florist or nursery owner grows for sale or
32-5 lease or offers for sale or lease a florist item or nursery
32-6 product.
32-7 SECTION 2.28. Subsection (a), Section 71.050, Agriculture
32-8 Code, is amended to read as follows:
32-9 (a) Nursery products <Each nursery product> or florist items
32-10 <item> offered for sale or lease, consigned for shipment, or
32-11 shipped by freight, express, or other means of transportation shall
32-12 be accompanied by a copy of the certificate of inspection issued by
32-13 the department when required by foreign countries or other states
32-14 for agricultural products exported from this state.
32-15 SECTION 2.29. Subsections (c) and (d), Section 71.051,
32-16 Agriculture Code, are amended to read as follows:
32-17 (c) <If the department approves a certificate of another
32-18 state filed under this section, the department shall issue to the
32-19 person filing the certificate a permit allowing the person to ship
32-20 the nursery product or florist item into this state. The permit
32-21 shall be known as a Texas Importation Certificate.>
32-22 <(d)> Each car, box, bale, or package of a nursery product
32-23 or florist item shall bear a tag printed with a copy of the <Texas
32-24 Importation Certificate and the> certificate of inspection from the
32-25 originating state.
32-26 SECTION 2.30. Subsection (a), Section 71.056, Agriculture
32-27 Code, is amended to read as follows:
33-1 (a) The department shall fix by rule and collect a fee for
33-2 inspection of nursery products or florist items when the inspection
33-3 is required by foreign countries or other states for nursery
33-4 products or florist items exported from this state <for the
33-5 issuance of an importation certificate>.
33-6 SECTION 2.31. Subsection (e), Section 71.057, Agriculture
33-7 Code, is amended to read as follows:
33-8 (e) A nursery dealer or nursery agent may apply for
33-9 registration or renewal of registration by submitting an
33-10 application prescribed by the department and an <a nonrefundable>
33-11 annual fee. The fee shall be based on the size and type of a
33-12 location, as defined by department rule, where a nursery dealer or
33-13 nursery agent offers a nursery product for sale or lease.
33-14 SECTION 2.32. Subsections (b) and (c), Section 71.114,
33-15 Agriculture Code, are amended to read as follows:
33-16 (b) The department shall charge an inspection fee <is $5
33-17 plus not less than 25 cents nor more than $1>, as provided <set> by
33-18 rule of the department, for each acre over five acres to be
33-19 inspected.
33-20 (c) In addition to the inspection fee, a person applying for
33-21 certification of sweet potatoes shall pay a fee, as provided by
33-22 department rule, <of not less than one cent nor more than three
33-23 cents> for each certificate tag or stamp issued.
33-24 SECTION 2.33. Section 74.090, Agriculture Code, is amended
33-25 to read as follows:
33-26 Sec. 74.090. Escrow Fee. From each escrow account, the
33-27 department is entitled to deduct an escrow fee, as provided by
34-1 department rule <not to exceed an amount equal to one percent of
34-2 the total deposit>. Fees collected under this section shall be
34-3 used for the purpose of compensating inspectors and defraying other
34-4 necessary costs in the administration of this subchapter.
34-5 SECTION 2.34. Subsection (d), Section 75.004, Agriculture
34-6 Code, is amended to read as follows:
34-7 (d) The department by rule shall set the fee for a dealer's
34-8 license <in an amount not to exceed $100>.
34-9 SECTION 2.35. Subsection (a), Section 76.044, Agriculture
34-10 Code, is amended to read as follows:
34-11 (a) The department shall charge a <A nonrefundable> fee, as
34-12 provided by department rule, <of $100> for each pesticide to be
34-13 registered. The fee must be submitted with an application for
34-14 registration or renewal of registration.
34-15 SECTION 2.36. Subsection (a), Section 76.073, Agriculture
34-16 Code, is amended to read as follows:
34-17 (a) An application for a pesticide dealer license must be
34-18 accompanied by an <a nonrefundable> annual registration fee <of not
34-19 more than $100>, as fixed by the department.
34-20 SECTION 2.37. Subsection (c), Section 76.106, Agriculture
34-21 Code, is amended to read as follows:
34-22 (c) Each regulatory agency may charge a <nonrefundable>
34-23 testing fee, as fixed by the head of the regulatory agency, <of not
34-24 more than $20> for testing in each license use category.
34-25 SECTION 2.38. Subsection (b), Section 76.108, Agriculture
34-26 Code, is amended to read as follows:
34-27 (b) A person shall apply for an original or renewal
35-1 commercial applicator license on forms prescribed by the regulatory
35-2 agency. The application shall include information as required by
35-3 rule of the head of the agency and must be accompanied by an <a
35-4 nonrefundable> annual license fee <of no more than $150>, as fixed
35-5 by the head of the agency.
35-6 SECTION 2.39. Subsection (b), Section 76.109, Agriculture
35-7 Code, is amended to read as follows:
35-8 (b) A person shall apply for an original or renewal
35-9 noncommercial applicator license on forms prescribed by the
35-10 regulatory agency. A nongovernmental applicant shall include with
35-11 the application an <a nonrefundable> annual license fee <of not
35-12 more than $100>, as fixed by the head of the regulatory agency. A
35-13 regulatory agency may not charge a governmental entity applicant a
35-14 license fee.
35-15 SECTION 2.40. Subsection (e), Section 76.112, Agriculture
35-16 Code, is amended to read as follows:
35-17 (e) A person shall apply for an original or renewal private
35-18 applicator license on forms prescribed by the regulatory agency.
35-19 The application shall include information as required by agency
35-20 rule and must be accompanied by a <nonrefundable> fee, as fixed by
35-21 the head of the regulatory agency <of $50>.
35-22 SECTION 2.41. Section 95.034, Agriculture Code, is amended
35-23 to read as follows:
35-24 Sec. 95.034. Inspection Fees. <(a)> The department shall
35-25 collect a fee, as provided by department rule, <in the following
35-26 amount> from each person who applies coloring matter to citrus
35-27 fruit<:>
36-1 <(1) no more than one cent per container for each
36-2 container with a capacity greater than one-half bushel;>
36-3 <(2) no more than one-half cent per container for each
36-4 container with a capacity that is one-half bushel or less; or>
36-5 <(3) no more than one cent per 80-pound lot, or
36-6 portion of 80-pound lot, for each lot that is sold or transported
36-7 in bulk>.
36-8 <(b) The department shall set the fees authorized by this
36-9 section at amounts that are as nearly as possible equal to the cost
36-10 of administering this chapter.>
36-11 SECTION 2.42. Section 94.035, Agriculture Code, is amended
36-12 to read as follows:
36-13 Sec. 94.035. INSPECTION FEES. (a) A person who sells or
36-14 ships citrus fruit after August 31 and before December 16 shall pay
36-15 to the department a <maximum> fee, as provided by department rule
36-16 <of:>
36-17 <(1) 2.5 cents per standard box that is sold,
36-18 transported, or delivered for transportation;>
36-19 <(2) 1.5 cents per one-half standard box, or other
36-20 container that is one-half the size of a standard container, that
36-21 is sold, transported, or delivered for transportation; or>
36-22 <(3) 2.5 cents per 80-pound lot, or portion of an
36-23 80-pound lot, that is sold or transported in bulk>.
36-24 (b) <The commissioner shall set the fees authorized by this
36-25 section at amounts that are as nearly as possible equal to the cost
36-26 of administering this chapter, and will reduce fees as necessary to
36-27 prevent the accumulation of a surplus.>
37-1 <(c)> The fees under this section are due when citrus fruit
37-2 is prepared for market or transportation.
37-3 SECTION 2.43. Section 101.006, Agriculture Code, is amended
37-4 to read as follows:
37-5 Sec. 101.006. License Fee. (a) Except as otherwise
37-6 provided by this section, a person applying for a license shall
37-7 include with the license application a refundable license fee, as
37-8 provided by department rule <of $75>.
37-9 (b) The department shall charge a license fee for a cash
37-10 dealer <is $25>.
37-11 (c) Except as otherwise provided by this section, a person
37-12 who applies for a license as a commission merchant or retailer
37-13 under both this chapter and Chapter 102 of this code is entitled to
37-14 pay a single license fee, as provided by department rule <of $75>.
37-15 The person's license shall reflect that the person is licensed to
37-16 handle both citrus fruit and vegetables.
37-17 (d) A person who applies for a license under Subsection (b)
37-18 of this section and Subsection (b) of Section 102.006 of this code
37-19 is entitled to pay a single license fee, as provided by department
37-20 rule <of $25>. The person's license shall reflect that the person
37-21 is licensed to handle both citrus fruit and vegetables.
37-22 SECTION 2.44. Subsection (c), Section 101.008, Agriculture
37-23 Code, is amended to read as follows:
37-24 (c) To renew a license after the license has expired, the
37-25 applicant must pay a late fee, as provided by Section 12.024 of
37-26 this code <of $25 per day for each day after the expiration date of
37-27 the license. A late fee under this subsection may not exceed
38-1 $500>.
38-2 SECTION 2.45. Subsection (b), Section 101.010, Agriculture
38-3 Code, is amended to read as follows:
38-4 (b) The department shall <may> collect a fee, as provided by
38-5 department rule, <not to exceed $5> for each card and shall issue
38-6 transporting agent cards in a color different from buying agent
38-7 cards.
38-8 SECTION 2.46. Section 102.006, Agriculture Code, is amended
38-9 to read as follows:
38-10 Sec. 102.006. License Fee. (a) Except as otherwise
38-11 provided by this section, a person applying for a license shall
38-12 include with the license application a refundable license fee, as
38-13 provided by department rule <of $75>.
38-14 (b) The department shall charge a license fee for a cash
38-15 dealer <is $25>.
38-16 (c) Except as otherwise provided by this section, a person
38-17 who applies for a license as a commission merchant or retailer
38-18 under both this chapter and Chapter 101 of this code is entitled to
38-19 pay a single license fee, as provided by department rule <of $75>.
38-20 The person's license shall reflect that the person is licensed to
38-21 handle both citrus fruit and vegetables.
38-22 (d) A person who applies for a license under Subsection (b)
38-23 of this section and Subsection (b) of Section 101.006 of this code
38-24 is entitled to pay a single license fee, as provided by department
38-25 rule <of $25>. The person's license shall reflect that the person
38-26 is licensed to handle both citrus fruit and vegetables.
38-27 SECTION 2.47. Subsection (c), Section 102.008, Agriculture
39-1 Code, is amended to read as follows:
39-2 (c) To renew a license after the license has expired, the
39-3 applicant must pay a late fee, as provided by Section 12.024 of
39-4 this code <of $25 per day for each day after the expiration date of
39-5 the license. A late fee under this subsection may not exceed
39-6 $500>.
39-7 SECTION 2.48. Subsection (b), Section 102.010, Agriculture
39-8 Code, is amended to read as follows:
39-9 (b) The department shall <may> collect a fee, as provided by
39-10 department rule, <not to exceed $1> for each card and shall issue
39-11 transporting agent cards in a color different from buying agent
39-12 cards.
39-13 SECTION 2.49. Section 102.162, Agriculture Code, is amended
39-14 to read as follows:
39-15 Sec. 102.162. Fees. Each person applying for a marketing
39-16 agreement or license shall submit to the department a filing fee,
39-17 as provided by department rule, <of $10> and a deposit in an amount
39-18 that the department considers sufficient and necessary to defray
39-19 the expenses of preparing and making effective the marketing
39-20 agreement or license.
39-21 SECTION 2.50. Section 103.005, Agriculture Code, is amended
39-22 to read as follows:
39-23 Sec. 103.005. Initiation of Claim. A person who deals with
39-24 a commission merchant or retailer licensed under Chapter 101 or 102
39-25 of this code in the purchasing, handling, selling, and accounting
39-26 for sales of vegetables or citrus fruit and who is aggrieved by an
39-27 action of the commission merchant or retailer as a result of a
40-1 violation of terms or conditions of a contract made by the
40-2 commission merchant or retailer may initiate a claim against the
40-3 fund by filing with the department:
40-4 (1) a sworn complaint against the commission merchant
40-5 or retailer; and
40-6 (2) a filing fee, as provided by department rule <of
40-7 $15>.
40-8 SECTION 2.51. Subsections (a), (b), and (c), Section
40-9 103.011, Agriculture Code, are amended to read as follows:
40-10 (a) Except as otherwise provided by this section, a
40-11 commission merchant or retailer licensed under Chapter 101 or 102
40-12 of this code shall pay an annual fee to the fund, as provided by
40-13 department rule <of $200>.
40-14 (b) A retailer who is licensed under Chapter 101 or 102 of
40-15 this code and whose annual purchases of vegetables and citrus fruit
40-16 are less than $15,000 a year shall pay an annual fee, as provided
40-17 by department rule <of $50>.
40-18 (c) A person who is required by Subsection (a) of this
40-19 section to pay a fee <of $200> and who is licensed in one of those
40-20 classifications under both Chapters 101 and 102 of this code may
40-21 pay a single fee, as provided by department rule <of $250>. A
40-22 person who is required by Subsection (b) of this section to pay a
40-23 <$50> fee and who is licensed in that classification under both
40-24 Chapters 101 and 102 of this code may pay a single fee, as provided
40-25 by department rule <of $75>.
40-26 SECTION 2.52. Subsection (c), Section 121.004, Agriculture
40-27 Code, is amended to read as follows:
41-1 (c) Each grower, dealer, wholesaler, and processor shall pay
41-2 an annual fee for a certificate of authority based on the actual
41-3 amount of work done by or under the direction of the department in
41-4 administering this chapter. The department shall fix a <the> fee,
41-5 as provided by department rule <in an amount not less than the
41-6 following>, according to the number of rose plants handled, sold,
41-7 or offered for sale during the calendar year.<:>
41-8 <NUMBER OF PLANTS FEE>
41-9 <Less than 100,000 $15>
41-10 <100,000 or more but less than 500,000 $25>
41-11 <500,000 or more but less than 1,000,000 $50>
41-12 <1,000,000 or more $100>
41-13 SECTION 2.53. Subsection (a), Section 132.026, Agriculture
41-14 Code, is amended to read as follows:
41-15 (a) The license fee for each plant operated by a
41-16 dealer-wholesaler is provided <determined> by department rule
41-17 <applying the fee schedule provided by Subsection (c) of this
41-18 section as follows:>
41-19 <(1) for an applicant for an initial dealer-wholesaler
41-20 license, the schedule is applied to an estimate of the average
41-21 weekly volume of the month in which the applicant will handle the
41-22 most eggs through the applicant's first license year;>
41-23 <(2) for an applicant for renewal of a
41-24 dealer-wholesaler's license who has been in business for less than
41-25 one year, the schedule is applied to the average weekly volume of
41-26 the month in which the licensee handled the most eggs through May
41-27 of the first license year; and>
42-1 <(3) for any other applicant for renewal of a
42-2 dealer-wholesaler license, the schedule is applied to the average
42-3 weekly volume of the 12 months preceding the last May 31>.
42-4 SECTION 2.54. Subsection (a), Section 132.027, Agriculture
42-5 Code, is amended to read as follows:
42-6 (a) The license fee for each plant operated by a processor
42-7 is provided <determined> by department rule <applying the fee
42-8 schedule provided by Subsection (c) of this section as follows:>
42-9 <(1) for an applicant for an initial processor's
42-10 license, the fee schedule is applied to an estimate of the average
42-11 weekly volume of the month in which the applicant will handle the
42-12 most eggs through the applicant's first license year;>
42-13 <(2) for an applicant for renewal of a processor's
42-14 license who has been in business for less than one year, the fee
42-15 schedule is applied to the average weekly volume of the month in
42-16 which the licensee handled the most eggs through May of the first
42-17 license year; and>
42-18 <(3) for any other applicant for renewal of a
42-19 processor's license, the fee schedule is applied to the average
42-20 weekly volume of the 12 months preceding the last May 31>.
42-21 SECTION 2.55. Section 132.028, Agriculture Code, is amended
42-22 to read as follows:
42-23 Sec. 132.028. FEE FOR BROKER'S LICENSE. The department
42-24 shall charge a license fee, as provided by department rule, for a
42-25 broker <is $350>.
42-26 SECTION 2.56. Subsections (a) and (b), Section 132.043,
42-27 Agriculture Code, are amended to read as follows:
43-1 (a) A person licensed under this chapter who first
43-2 establishes the grade, size, and classification of eggs offered for
43-3 sale or sold in this state shall collect a fee, as provided by
43-4 department rule <of five cents per case of 30 dozen eggs on the
43-5 first sale of the eggs>.
43-6 (b) A processor licensed under this chapter shall pay an
43-7 inspection fee, as provided by department rule, <of five cents per
43-8 case of 30 dozen eggs> on the processor's first use or change in
43-9 form of the eggs processed.
43-10 SECTION 2.57. Section 134.014, Agriculture Code, is amended
43-11 to read as follows:
43-12 Sec. 134.014. License Fees. The department shall issue an
43-13 aquaculture license or a fish farm vehicle license on the payment
43-14 of a fee, as provided by department rule <in an amount set by the
43-15 commissioner, not to exceed $100>.
43-16 SECTION 2.58. Subsection (b), Section 134.015, Agriculture
43-17 Code, is amended to read as follows:
43-18 (b) A license is valid for two years after the date of
43-19 issuance. The department shall renew a license on submission by
43-20 the licensee of a completed application and a renewal fee, as
43-21 provided by department rule <in an amount set by the commissioner,
43-22 not to exceed $100>, unless the department determines that the
43-23 licensee has violated this chapter or a rule adopted under this
43-24 chapter.
43-25 ARTICLE 3. HEARINGS
43-26 SECTION 3.01. Chapter 12, Agriculture Code, is amended by
43-27 adding Section 12.032 to read as follows:
44-1 Sec. 12.032. COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE
44-2 HEARINGS. (a) The commissioner and the chief administrative law
44-3 judge of the State Office of Administrative Hearings by rule shall
44-4 adopt a memorandum of understanding under which the State Office of
44-5 Administrative Hearings conducts hearings for the department under
44-6 this code. The memorandum of understanding shall require the chief
44-7 administrative law judge, the department, and the commissioner to
44-8 cooperate in connection with the hearings under this code and may
44-9 authorize the State Office of Administrative Hearings to perform
44-10 any administrative act, including giving of notice, that is
44-11 required to be performed by the department or the commissioner
44-12 under this code. The memorandum of understanding shall also
44-13 require that hearings under this section be held at a location
44-14 agreed upon by the State Office of Administrative Hearings and the
44-15 department.
44-16 (b) For a hearing conducted by the State Office of
44-17 Administrative Hearings under this code, the department and the
44-18 commissioner retain the authority to decide whether the
44-19 administrative law judge conducting the hearing for the State
44-20 Office of Administrative Hearings shall:
44-21 (1) enter the final decision in the case after
44-22 completion of the hearing; or
44-23 (2) propose a decision to the department or the
44-24 commissioner for final consideration.
44-25 (c) Any provision of this code that provides that the
44-26 department or the commissioner take an action at a hearing means:
44-27 (1) that the department or the commissioner shall take
45-1 the action after the receipt of a proposal for decision from the
45-2 State Office of Administrative Hearings regarding the hearing
45-3 conducted by that office; or
45-4 (2) if so directed by the department or the
45-5 commissioner, the State Office of Administrative Hearings shall
45-6 enter the final decision in the case after completion of the
45-7 hearing.
45-8 (d) The department shall prescribe rules of procedure for
45-9 any cases not heard by the State Office of Administrative Hearings.
45-10 (e) The department by interagency contract shall reimburse
45-11 the State Office of Administrative Hearings for the costs incurred
45-12 in conducting administrative hearings for the department. The
45-13 department may pay an hourly fee for the costs of conducting these
45-14 hearings or a fixed annual fee negotiated biennially by the
45-15 department and the State Office of Administrative Hearings to
45-16 coincide with the department's legislative appropriations request.
45-17 (f) This section does not apply to hearings held under
45-18 Chapter 103.
45-19 SECTION 3.02. Section 12.020, Agriculture Code, is amended
45-20 to read as follows:
45-21 Sec. 12.020. Administrative Penalties. (a) If a person
45-22 violates a provision of this code described by Subsection (c) of
45-23 this section or a rule or order adopted by the department under a
45-24 provision of this code described by Subsection (c) of this section,
45-25 the department may assess an administrative penalty against the
45-26 person as provided by this section.
45-27 (b) The penalty for each violation may be in an amount not
46-1 to exceed the maximum provided by Subsection (c) of this section.
46-2 Each day a violation continues or occurs may be considered a
46-3 separate violation for purposes of penalty assessments.
46-4 (c) The provisions of this code subject to this section and
46-5 the applicable penalty amounts are as follows:
46-6 Provision Maximum Penalty
46-7 Chapters 13, 14, 18, 61, 94, 95,
46-8 101, 102, 103, 121, 125, <and> 132, and 134 $ 500
46-9 Subchapter B, Chapter 71
46-10 Chapters 75 and 76 $2,000
46-11 Subchapters A and C, Chapter 71
46-12 Chapters 72, 73, and 74 $5,000.
46-13 (d) In determining the amount of the penalty, the department
46-14 shall consider:
46-15 (1) the seriousness of the violation, including but
46-16 not limited to the nature, circumstances, extent, and gravity of
46-17 the prohibited acts, and the hazard or potential hazard created to
46-18 the health or safety of the public;
46-19 (2) the <economic> damage to property or the
46-20 environment caused by the violation;
46-21 (3) the history of previous violations;
46-22 (4) the amount necessary to deter future violations;
46-23 (5) efforts to correct the violation; and
46-24 (6) any other matter that justice may require.
46-25 (e) If, after investigation of a possible violation and the
46-26 facts surrounding that possible violation, the department
46-27 determines that a violation has occurred, the department may issue
47-1 a violation report stating the facts on which the conclusion that a
47-2 violation occurred is based, recommending that an administrative
47-3 penalty under this section be imposed on the person charged, and
47-4 recommending the amount of that proposed penalty. The department
47-5 shall base the recommended amount of the proposed penalty on the
47-6 seriousness of the violation determined by consideration of the
47-7 factors set forth in Subsection (d) of this section.
47-8 (f) Not later than the 14th day after the date on which the
47-9 report is issued, the department shall give written notice of the
47-10 report to the person charged. The notice shall include a brief
47-11 summary of the charges, a statement of the amount of the penalty
47-12 recommended, and a statement of the right of the person charged to
47-13 a hearing on the occurrence of the violation or the amount of the
47-14 penalty, or both the occurrence of the violation and the amount of
47-15 the penalty.
47-16 (g) Not later than the 20th day after the date on which
47-17 notice is received, the person charged may accept the determination
47-18 of the department made under Subsection (e) of this section,
47-19 including the recommended penalty, or make a written request for a
47-20 hearing on the determination.
47-21 (h) If the person charged with the violation accepts the
47-22 determination of the department, the commissioner shall issue an
47-23 order approving the determination and ordering the payment of the
47-24 recommended penalty.
47-25 (i) If the person charged requests a hearing or fails to
47-26 timely respond to the notice, the department shall set a hearing
47-27 and give notice of the hearing. The hearing shall be conducted
48-1 under Section 12.032 <held by a hearing examiner designated by the
48-2 department>. The administrative law judge <hearing examiner> shall
48-3 make findings of fact and conclusions of law and promptly issue to
48-4 the commissioner a proposal for decision as to the occurrence of
48-5 the violation, including a recommendation as to the amount of the
48-6 proposed penalty if a penalty is warranted. Based on the findings
48-7 of fact, conclusions of law, and recommendations of the judge
48-8 <hearing examiner>, the commissioner by order may find a violation
48-9 has occurred and may assess a penalty or may find that no violation
48-10 has occurred. <All proceedings under this subsection are subject
48-11 to the Administrative Procedure and Texas Register Act (Article
48-12 6252-13a, Vernon's Texas Civil Statutes).>
48-13 (j) The department shall give notice of the commissioner's
48-14 order to the person charged. The notice shall include:
48-15 (1) the findings of fact and conclusions of law
48-16 separately stated;
48-17 (2) the amount of the penalty ordered, if any;
48-18 (3) a statement of the right of the person charged to
48-19 judicial review of the commissioner's order, if any; and
48-20 (4) other information required by law.
48-21 (k) Within the 30-day period immediately following the day
48-22 on which the order becomes final under Section 2001.144, Government
48-23 Code <as provided by Subsection (c), Section 16, Administrative
48-24 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
48-25 Civil Statutes)>, the person charged with the penalty shall:
48-26 (1) pay the penalty in full; <or>
48-27 (2) pay the amount of the penalty and file a petition
49-1 for judicial review contesting the occurrence of the violation, the
49-2 amount of the penalty, or both the occurrence of the violation and
49-3 the amount of the penalty; or
49-4 (3) without paying the amount of the penalty, file a
49-5 petition for judicial review contesting the occurrence of the
49-6 violation, the amount of the penalty, or both the occurrence of the
49-7 violation and the amount of the penalty <if the person files a
49-8 petition for judicial review contesting either the amount of the
49-9 penalty or the fact of the violation or contesting both the fact of
49-10 the violation and the amount of the penalty:>
49-11 <(A) forward the amount to the department for
49-12 placement in an escrow account; or>
49-13 <(B) in lieu of payment into escrow, post with
49-14 the department a supersedeas bond in a form approved by the
49-15 department for the amount of the penalty, the bond to be effective
49-16 until all judicial review of the order or decision is final>.
49-17 (l) Within the 30-day period, a person who acts under
49-18 Subsection (k)(3) of this section may:
49-19 (1) stay enforcement of the penalty by:
49-20 (A) paying the amount of the penalty to the
49-21 court for placement in an escrow account; or
49-22 (B) giving to the court a supersedeas bond that
49-23 is approved by the court for the amount of the penalty and that is
49-24 effective until all judicial review of the commissioner's order is
49-25 final; or
49-26 (2) request the court to stay enforcement of the
49-27 penalty by:
50-1 (A) filing with the court a sworn affidavit of
50-2 the person stating that the person is financially unable to pay the
50-3 amount of the penalty and is financially unable to give the
50-4 supersedeas bond; and
50-5 (B) giving a copy of the affidavit to the
50-6 department by certified mail <If a person charged is financially
50-7 unable to either forward the amount of the penalty for placement in
50-8 an escrow account or post a supersedeas bond for the amount of the
50-9 penalty, the person may satisfy the requirements of Subsection
50-10 (k)(2) of this section by filing with the department an affidavit
50-11 sworn by the person charged, stating that the person is financially
50-12 unable to either forward the amount of the penalty or post a bond>.
50-13 (m) The department on receipt of a copy of an affidavit
50-14 under Subsection (l)(2) of this section may file with the court,
50-15 within five days after the date the copy is received, a contest to
50-16 the affidavit. The court shall hold a hearing on the facts alleged
50-17 in the affidavit as soon as practicable and shall stay the
50-18 enforcement of the penalty on finding that the alleged facts are
50-19 true. The person who files an affidavit has the burden of proving
50-20 that the person is financially unable to pay the amount of the
50-21 penalty and to give a supersedeas bond.
50-22 (n) If the person does not pay the amount of the penalty and
50-23 the enforcement of the penalty is not stayed, the department may
50-24 refer the matter to the attorney general for collection of the
50-25 amount of the penalty.
50-26 (o) Judicial review of the order of the commissioner:
50-27 (1) is instituted by filing a petition as provided by
51-1 Subchapter G, Chapter 2001, Government Code; and
51-2 (2) is under the substantial evidence rule.
51-3 (p) If the court sustains the occurrence of the violation,
51-4 the court may uphold or reduce the amount of the penalty and order
51-5 the person to pay the full or reduced amount of the penalty. If
51-6 the court does not sustain the occurrence of the violation, the
51-7 court shall order that no penalty is owed.
51-8 (q) When the judgment of the court becomes final, the court
51-9 shall proceed under this subsection. If the person paid the amount
51-10 of the penalty and if that amount is reduced or is not upheld by
51-11 the court, the court shall order that the appropriate amount plus
51-12 accrued interest be remitted to the person. The rate of the
51-13 interest is the rate charged on loans to depository institutions by
51-14 the New York Federal Reserve Bank, and the interest shall be paid
51-15 for the period beginning on the date the penalty was paid and
51-16 ending on the date the penalty is remitted. If the person gave a
51-17 supersedeas bond and if the amount of the penalty is not upheld by
51-18 the court, the court shall order the release of the bond. If the
51-19 person gave a supersedeas bond and if the amount of the penalty is
51-20 reduced, the court shall order the release of the bond after the
51-21 person pays the amount. <Failure to forward the money to or to
51-22 post the bond or file the affidavit with the department within the
51-23 time provided by Subsection (k) of this section results in a waiver
51-24 of all legal rights to judicial review. Also, if the person
51-25 charged fails to pay the penalty in full as provided under
51-26 Subsection (k)(1) of this section or forward the money, post the
51-27 bond, or file the affidavit as provided by Subsection (k) or (l) of
52-1 this section, the department may forward the matter to the attorney
52-2 general for enforcement.>
52-3 <(n) Judicial review of the order or decision of the
52-4 department assessing the penalty shall be under the substantial
52-5 evidence rule and shall be instituted by filing a petition with a
52-6 district court in Travis County, as provided by Section 19,
52-7 Administrative Procedure and Texas Register Act (Article 6252-13a,
52-8 Vernon's Texas Civil Statutes).>
52-9 <(o) If the penalty is reduced or not assessed by the court,
52-10 the department shall remit to the person charged the appropriate
52-11 amount plus accrued interest if the penalty has been paid or shall
52-12 execute a release of the bond if a supersedeas bond has been
52-13 posted. The accrued interest on amounts remitted by the department
52-14 under this subsection shall be paid at a rate equal to the rate
52-15 charged on loans to depository institutions by the New York Federal
52-16 Reserve Bank and shall be paid for the period beginning on the date
52-17 the penalty is paid to the department under Subsection (k) of this
52-18 section and ending on the date the penalty is remitted.>
52-19 (r) <(p)> A penalty collected under this section shall be
52-20 deposited in the state treasury to the credit of the General
52-21 Revenue Fund.
52-22 (s) All proceedings under this section are subject to
52-23 Chapter 2001, Government Code, except as provided in Subsections
52-24 (t) and (u).
52-25 (t) Notwithstanding Section 2001.058, Government Code, the
52-26 commissioner may change a finding of fact or conclusion of law made
52-27 by the administrative law judge if the commissioner:
53-1 (1) determines that the administrative law judge:
53-2 (A) did not properly apply or interpret
53-3 applicable law, department rules or policies, or prior
53-4 administrative decisions; or
53-5 (B) issued a finding of fact that is not
53-6 supported by a preponderence of the evidence; or
53-7 (2) determines that a department policy or a prior
53-8 administrative decision on which the administrative law judge
53-9 relied is incorrect or should be changed.
53-10 (u) The commissioner shall state in writing the specific
53-11 reason and legal basis for a determination under Subsection (t).
53-12 SECTION 3.03. Subsection (c), Section 13.2555, Agriculture
53-13 Code, is amended to read as follows:
53-14 (c) If the department proposes to revoke, modify, or suspend
53-15 a person's certificate, the person is entitled to a hearing
53-16 conducted under Section 12.032 <before a hearings officer
53-17 designated by the department>. The decision of the department is
53-18 appealable in the same manner as provided for contested cases under
53-19 Chapter 2001, Government Code <the Administrative Procedure and
53-20 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
53-21 Statutes)>.
53-22 SECTION 3.04. Subsection (d), Section 13.306, Agriculture
53-23 Code, is amended to read as follows:
53-24 (d) If the department proposed to deny a person's
53-25 application for a license for inspecting or testing of liquefied
53-26 gas meters or to revoke, modify, or suspend a person's license, the
53-27 person is entitled to a hearing conducted under Section 12.032
54-1 <before a hearings officer designated by the department>. The
54-2 decision of the department is appealable in the same manner as
54-3 provided for contested cases under Chapter 2001, Government Code
54-4 <the Administrative Procedure and Texas Register Act (Article
54-5 6252-13a, Vernon's Texas Civil Statutes)>.
54-6 SECTION 3.05. Subsection (d), Section 13.356, Agriculture
54-7 Code, is amended to read as follows:
54-8 (d) If the department proposes to deny a person's
54-9 application for a license for inspecting or testing of ranch scales
54-10 or to revoke, modify, or suspend a person's license, the person is
54-11 entitled to a hearing conducted under Section 12.032 <before a
54-12 hearings officer designated by the department>. The decision of
54-13 the department is appealable in the same manner as provided for
54-14 contested cases under Chapter 2001, Government Code <the
54-15 Administrative Procedure and Texas Register Act (Article 6252-13a,
54-16 Vernon's Texas Civil Statutes)>.
54-17 SECTION 3.06. Subsection (b), Section 14.003, Agriculture
54-18 Code, is amended to read as follows:
54-19 (b) In any hearing conducted <held by the department> under
54-20 this subchapter, the State Office of Administrative Hearings
54-21 <department> may:
54-22 (1) examine under oath any person and examine books
54-23 and records of any licensee;
54-24 (2) hear testimony and gather evidence for the
54-25 discharge of duties under this subchapter;
54-26 (3) administer oaths; and
54-27 (4) issue subpoenas, effective in any part of this
55-1 state, and require attendance of witnesses and the production of
55-2 books.
55-3 SECTION 3.07. Subsection (e), Section 14.015, Agriculture
55-4 Code, is amended to read as follows:
55-5 (e) Except as provided by Subsection (c) of this section, if
55-6 the department proposes to deny, revoke, modify, or suspend a
55-7 person's application or license, the person is entitled to a
55-8 hearing conducted under Section 12.032 <before a hearings officer
55-9 designated by the department>. The decision of the department is
55-10 appealable in the same manner as provided for contested cases under
55-11 Chapter 2001, Government Code <the Administrative Procedure and
55-12 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
55-13 Statutes)>.
55-14 SECTION 3.08. Subsection (c), Section 61.0135, Agriculture
55-15 Code, is amended to read as follows:
55-16 (c) If the department proposes to revoke, modify, or suspend
55-17 a person's license, the person is entitled to a hearing conducted
55-18 under Section 12.032 <before a hearings officer designated by the
55-19 department>. The decision of the department is appealable in the
55-20 same manner as provided for contested cases under Chapter 2001,
55-21 Government Code <the Administrative Procedure and Texas Register
55-22 Act (Article 6252-13a, Vernon's Texas Civil Statutes)>.
55-23 SECTION 3.09. Subsection (d), Section 62.010, Agriculture
55-24 Code, is amended to read as follows:
55-25 (d) If the department proposes to revoke, modify, or suspend
55-26 a person's registration or license, the person is entitled to a
55-27 hearing conducted under Section 12.032 <before a hearings officer
56-1 designated by the department>. The board shall prescribe
56-2 procedures by which all decisions of the department to revoke,
56-3 modify, or suspend a registration or license issued under this
56-4 chapter are appealable to the board.
56-5 SECTION 3.10. Subsection (c), Section 75.0055, Agriculture
56-6 Code, is amended to read as follows:
56-7 (c) If the department proposes to deny a person's
56-8 application for a license or revoke, modify, or suspend a person's
56-9 license, the person is entitled to a hearing conducted under
56-10 Section 12.032 <before a hearings officer designated by the
56-11 department>. The decision of the department is appealable in the
56-12 same manner as provided for contested cases under Chapter 2001,
56-13 Government Code <the Administrative Procedure and Texas Register
56-14 Act (Article 6252-13a, Vernon's Texas Civil Statutes)>.
56-15 SECTION 3.11. Subsection (f), Section 75.021, Agriculture
56-16 Code, is amended to read as follows:
56-17 (f) Before the 21st day after the day on which an order is
56-18 entered, an interested person may appeal an order of a
56-19 commissioners court issued under this section to district court to
56-20 test the reasonableness of the commissioners court's fact-finding.
56-21 On appeal, the district court shall follow the rules governing
56-22 judicial review of contested cases under Subchapter G, Chapter
56-23 2001, Government Code <Section 19, Administrative Procedure and
56-24 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
56-25 Statutes)>, and shall apply the substantial evidence rule. Appeals
56-26 may be taken from the district court as in other civil cases.
56-27 SECTION 3.12. Subsection (c), Section 75.022, Agriculture
57-1 Code, is amended to read as follows:
57-2 (c) Section 12.020 <76.1555> of this code, which provides
57-3 for the assessment of administrative penalties, applies to a person
57-4 who violates this chapter or a rule or order adopted by the
57-5 department under this chapter.
57-6 SECTION 3.13. Subsection (a), Section 76.047, Agriculture
57-7 Code, is amended to read as follows:
57-8 (a) If the department has reason to believe that any use of
57-9 a registered pesticide is in violation of a provision of this
57-10 chapter or is dangerous or harmful, the department shall determine
57-11 whether <may conduct> a hearing shall be held under Section 12.032
57-12 on denial or cancellation of registration.
57-13 SECTION 3.14. Subsection (d), Section 76.076, Agriculture
57-14 Code, is amended to read as follows:
57-15 (d) If the department proposes to deny a person's
57-16 application for a pesticide dealer license or to revoke, modify, or
57-17 suspend a person's license, the person is entitled to a hearing
57-18 conducted under Section 12.032 <before a hearings officer
57-19 designated by the department>. The decision of the department is
57-20 appealable in the same manner as provided for contested cases under
57-21 Chapter 2001, Government Code <the Administrative Procedure and
57-22 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
57-23 Statutes)>.
57-24 SECTION 3.15. Section 76.116, Agriculture Code, is amended
57-25 by amending Subsection (d) and by adding Subsection (e) to read as
57-26 follows:
57-27 (d) Except for a temporary suspension under Subsection (b)
58-1 of this section, if the regulatory agency, except for the
58-2 department, proposes to suspend, modify, or revoke a person's
58-3 license or certificate, the person is entitled to a hearing before
58-4 a hearings officer designated by the agency. The agency shall
58-5 prescribe procedures by which all decisions to suspend, modify, or
58-6 revoke are appealable to the governing officer or board of the
58-7 agency.
58-8 (e) Except for a temporary suspension under Subsection (b)
58-9 of this section, if the department proposes to suspend, modify, or
58-10 revoke a person's license or certificate, the person is entitled to
58-11 a hearing conducted as provided under Section 12.032. The decision
58-12 of the department is appealable in the same manner as provided for
58-13 contested cases under Chapter 2001, Government Code.
58-14 SECTION 3.16. Section 76.1555, Agriculture Code, is amended
58-15 to read as follows:
58-16 Sec. 76.1555. Administrative Penalty. (a) If a person
58-17 violates a provision of Chapter 75 or 76 of this code administered
58-18 by the department or a rule or order adopted by the department
58-19 under either of those chapters, the department may assess an
58-20 administrative penalty against the person as provided by Section
58-21 12.020, except <this section.>
58-22 <(b) The penalty may be in an amount not to exceed $2,000
58-23 for each violation, provided> that the penalty shall not exceed
58-24 $4,000 for all violations related to a single incident.
58-25 (b) The department shall establish a schedule stating the
58-26 types of violations possible under Chapters 75 and 76 of this code
58-27 <and the maximum fine applicable to each type of violation>. The
59-1 department is not required to comply with Subchapter B, Chapter
59-2 2001, Government Code <Section 5, Administrative Procedure and
59-3 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
59-4 Statutes)>, when establishing or revising the schedule. The
59-5 department shall publish the initial schedule and any subsequent
59-6 revision in the Texas Register before the schedule or revision is
59-7 implemented.
59-8 (c) <In determining the amount of the penalty, the
59-9 department shall consider:>
59-10 <(1) the seriousness of the violation, including but
59-11 not limited to the nature, circumstances, extent, and gravity of
59-12 the prohibited acts, and the hazard or potential hazard created to
59-13 the health or safety of the public;>
59-14 <(2) the economic damage to property or the
59-15 environment caused by the violation;>
59-16 <(3) the history of previous violations;>
59-17 <(4) the amount necessary to deter future violations;>
59-18 <(5) efforts to correct the violation; and>
59-19 <(6) any other matter that justice may require.>
59-20 <(d) If, after investigation of a possible violation and the
59-21 facts surrounding that possible violation, the department
59-22 determines that a violation has occurred, the department may issue
59-23 a violation report stating the facts on which the conclusion that a
59-24 violation occurred is based and may recommend that an
59-25 administrative penalty under this section be imposed on the person
59-26 charged and recommending the amount of that proposed penalty. The
59-27 department shall base the recommended amount of the proposed
60-1 penalty on the seriousness of the violation determined by
60-2 consideration of the factors set forth in Subsection (c) of this
60-3 section.>
60-4 <(e) Not later than the 14th day after the date on which the
60-5 report is issued, the department shall give written notice of the
60-6 report to the person charged. The notice shall include a brief
60-7 summary of the charges, a statement of the amount of the penalty,
60-8 if any is recommended, and a statement of the right of the person
60-9 charged to a hearing on the occurrence of the violation or the
60-10 amount of the penalty, or both the occurrence of the violation and
60-11 the amount of the penalty.>
60-12 <(f) Not later than the 20th day after the date on which
60-13 notice is received, the person charged either may accept the
60-14 determination of the department made under Subsection (d) of this
60-15 section, including the recommended penalty, or make a written
60-16 request for a hearing on the determination.>
60-17 <(g) If the person charged with the violation accepts the
60-18 determination of the department, the commissioner shall issue an
60-19 order approving the determination and ordering the payment of the
60-20 recommended penalty.>
60-21 <(h) If the person charged requests a hearing or fails to
60-22 timely respond to the notice, the department shall set a hearing
60-23 and give notice of the hearing. The hearing shall be held by a
60-24 hearing examiner designated by the department. The hearing
60-25 examiner shall make findings of fact and conclusions of law and
60-26 promptly issue to the commissioner a proposal for decision as to
60-27 the occurrence of the violation, including a recommendation as to
61-1 the amount of the proposed penalty if a penalty is warranted.
61-2 Based on the findings of fact, conclusions of law, and
61-3 recommendations of the hearing examiner, the commissioner by order
61-4 may find a violation has occurred and may assess a penalty or may
61-5 find that no violation has occurred. All proceedings under this
61-6 subsection are subject to the Administrative Procedure and Texas
61-7 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).>
61-8 <(i) The department shall give notice of the commissioner's
61-9 order to the person charged. The notice shall include:>
61-10 <(1) the findings of fact and conclusions of law
61-11 separately stated;>
61-12 <(2) the amount of the penalty ordered, if any;>
61-13 <(3) a statement of the right of the person charged to
61-14 judicial review of the commissioner's order, if any; and>
61-15 <(4) other information required by law.>
61-16 <(j) Within the 30-day period immediately following the day
61-17 on which the order becomes final as provided by Section 16(c),
61-18 Administrative Procedure and Texas Register Act (Article 6252-13a,
61-19 Vernon's Texas Civil Statutes), the person charged with the penalty
61-20 shall:>
61-21 <(1) pay the penalty in full; or>
61-22 <(2) if the person files a petition for judicial
61-23 review contesting either the amount of the penalty or the fact of
61-24 the violation or contesting both the fact of the violation and the
61-25 amount of the penalty, post a supersedeas bond in a form approved
61-26 by the department for the amount of the penalty or $1,000,
61-27 whichever is less, the bond to be effective until all judicial
62-1 review of the order or decision is final.>
62-2 <(k) A bond under Subsection (j)(2) of this section must be
62-3 posted with the district clerk. The bond must be filed at the same
62-4 time the petition for judicial review is filed.>
62-5 <(l) If a person charged is financially unable to post a
62-6 supersedeas bond, the person may satisfy the requirements of
62-7 Subsection (j)(2) of this section by filing with the district clerk
62-8 an affidavit sworn by the person charged stating that the person is
62-9 financially unable to post a bond.>
62-10 <(m) Failure to post the bond or file the affidavit within
62-11 the time provided by Subsection (j) of this section results in a
62-12 waiver of all legal rights to judicial review. Also, if the person
62-13 charged fails to pay the penalty in full as provided under
62-14 Subsection (j)(1) of this section or post the bond or file the
62-15 affidavit as provided by Subsection (j) or (l) of this section, the
62-16 department may forward the matter to the attorney general for
62-17 enforcement.>
62-18 <(n) Judicial review of the order or decision of the
62-19 department assessing the penalty shall be under the substantial
62-20 evidence rule and shall be instituted by filing a petition with a
62-21 district court in Travis County, as provided by Section 19,
62-22 Administrative Procedure and Texas Register Act (Article 6252-13a,
62-23 Vernon's Texas Civil Statutes).>
62-24 <(o) On final judgment of the court and payment of any
62-25 penalties and costs assessed by the court, the department shall
62-26 execute a release of any supersedeas bond posted under this
62-27 section.>
63-1 <(p) A penalty collected under this section shall be
63-2 deposited in the state treasury to the credit of the General
63-3 Revenue Fund.>
63-4 <(q)> If the department elects to assess an administrative
63-5 penalty, no action for a civil penalty may be based on the same
63-6 violation or violations.
63-7 SECTION 3.17. Subsection (a), Section 76.181, Agriculture
63-8 Code, is amended to read as follows:
63-9 (a) A person whose application for registration of a
63-10 pesticide has been denied or whose registration for a pesticide has
63-11 been canceled may appeal the action in the manner provided for
63-12 appeal of contested cases under Chapter 2001, Government Code <the
63-13 Administrative Procedure and Texas Register Act (Article 6252-13a,
63-14 Vernon's Texas Civil Statutes)>.
63-15 SECTION 3.18. Subsection (a), Section 76.182, Agriculture
63-16 Code, is amended to read as follows:
63-17 (a) A person whose application for an experimental use
63-18 permit, pesticide dealer license, commercial applicator license,
63-19 noncommercial applicator license, or private applicator license has
63-20 been denied or whose experimental use permit, pesticide dealer
63-21 license, commercial applicator license, noncommercial applicator
63-22 license, private applicator license, or private applicator
63-23 certificate has been suspended for more than 10 days, revoked, or
63-24 modified may appeal the action in the manner provided for appeal of
63-25 contested cases under Chapter 2001, Government Code <the
63-26 Administrative Procedure and Texas Register Act (Article 6252-13a,
63-27 Vernon's Texas Civil Statutes)>.
64-1 SECTION 3.19. Section 96.005, Agriculture Code, is amended
64-2 to read as follows:
64-3 Sec. 96.005. Revocation of License. Following a hearing
64-4 conducted under Section 12.032, the department shall revoke the
64-5 license of a licensed grain sampler who:
64-6 (1) fails to comply with the standards for sampling
64-7 prescribed by the department; or
64-8 (2) fails to keep the bond in force in the amount
64-9 required by the department.
64-10 SECTION 3.20. Subsection (d), Section 101.007, Agriculture
64-11 Code, is amended to read as follows:
64-12 (d) Before refusing an application for a license under this
64-13 section, <the department shall conduct> a hearing shall be
64-14 conducted under Section 12.032 on the license application, and the
64-15 applicant may appeal the decision <of the department,> in the
64-16 manner provided for contested cases under Chapter 2001, Government
64-17 Code <the Administrative Procedure and Texas Register Act (Article
64-18 6252-13a, Vernon's Texas Civil Statutes)>.
64-19 SECTION 3.21. Subsection (c), Section 101.012, Agriculture
64-20 Code, is amended to read as follows:
64-21 (c) If the department proposes to revoke, modify, or suspend
64-22 a person's license or identification card, the person is entitled
64-23 to a hearing conducted under Section 12.032 <before a hearings
64-24 officer designated by the department>. The decision <of the
64-25 department> is appealable in the same manner as provided for
64-26 contested cases under Chapter 2001, Government Code <the
64-27 Administrative Procedure and Texas Register Act (Article 6252-13a,
65-1 Vernon's Texas Civil Statutes)>.
65-2 SECTION 3.22. Subsection (d), Section 102.007, Agriculture
65-3 Code, is amended to read as follows:
65-4 (d) Before refusing an application for a license under this
65-5 section, <the department shall conduct> a hearing shall be
65-6 conducted under Section 12.032 on the license application, and the
65-7 applicant may appeal the decision <of the department,> in the
65-8 manner provided for contested cases under Chapter 2001, Government
65-9 Code <the Administrative Procedure and Texas Register Act (Article
65-10 6252-13a, Vernon's Texas Civil Statutes)>.
65-11 SECTION 3.23. Subsection (c), Section 102.012, Agriculture
65-12 Code, is amended to read as follows:
65-13 (c) If the department proposes to revoke, modify, or suspend
65-14 a person's license or identification card, the person is entitled
65-15 to a hearing conducted under Section 12.032 <before a hearings
65-16 officer designated by the department>. The decision <of the
65-17 department> is appealable in the same manner as provided for
65-18 contested cases under Chapter 2001, Government Code <the
65-19 Administrative Procedure and Texas Register Act (Article 6252-13a,
65-20 Vernon's Texas Civil Statutes)>.
65-21 SECTION 3.24. Subsection (b), Section 103.006, Agriculture
65-22 Code, is amended to read as follows:
65-23 (b) A quorum of the board must be present in order to
65-24 conduct a hearing. The board shall conduct the hearing and a party
65-25 not satisfied with the decision of the board may appeal in the
65-26 manner provided for contested cases under Chapter 2001, Government
65-27 Code <the Administrative Procedure and Texas Register Act (Article
66-1 6252-13a, Vernon's Texas Civil Statutes)>.
66-2 SECTION 3.25. Subsection (f), Section 125.005, Agriculture
66-3 Code, is amended to read as follows:
66-4 (f) If it is determined <After January 1, 1989, if the
66-5 department determines> after a hearing conducted under Section
66-6 12.032 that an employer has repeatedly failed to maintain the forms
66-7 and attachments as required, the department may require the
66-8 employer to file the documents with the department. In addition,
66-9 the person may be subject to any applicable penalties provided by
66-10 this chapter.
66-11 SECTION 3.26. Subsections (c), (d), and (h), Section
66-12 125.016, Agriculture Code, are amended to read as follows:
66-13 (c) The department shall complete an investigation of a
66-14 complaint not later than 90 days after the date on which the
66-15 complaint is filed. A <The department shall conduct a> hearing
66-16 shall be conducted under Section 12.032 and <issue> an enforcement
66-17 order issued, if appropriate, not later than 90 days after the date
66-18 on which the investigation is completed. If it is necessary to
66-19 commence an action relating to an alleged violation, the action
66-20 must be commenced not later than 60 days after the date on which
66-21 the investigation is completed.
66-22 (d) After providing at least 14 days' written notice and an
66-23 opportunity for a public hearing, the department may issue an
66-24 enforcement order requiring any employer or chemical manufacturer
66-25 covered by this chapter to comply with this chapter or rules
66-26 adopted under this chapter. <In addition, if the employer or
66-27 chemical manufacturer fails to comply with this chapter or rules
67-1 adopted under this chapter within 14 days after receiving the
67-2 written notice under this subsection, or fails at any time to
67-3 comply with an enforcement order issued under this chapter, the
67-4 department may require the employer or chemical manufacturer to pay
67-5 an administrative penalty of not more than $500 for each act that
67-6 is a violation of this chapter or a rule adopted or enforcement
67-7 order issued under this chapter.> A public hearing held under this
67-8 subsection is a contested case under Chapter 2001, Government Code
67-9 <the Administrative Procedure and Texas Register Act (Article
67-10 6252-13a, Vernon's Texas Civil Statutes)>, and may be appealed
67-11 under that chapter <Act>. In the case of a medical emergency, the
67-12 department may issue an enforcement order immediately and shall
67-13 provide the opportunity for a hearing on the order within 10 days
67-14 after the date on which the order is issued.
67-15 (h) The department may request the attorney general to
67-16 represent the department in any legal proceeding authorized under
67-17 this chapter. An action for civil or criminal penalties or
67-18 injunctive relief shall be brought in the county in which the
67-19 alleged violation occurred or is occurring.
67-20 SECTION 3.27. Subsection (c), Section 132.072, Agriculture
67-21 Code, is amended to read as follows:
67-22 (c) If the department proposes to revoke, modify, or suspend
67-23 a person's license, the person is entitled to a hearing conducted
67-24 under Section 12.032 <before a hearings officer designated by the
67-25 department>. The decision of the department is appealable in the
67-26 same manner as provided for contested cases under Chapter 2001,
67-27 Government Code <the Administrative Procedure and Texas Register
68-1 Act (Article 6252-13a, Vernon's Texas Civil Statutes)>.
68-2 SECTION 3.28. Subsection (c), Section 252.028, Agriculture
68-3 Code, is amended to read as follows:
68-4 (c) If the borrower has not made arrangements to meet the
68-5 obligation by the end of the 180th day following the initial
68-6 default, the lender shall file a claim with the commissioner
68-7 identifying the loan and the nature of the default. A <The
68-8 commissioner shall then conduct a> hearing shall be conducted on
68-9 the alleged default as a contested case under Chapter 2001,
68-10 Government Code <the Administrative Procedure and Texas Register
68-11 Act, as amended (Article 6252-13a, Vernon's Texas Civil Statutes)>.
68-12 Appeal of the commissioner's decision to the district court is
68-13 under the substantial evidence rule. The commissioner may waive
68-14 default in the event of extenuating circumstances, including the
68-15 borrower's physical disability. If the commissioner finds that the
68-16 borrower is in default and the commissioner does not waive default,
68-17 the lender shall assign to the state all of the lender's security
68-18 and interest in the loan in exchange for payment of 90 percent of
68-19 all sums due and payable under the first real estate mortgage or
68-20 deed of trust or, if the borrower made a down payment of 10 percent
68-21 or more of the purchase price, all of the sums due and payable
68-22 under the first real estate mortgage or deed of trust. If the loan
68-23 is seller-sponsored, the seller may elect to pay the commissioner
68-24 all sums owed the commissioner by the applicant and retain title to
68-25 the property in lieu of payment by the commissioner under the terms
68-26 of the loan guarantee. If the commissioner determines that the
68-27 lender has met his or her obligations regarding the loan guarantee,
69-1 the commissioner shall authorize payment to the lender and shall
69-2 notify the defaulting party. Payment to the lender must be made
69-3 from amounts on deposit in the farm and ranch loan security fund.
69-4 The state shall then become holder of the mortgage or deed of
69-5 trust.
69-6 SECTION 3.29. Section 2003.021, Government Code, is amended
69-7 by adding Subsection (d) to read as follows:
69-8 (d) The office shall conduct hearings under the Agriculture
69-9 Code as provided under Section 12.032, Agriculture Code. In
69-10 conducting hearings under the Agriculture Code, the office shall
69-11 consider the applicable substantive rules and policies of the
69-12 Department of Agriculture.
69-13 ARTICLE 4. WEIGHTS AND MEASURES
69-14 SECTION 4.01. Section 13.002, Agriculture Code, is amended
69-15 to read as follows:
69-16 Sec. 13.002. Enforcement of Chapter. (a) The department
69-17 shall enforce the provisions of this chapter and shall supervise
69-18 all weights and measures sold or offered for sale in this state.
69-19 The department may purchase apparatus as necessary for the
69-20 administration of this chapter.
69-21 (b) The department shall, to the extent practical and cost
69-22 effective, allow another state agency by interagency contract to
69-23 execute the department's responsibilities under Subsection (a).
69-24 The contract may cover the whole state or only a specified region.
69-25 SECTION 4.02. Subsection (a), Section 13.110, Agriculture
69-26 Code, is amended to read as follows:
69-27 (a) In accordance with this subchapter, each sealer may
70-1 <shall> inspect and test all weights and measures used in the
70-2 locality to which the sealer is assigned or in the city or county
70-3 in which the sealer is appointed.
70-4 SECTION 4.03. Section 13.111, Agriculture Code, is amended
70-5 by adding Subsections (c) and (d) to read as follows:
70-6 (c) A person licensed under Subchapter H shall offer to
70-7 repair an incorrect weight or measure before taking the device out
70-8 of service as provided under Subsection (b). The weights and
70-9 measures inspector may collect a fee for a repair made to a weight
70-10 or measure.
70-11 (d) A person licensed under Subchapter F, G, or H:
70-12 (1) may not collect a fee for the first inspection of
70-13 a device after the device is taken out of service under Subsection
70-14 (b); and
70-15 (2) shall provide the owner or user of a device taken
70-16 out of service under Subsection (b) with a detailed written
70-17 estimate of the cost of repair of the device.
70-18 SECTION 4.04. Chapter 13, Agriculture Code, is amended by
70-19 adding Subchapter H to read as follows:
70-20 SUBCHAPTER H. LICENSED INSPECTORS OF WEIGHING AND
70-21 MEASURING DEVICES
70-22 Sec. 13.401. LICENSE REQUIREMENT. (a) A person who has a
70-23 license issued under this subchapter has all of the powers and
70-24 duties of a sealer under this chapter except for:
70-25 (1) testing of a package under Section 13.039;
70-26 (2) peace officer status under Section 13.108(b); and
70-27 (3) entering premises or conducting a stop under
71-1 Section 13.108(c).
71-2 (b) It is a defense to prosecution under Section 13.117 or
71-3 13.118 that the sealer is acting under the authority of a license
71-4 issued under this subchapter.
71-5 (c) A person who has a license issued under this subchapter
71-6 may also inspect or test:
71-7 (1) liquefied petroleum gas meters under Subchapter F;
71-8 or
71-9 (2) a ranch scale under Subchapter G.
71-10 (d) Unless appointed a sealer under Subchapter C, a person
71-11 may not perform the functions of a sealer without a license issued
71-12 under this subchapter.
71-13 (e) The department shall issue a license to a person who
71-14 meets the requirements of this subchapter.
71-15 (f) A license holder under this subchapter shall conduct
71-16 inspecting or testing activities in compliance with the rules of
71-17 the department.
71-18 (g) A license holder shall maintain and submit to the
71-19 department a report and record of all inspecting or testing
71-20 activities compiled in accordance with the rules of the department.
71-21 Sec. 13.402. General Requirements for License Issuance or
71-22 Renewal. Before a license is issued or renewed by the department
71-23 under this subchapter:
71-24 (1) the person applying for the license or renewal of
71-25 the license shall provide the department proof of completion of a
71-26 department-approved academic, trade, or professional course of
71-27 instruction required by the department's rules;
72-1 (2) the person shall file with the department an
72-2 insurance policy or other proof of insurance evidencing that the
72-3 applicant has a completed operations liability insurance policy
72-4 issued by an insurance company authorized to do business in this
72-5 state or by a surplus lines insurer that meets the requirements of
72-6 Article 1.14-2, Insurance Code, and rules adopted by the
72-7 commissioner of insurance in an amount set by the department and
72-8 based on the type of licensed activities to be provided; and
72-9 (3) the department, to verify compliance with trade
72-10 practices, rules of the department, and this chapter, may conduct
72-11 an inspection of the applicant's:
72-12 (A) facilities;
72-13 (B) inspecting and testing equipment and
72-14 procedures;
72-15 (C) repair and calibration equipment and
72-16 procedures; and
72-17 (D) transportation equipment.
72-18 Sec. 13.403. License and Renewal; Fees. (a) An application
72-19 for a license shall be submitted to the department on a form
72-20 prescribed by the department, accompanied by an annual license fee
72-21 in an amount established by department rule.
72-22 (b) A license issued under this subchapter is valid for one
72-23 year and may be renewed by filing with the department a renewal
72-24 application form prescribed by the department, accompanied by an
72-25 annual license renewal fee in an amount established by department
72-26 rule.
72-27 (c) A person who fails to submit a license renewal fee on or
73-1 before the expiration date of the license must pay, in addition to
73-2 the license renewal fee, the late fee provided by department rule.
73-3 Sec. 13.404. Duties of Department. (a) The department by
73-4 rule may adopt a system to periodically monitor and inspect or test
73-5 scales inspected and tested by the license holder.
73-6 (b) The department by rule shall adopt guidelines to allow a
73-7 representative of the license holder to perform functions of the
73-8 license holder.
73-9 (c) The department by rule may adopt additional requirements
73-10 for the issuance of a license and for the denial of an application
73-11 for a license or renewal of a license. The rules adopted by the
73-12 department shall be designed to protect the public health, safety,
73-13 and welfare and the proper operation of weighing and measuring
73-14 devices.
73-15 (d) The department by rule shall adopt a fee schedule for
73-16 services performed by a license holder.
73-17 Sec. 13.405. Denial, Revocation, Modification, or Suspension
73-18 of License. (a) The department may refuse to issue a license for
73-19 inspecting or testing of weighing and measuring devices if the
73-20 applicant fails to comply with this subchapter.
73-21 (b) The department shall revoke, modify, or suspend a
73-22 license, assess an administrative penalty, place on probation a
73-23 person whose license has been suspended, or reprimand a license
73-24 holder if the license holder fails to comply with this subchapter
73-25 or a rule adopted by the department under this subchapter.
73-26 (c) If a license suspension is probated, the department may
73-27 require the person to:
74-1 (1) report regularly to the department on matters that
74-2 are the basis of the probation;
74-3 (2) limit practice to the areas prescribed by the
74-4 department; or
74-5 (3) continue or renew professional education until the
74-6 person attains a degree of skill satisfactory to the department in
74-7 those areas that are the basis of the probation.
74-8 (d) If the department proposes to deny a person's
74-9 application for a license for inspecting or testing of weighing or
74-10 measuring devices or to revoke, modify, or suspend a person's
74-11 license, the person is entitled to a hearing conducted under
74-12 Section 12.032. The decision of the administrative law judge is
74-13 appealable in the same manner as provided for contested cases under
74-14 Chapter 2001, Government Code.
74-15 Sec. 13.406. Civil Penalty; Injunction. (a) A person who
74-16 violates this subchapter or a rule adopted under this subchapter is
74-17 liable to the state for a civil penalty of not less than $250 nor
74-18 more than $10,000 for each violation. Each day a violation
74-19 continues may be considered a separate violation for purposes of a
74-20 civil penalty assessment.
74-21 (b) On request of the department, the attorney general or
74-22 the county attorney or district attorney of the county in which the
74-23 violation is alleged to have occurred shall file suit to collect
74-24 the penalty.
74-25 (c) A civil penalty collected under this section shall be
74-26 deposited in the state treasury to the credit of the general
74-27 revenue fund. All civil penalties recovered in suits first
75-1 instituted by a local government or governments under this section
75-2 shall be equally divided between the State of Texas and the local
75-3 government or governments with 50 percent of the recovery to be
75-4 paid to the general revenue fund and the other 50 percent equally
75-5 to the local government or governments first instituting the suit.
75-6 (d) The department is entitled to appropriate injunctive
75-7 relief to prevent or abate a violation of this subchapter or a rule
75-8 adopted under this subchapter. On request of the department, the
75-9 attorney general or the county or district attorney of the county
75-10 in which the alleged violation is threatened or is occurring shall
75-11 file suit for the injunctive relief. Venue is in the county in
75-12 which the alleged violation is threatened or is occurring.
75-13 Sec. 13.407. Criminal Penalty. (a) An individual commits
75-14 an offense if the individual is required to be licensed under this
75-15 subchapter, is not licensed under this subchapter, and performs or
75-16 offers to perform an inspection or test on a weighing or measuring
75-17 device for compensation.
75-18 (b) An offense under this section is a Class B misdemeanor.
75-19 SECTION 4.05. Subchapter C, Chapter 13, Agriculture Code, is
75-20 amended by adding Section 13.1012 to read as follows:
75-21 Sec. 13.1012. SERVICE PERSON REGISTRATION REQUIREMENT.
75-22 (a) A person may not place into service or remove any out-of-order
75-23 tag from any weighing or measuring devices unless the person holds
75-24 a registration issued under this section or is licensed under
75-25 Subchapter F, G, or H.
75-26 (b) The department shall register a person who meets the
75-27 requirements of the department adopted under this section, which
76-1 may include:
76-2 (1) proof of completion of a department-approved
76-3 academic, trade, or professional course of instruction; and
76-4 (2) a written examination.
76-5 (c) Each registrant under this section shall conduct
76-6 installation or service activities in compliance with the rules of
76-7 the department.
76-8 (d) A registrant shall maintain and submit to the department
76-9 a report and record of all installation or service activities
76-10 compiled in accordance with the rules of the department.
76-11 (e) The department may conduct an inspection of an
76-12 applicant's or registrant's:
76-13 (1) facilities;
76-14 (2) inspecting and testing equipment and procedures;
76-15 (3) repair and calibration equipment and procedures;
76-16 and
76-17 (4) transportation equipment.
76-18 (f) An application for a registration or renewal shall be
76-19 submitted to the department on a form prescribed by the department,
76-20 accompanied by a registration, renewal, or late fee, in an amount
76-21 established by department rule.
76-22 (g) A registration issued under this section shall be for a
76-23 period determined by department rule.
76-24 (h) The department may refuse to register an applicant for
76-25 service of weighing and measuring devices if the applicant fails to
76-26 comply with this section.
76-27 (i) The department shall revoke, modify, or suspend a
77-1 registration, assess an administrative penalty, place on probation
77-2 a person whose registration has been suspended, or reprimand a
77-3 registrant if the registrant fails to comply with this section or a
77-4 rule adopted by the department under this section.
77-5 ARTICLE 5. OPERATIONS OF TEXAS AGRICULTURE
77-6 FINANCE AUTHORITY
77-7 SECTION 5.01. Subdivision (7), Section 44.001, Agriculture
77-8 Code, is amended to read as follows:
77-9 (7) "Rural area" means an area which is predominantly
77-10 rural in character, being one which the <advisory> board defines
77-11 and declares to be a rural area.
77-12 SECTION 5.02. Section 44.002, Agriculture Code, is amended
77-13 to read as follows:
77-14 Sec. 44.002. Creation of Programs. (a) The board
77-15 <commissioner> shall create an agricultural diversification program
77-16 to:
77-17 (1) support commercial use of agricultural research
77-18 and innovation;
77-19 (2) increase the capabilities of community and
77-20 regional organizations to train and assist new or expanding
77-21 agricultural-based businesses;
77-22 (3) start small business incubators; and
77-23 (4) encourage private commercial loans for enhanced
77-24 production, processing, and marketing of certain agricultural
77-25 crops.
77-26 (b) The board <commissioner> shall create a microenterprise
77-27 support program to provide financial assistance to microenterprises
78-1 in rural areas.
78-2 SECTION 5.03. Subsections (a) and (d), Section 44.004,
78-3 Agriculture Code, are amended to read as follows:
78-4 (a) The <commissioner with the consent of a majority of the>
78-5 board shall administer an agricultural diversification <a> grant
78-6 program supporting research and innovation leading to
78-7 organizational or marketing improvement in business based on
78-8 agriculture or to the commercialization of new crops, new
78-9 agricultural products, or new production processes.
78-10 (d) The board <commissioner> shall review and evaluate each
78-11 grant application submitted under this section and award the grants
78-12 <with the consent of a majority of the board>.
78-13 SECTION 5.04. Subsections (a) and (d), Section 44.0045,
78-14 Agriculture Code, are amended to read as follows:
78-15 (a) The <commissioner with the consent of a majority of the>
78-16 board shall administer a loan program supporting established and
78-17 proposed microenterprises in rural areas by providing loans to
78-18 expand, modernize, or otherwise improve established
78-19 microenterprises and to begin operation of proposed
78-20 microenterprises.
78-21 (d) The <commissioner and> board of the microenterprise
78-22 support program may reserve a portion of the total fund for use in
78-23 cooperative loan programs established with the participation of
78-24 other public or private lenders.
78-25 SECTION 5.05. Subsections (a) and (d), Section 44.005,
78-26 Agriculture Code, are amended to read as follows:
78-27 (a) The <commissioner with the consent of a majority of the>
79-1 board shall create an agricultural diversification <a business
79-2 assistance> grant program to increase the capabilities of community
79-3 and regional organizations to provide training and assistance to
79-4 new and expanding businesses based on agriculture.
79-5 (d) The board <commissioner> shall evaluate each grant
79-6 application submitted under this section and award the grants <with
79-7 the consent of a majority of the board>.
79-8 SECTION 5.06. Subsections (a) and (d), Section 44.006,
79-9 Agriculture Code, are amended to read as follows:
79-10 (a) The <commissioner with the consent of a majority of the>
79-11 board shall create an agricultural diversification <a> grant
79-12 program to provide seed money for self-financing small business
79-13 incubators. These incubators shall provide business services to
79-14 small enterprises that process or market agricultural crops in this
79-15 state or that produce alternative agricultural crops in this state.
79-16 (d) The board <commissioner> shall evaluate each grant
79-17 application under this section and award the grants <with the
79-18 consent of a majority of the board>.
79-19 SECTION 5.07. Section 44.007, Agriculture Code, is amended
79-20 to read as follows:
79-21 Sec. 44.007. Linked Deposit Program. (a) The board
79-22 <commissioner> shall establish a linked deposit program to
79-23 encourage commercial lending for the enhanced production,
79-24 processing, and marketing of certain agricultural crops and for the
79-25 purchase of water conservation equipment for agricultural
79-26 production purposes.
79-27 (b) The board <commissioner> shall promulgate rules for the
80-1 loan portion of the linked deposit program. The rules must
80-2 include:
80-3 (1) a list of the categories of crops customarily
80-4 grown in Texas;
80-5 (2) a list of crops that are alternative agricultural
80-6 crops;
80-7 (3) a list of crops the production of which has
80-8 declined markedly because of natural disasters; and
80-9 (4) identification of the types of equipment
80-10 considered as water conservation equipment for agricultural
80-11 production purposes.
80-12 (c) In order to participate in the linked deposit program,
80-13 an eligible lending institution may solicit loan applications from
80-14 eligible borrowers.
80-15 (d) After reviewing an application and determining that the
80-16 applicant is eligible and creditworthy, the eligible lending
80-17 institution shall send the application for a linked deposit loan to
80-18 the board <commissioner>.
80-19 (e) The eligible lending institution shall certify the
80-20 interest rate applicable to the specific eligible borrower and
80-21 attach it to the application sent to the board <commissioner>.
80-22 (f) After reviewing each linked deposit loan application,
80-23 the board <commissioner> shall recommend to the state treasurer the
80-24 acceptance or rejection of the application.
80-25 (g) After acceptance of the application, the state treasurer
80-26 shall place a linked deposit with the applicable eligible lending
80-27 institution for the period the treasurer considers appropriate.
81-1 The state treasurer may not place a deposit for a period extending
81-2 beyond the state fiscal biennium in which it is placed. Subject to
81-3 the limitation described by Section 44.010 of this chapter, the
81-4 treasurer may place time deposits at an interest rate described by
81-5 Section 44.001(5)(A) of this chapter, notwithstanding any order of
81-6 the State Depository Board to the contrary.
81-7 (h) Before the placing of a linked deposit, the eligible
81-8 lending institution and the state, represented by the state
81-9 treasurer and the board <commissioner>, shall enter into a written
81-10 deposit agreement containing the conditions on which the linked
81-11 deposit is made.
81-12 (i) If a lending institution holding linked deposits ceases
81-13 to be a state depository, the state treasurer may withdraw the
81-14 linked deposits.
81-15 (j) The board may adopt rules that create a procedure for
81-16 determining priorities for loans granted under this chapter. Each
81-17 rule adopted must state the policy objective of the rule. The
81-18 policy objectives of the rules may include preferences to:
81-19 (1) achieve adequate geographic distribution of loans;
81-20 (2) assist certain industries;
81-21 (3) encourage certain practices including water
81-22 conservation; and
81-23 (4) encourage value-added processing of agricultural
81-24 products.
81-25 SECTION 5.08. Section 44.008, Agriculture Code, is amended
81-26 to read as follows:
81-27 Sec. 44.008. Compliance. (a) On accepting a linked
82-1 deposit, an eligible lending institution must loan money to
82-2 eligible borrowers in accordance with the deposit agreement and
82-3 this chapter. The eligible lending institution shall forward a
82-4 compliance report to the board <commissioner>.
82-5 (b) The board <commissioner> shall monitor compliance with
82-6 this chapter and inform the state treasurer of noncompliance on the
82-7 part of an eligible lending institution.
82-8 SECTION 5.09. Section 44.011, Agriculture Code, is amended
82-9 to read as follows:
82-10 Sec. 44.011. Criteria for all Grants. In evaluating
82-11 applications for grants under this chapter, the <commissioner and
82-12 the> board shall consider:
82-13 (1) the scientific and technical merit of the
82-14 application;
82-15 (2) the anticipated benefits arising from a grant to
82-16 the applicant, including both potential job creation and commercial
82-17 benefits to the agricultural industry;
82-18 (3) the market value of the assets of the applicant;
82-19 (4) the qualifications of the applicant;
82-20 (5) the reasonableness of the applicant's proposed
82-21 budget;
82-22 (6) the extent and level of other funding sources for
82-23 the applicant;
82-24 (7) the funding commitments needed for continued
82-25 development; and
82-26 (8) the present involvement and support of local
82-27 organizations, including educational organizations.
83-1 SECTION 5.10. Section 44.012, Agriculture Code, is amended
83-2 to read as follows:
83-3 Sec. 44.012. Money for Grants and Loans. The board
83-4 <commissioner> may accept gifts and grants of money from the
83-5 federal government, local governments, or private corporations or
83-6 other persons for use in making grants and loans under the
83-7 agricultural diversification program and the rural microenterprise
83-8 support program. The legislature may appropriate money for grants
83-9 and loans under the programs.
83-10 SECTION 5.11. Subsection (a), Section 58.012, Agriculture
83-11 Code, is amended to read as follows:
83-12 (a) The authority is governed by a board of directors
83-13 composed of the commissioner of agriculture, the director of the
83-14 Institute for International Agribusiness Studies at Prairie View
83-15 A&M University, and seven members appointed by the governor with
83-16 the advice and consent of the senate. Members of the board <An
83-17 appointed member> must be appointed in the numbers specified and
83-18 from <one of> the following categories <with at least one member
83-19 but not more than two members from each category>:
83-20 (1) one person who is an elected or appointed official
83-21 <officials> of a municipality or county;
83-22 (2) four persons <representatives of lending
83-23 institutions chartered by the state or federal government> who are
83-24 knowledgeable about agricultural lending practices;
83-25 (3) one person who is a representative
83-26 <representatives> of agricultural businesses; and <or>
83-27 (4) one person who is a representative
84-1 <representatives> of agriculture related entities, including rural
84-2 chambers of commerce, foundations, trade associations, institutions
84-3 of higher education, or other entities involved in agricultural
84-4 matters.
84-5 SECTION 5.12. Section 58.015, Agriculture Code, is amended
84-6 to read as follows:
84-7 Sec. 58.015. ADMINISTRATION. (a) The commissioner with the
84-8 assistance of the board shall administer the Texas Agricultural
84-9 Finance Authority. The board shall reimburse the Department of
84-10 Agriculture for expenses incurred as required by the business of
84-11 the authority with the approval <of a majority> of the board.
84-12 (b) The commissioner may, with the approval <of a majority>
84-13 of the board, appoint, employ, contract with, and provide for the
84-14 compensation of employees, consultants, and agents including
84-15 engineers, attorneys, management consultants, financial advisors,
84-16 indexing agents, placement agents, and other experts as the
84-17 business of the authority may require.
84-18 (c) The commissioner may, with the approval <of a majority>
84-19 of the board, employ an administrator of the authority. The
84-20 administrator may attend all meetings and participate, but not
84-21 vote, in all proceedings of the authority.
84-22 SECTION 5.13. Subsection (b), Section 58.016, Agriculture
84-23 Code, is amended to read as follows:
84-24 (b) On or before August 1 of each year, the administrator
84-25 shall file with the board the <a> proposed annual budgets <budget>
84-26 for the young farmer loan guarantee program under Chapter 253, the
84-27 farm and ranch finance program under Chapter 59, and the programs
85-1 administered by the board under this chapter for the succeeding
85-2 fiscal year. If there is no administrator, the commissioner shall
85-3 assume the duties of the administrator in connection with
85-4 preparation of the budget. The budget must set forth the general
85-5 categories of expected expenditures out of revenues and income of
85-6 the funds administered by the authority and the amount on account
85-7 of each. On or before September 1 of each year, the board shall
85-8 consider the proposed annual budget and may approve it or amend it.
85-9 Copies of the annual budget certified by the chairman of the board
85-10 shall be promptly filed with the governor and the legislature. The
85-11 annual budget is not effective until it is filed. If for any
85-12 reason the authority does not adopt an annual budget before
85-13 September 2, no expenditures may be made from the funds until the
85-14 board approves the annual budget <for the preceding year shall
85-15 remain in effect until a new budget is adopted>. The authority may
85-16 adopt an amended annual budget for the current fiscal year, but the
85-17 amended annual budget may not supersede a prior budget until it is
85-18 filed with the governor and the legislature.
85-19 SECTION 5.14. Subchapter B, Chapter 58, Agriculture Code, is
85-20 amended by adding Section 58.017 to read as follows:
85-21 Sec. 58.017. COST-BENEFIT REPORT. (a) The board shall
85-22 perform a biennial cost-benefit study of the authority's active and
85-23 inactive programs and prepare a report regarding that study. The
85-24 study must include an examination of the number of jobs created or
85-25 retained in this state as a result of each program and the costs
85-26 and benefits associated with those jobs.
85-27 (b) The chairman of the board shall file the report prepared
86-1 under Subsection (a) with the state auditor before December 1 of
86-2 each even-numbered year.
86-3 (c) The state auditor shall review the report filed under
86-4 Subsection (b) and send the report and the auditor's comments
86-5 regarding the methodology used by the authority in performing the
86-6 cost-benefit study to the governor and the presiding officer of
86-7 each house of the legislature not later than February 1 of each
86-8 odd-numbered year. The state auditor shall provide assistance to
86-9 the department in preparing the report required by this section.
86-10 SECTION 5.15. Subchapter B, Chapter 58, Agriculture Code, is
86-11 amended by adding Section 58.0171 to read as follows:
86-12 Sec. 58.0171. REVIEW OF DEPARTMENT PLANS AND BUDGET REQUEST.
86-13 The department shall provide the board with sufficient opportunity
86-14 to review and comment on the finance program-related portions of
86-15 the department strategic plan and the department biennial
86-16 appropriation request, and any revision of a finance
86-17 program-related portion of the plan or request, before submission
86-18 to the legislature.
86-19 SECTION 5.16. Subchapter B, Chapter 58, Agriculture Code, is
86-20 amended by adding Section 58.0177 to read as follows:
86-21 Sec. 58.0177. APPOINTED MEMBER PREPARATION PROGRAM. The
86-22 board shall provide each appointed member of the board financial
86-23 training adequate to prepare the member for the responsibilities of
86-24 board membership before the member may begin service.
86-25 SECTION 5.17. Subsection (c), Section 58.021, Agriculture
86-26 Code, is amended to read as follows:
86-27 (c) Except as provided by this subsection, the maximum
87-1 aggregate amount of loans made to or guaranteed, insured,
87-2 coinsured, or reinsured under this subchapter for a single eligible
87-3 agricultural business by the authority from funds provided by the
87-4 authority is $1 <$2> million. The authority may make, guarantee,
87-5 insure, coinsure, or reinsure a loan for a single eligible
87-6 agricultural business that results in an aggregate amount exceeding
87-7 $1 <$2> million, but not exceeding $2 <$5> million, if the action
87-8 is approved by a two-thirds vote of the membership of the board.
87-9 SECTION 5.18. Subchapter C, Chapter 58, Agriculture Code, is
87-10 amended by adding Section 58.0211 to read as follows:
87-11 Sec. 58.0211. LOAN LIMITS. (a) The authority may make,
87-12 guarantee, insure, coinsure, or reinsure a loan up to the limits in
87-13 this section and Section 58.021 for a single eligible business
87-14 which already has an active loan if the action is approved by a
87-15 two-thirds vote of the members present.
87-16 (b) Except for programs administered by the authority under
87-17 Chapters 44 and 59, the authority shall give preference to loans,
87-18 loan guarantees, loan insurance, coinsurance, reinsurance, or any
87-19 other financing mechanism to value-added agricultural businesses.
87-20 The authority may decline to provide financial assistance to
87-21 businesses whose primary purpose is to establish or expand
87-22 conventional agricultural production.
87-23 (c) The authority may not guarantee more than 90 percent of
87-24 a loan to an eligible agricultural business made by a private
87-25 lender.
87-26 ARTICLE 6. AGRICULTURE RESOURCES PROTECTION AUTHORITY
87-27 SECTION 6.01. Section 76.009, Agriculture Code, is amended
88-1 to read as follows:
88-2 Sec. 76.009. Agriculture Resources Protection Authority.
88-3 (a) The Agriculture Resources Protection Authority is an agency of
88-4 state government. The authority is composed of the following
88-5 <nine> members:
88-6 (1) the director of the Texas Agricultural Experiment
88-7 Station;
88-8 (2) the dean of the College of Agricultural Sciences
88-9 of Texas Tech University;
88-10 (3) the dean of The University of Texas School of
88-11 Public Health at Houston;
88-12 (4) the director of the environmental epidemiology
88-13 program of the Texas Department of Health;
88-14 (5) the chief of the groundwater conservation section
88-15 of the Texas Natural Resource Conservation <Water> Commission;
88-16 (6) the director of the Institute for International
88-17 Agribusiness Studies of Prairie View A&M University;
88-18 (7) one person appointed by the governor to represent
88-19 the interests of consumers;
88-20 (8) a producer of agricultural products appointed by
88-21 the governor; <and>
88-22 (9) the executive director of the Texas Structural
88-23 Pest Control Board;
88-24 (10) the executive director of the State Soil and
88-25 Water Conservation Board;
88-26 (11) a person appointed by the governor and licensed
88-27 by the department as a commercial, noncommercial, or private
89-1 applicator;
89-2 (12) a person appointed by the governor and licensed
89-3 by the department as a pesticide dealer or involved in the
89-4 development or manufacture of agricultural chemicals;
89-5 (13) a person appointed by the governor and employed
89-6 as a farm worker or serving as a representative of farm workers;
89-7 (14) a person appointed by the governor and associated
89-8 with an organization primarily engaged in environmental
89-9 conservation or protection efforts; and
89-10 (15) the commissioner of agriculture.
89-11 (b) A person appointed by the governor<, with the advice and
89-12 consent of the senate,> under Subdivision (7), (8), (11), (12),
89-13 (13), or (14) <or (8)> of Subsection (a) of this section serves a
89-14 two-year term ending on February 1 of each odd-numbered year. A
89-15 vacancy in one of those positions shall be filled by appointment by
89-16 the governor for the unexpired term. All appointments made by the
89-17 governor under this section must be with the advice and consent of
89-18 the senate.
89-19 (c) The governor shall designate <commissioner of
89-20 agriculture is> the presiding officer of the authority.
89-21 (d) The authority shall meet quarterly and at the call of
89-22 the presiding officer or a majority of the members. <To take an
89-23 action, the authority must approve the action by a concurring vote
89-24 of a majority of the total membership of the authority.>
89-25 (e) A member may not receive compensation for service as a
89-26 member of the authority. A member is entitled to reimbursement for
89-27 actual and necessary expenses incurred in the performance of the
90-1 functions of the authority, subject to any limitations on
90-2 reimbursement provided by the General Appropriations Act.
90-3 (f) The delegation of functions under this section is
90-4 designed to avoid overlapping responsibilities, to provide a means
90-5 for all involved agencies to participate in the regulation of
90-6 pesticides, and to clarify various areas of responsibility.
90-7 (g) The authority is the coordinating body for the policies
90-8 and programs of management, regulation, and control of pesticides
90-9 conducted by the department, the State Soil and Water Conservation
90-10 Board, the Texas Agricultural Extension Service, the Texas
90-11 Department of Health, the Texas Natural Resource Conservation
90-12 <Water> Commission, and the Texas Structural Pest Control Board.
90-13 Notwithstanding any other provision of this code or of any other
90-14 law, the authority may:
90-15 (1) adopt any rule relating to any duty of the
90-16 authority <pesticides, including a rule that amends or repeals an
90-17 existing rule, except that the authority may not:>
90-18 <(A) adopt, amend, or repeal a rule under
90-19 Chapter 125 of this code;>
90-20 <(B) repeal a rule that was adopted by an agency
90-21 for which the authority is the coordinating body and that was in
90-22 effect on May 1, 1989; or>
90-23 <(C) amend a rule in effect on May 1, 1989, that
90-24 would make the rule less protective of the public health, safety,
90-25 or welfare>;
90-26 (2) review and make comments regarding <approve or
90-27 disapprove> any rule relating to pesticides that is proposed by an
91-1 agency for which the authority is the coordinating body<, except a
91-2 rule under Chapter 125 of this code>;
91-3 (3) cooperate with and advise the department, the
91-4 State Soil and Water Conservation Board, the Texas Agricultural
91-5 Extension Service, the Texas Department of Health, the Texas
91-6 Natural Resource Conservation <Water> Commission, the Texas
91-7 Structural Pest Control Board, and any other state agency that may
91-8 be concerned with the regulation of pesticides and notify those
91-9 agencies of any rule the authority intends to adopt;
91-10 (4) collect, analyze, and disseminate information
91-11 necessary for the effective operation of all existing or
91-12 contemplated programs regulating pesticides;
91-13 (5) provide professional advice to private agencies
91-14 and citizens of this state on matters relating to pesticides in
91-15 cooperation with other state agencies, with professional groups,
91-16 and with either state or private educational institutions;
91-17 (6) accept gifts, devises, and bequests and, with the
91-18 approval of the governor, comply with the terms and conditions of
91-19 any grant to accomplish any of the purposes of the authority;
91-20 (7) inform and advise the governor on matters
91-21 involving pesticides and prepare and recommend to the governor and
91-22 to the legislature any legislation the authority considers proper
91-23 for the management and control of pesticides; and
91-24 (8) make annual reports to the governor and the
91-25 appropriate legislative oversight committees<;>
91-26 <(9) exempt any federal or state agency from any
91-27 regulatory provision if the authority determines that emergency
92-1 conditions exist that require the exemption; and>
92-2 <(10) notwithstanding any conflicting or inconsistent
92-3 provision in this code, hear and determine all appeals from orders
92-4 entered, by an agency for which the authority is the coordinating
92-5 body, under this chapter or Chapter 75 or 125 of this code>.
92-6 (h) A member of the authority by a written statement may
92-7 designate a person to execute any responsibility of the member
92-8 including voting <An agency for which the authority is the
92-9 coordinating body may not adopt a rule disapproved by the authority
92-10 under Subsection (g)(2) of this section>.
92-11 (i) The authority shall develop and implement policies that
92-12 provide the public with a reasonable opportunity to appear before
92-13 the authority semiannually to comment on the status of the state's
92-14 pesticide regulation efforts <To ensure due process, the
92-15 commissioner, because of the commissioner's statutory power over
92-16 departmental orders, may not participate in the discussions or the
92-17 determinations to be reached on appeals to the authority under
92-18 Subsection (g)(10) of this section>.
92-19 (j) The commissioner shall:
92-20 (1) as necessary, employ personnel as the duties of
92-21 the authority may require and to the extent of legislative
92-22 appropriations to the authority;
92-23 (2) keep an accurate and complete record of all
92-24 authority meetings and hearings of the authority and maintain legal
92-25 custody of all books, papers, documents, and other records of the
92-26 authority;
92-27 (3) administer this chapter and Chapters 75 and 125 of
93-1 this code <and the rules adopted by the authority>; and
93-2 (4) assign, reassign, or delegate the administrative
93-3 and enforcement functions assigned to the commissioner by this
93-4 subsection or by rules or policies established under this
93-5 subsection to one or more of the divisions or other units within
93-6 the department or to one or more employees of the department.
93-7 (k) The authority shall adopt rules requiring quarterly
93-8 submission to the authority by the department, State Soil and Water
93-9 Conservation Board, Texas Agricultural Extension Service, Texas
93-10 Department of Health, Texas Natural Resource Conservation
93-11 Commission, and the Texas Structural Pest Control Board of a report
93-12 regarding each agency's pesticide regulatory enforcement activity.
93-13 (l) The authority shall review and make comments regarding
93-14 the information received by the authority under Subsection (k).
93-15 The authority shall make its comments available to the public.
93-16 (m) The department, State Soil and Water Conservation Board,
93-17 Texas Agricultural Extension Service, Texas Department of Health,
93-18 Texas Natural Resource Conservation Commission, and the Texas
93-19 Structural Pest Control Board shall provide the authority with
93-20 sufficient opportunity to review and comment on the strategic plan
93-21 and biennial appropriation request of each agency, and any revision
93-22 of a plan or request, before submission of a plan or request to the
93-23 legislature.
93-24 SECTION 6.02. Section 76.041, Agriculture Code, is amended
93-25 by amending Subsection (a) and adding Subsection (d) to read as
93-26 follows:
93-27 (a) Except as provided by Subsection (b), <or> (c), or (d)
94-1 of this section, before a pesticide is distributed in this state or
94-2 is delivered for transportation or is transported in intrastate
94-3 commerce or between points within this state through a point
94-4 outside the state, it must be registered with the department. The
94-5 manufacturer or other person whose name appears on the label of the
94-6 pesticide shall register the pesticide.
94-7 (d) Unless otherwise required by department rule,
94-8 registration is not required for a pesticide that is exempt from
94-9 registration with the United States Environmental Protection Agency
94-10 under federal law.
94-11 SECTION 6.03. Subsections (a) and (c), Section 76.043,
94-12 Agriculture Code, are amended to read as follows:
94-13 (a) Registration of a pesticide expires on the second
94-14 anniversary of the date of its approval or renewal except that the
94-15 department shall by rule adopt a system under which registrations
94-16 expire on various dates during the year <annually on December 31>.
94-17 (c) A registration in effect on its expiration date
94-18 <December 31> for which a renewal application has been filed and
94-19 renewal fee has been paid continues in effect until the department
94-20 notifies the applicant that the registration has been renewed or
94-21 denied renewal.
94-22 ARTICLE 7. EGG REGULATION
94-23 SECTION 7.01. Section 132.003, Agriculture Code, is amended
94-24 to read as follows:
94-25 Sec. 132.003. Powers and Duties of Department. (a) The
94-26 department shall administer this chapter and adopt and enforce
94-27 necessary rules. <Rules adopted and enforced by the department
95-1 must be approved by the attorney general. The attorney general
95-2 shall retain written approval of the rules for public inspection.>
95-3 (b) <The department shall annually publish information on
95-4 the movement and sale of eggs and a report of the results of
95-5 official inspections of eggs sold, offered for sale, or distributed
95-6 within this state. Published information on the movement and sale
95-7 of eggs may not disclose the scope of operations of any person.>
95-8 <(c)> The department may:
95-9 (1) prescribe record forms and require the reporting
95-10 of information as necessary in the administration of this chapter;
95-11 and
95-12 (2) make reciprocal agreements with other states for
95-13 the inspection of locations outside of the state at which eggs are
95-14 classed, graded, and weighed.
95-15 SECTION 7.02. Section 132.004, Agriculture Code, is amended
95-16 to read as follows:
95-17 Sec. 132.004. ADOPTION OF STANDARDS. Standards for the
95-18 inspection and regulation of shell eggs, including <egg> quality,
95-19 grade, and size of shell eggs, shall be at least equal to those
95-20 adopted by the United States Department of Agriculture and the
95-21 federal Food and Drug Administration.
95-22 SECTION 7.03. Subchapter A, Chapter 132, Agriculture Code,
95-23 is amended by adding Section 132.008 to read as follows:
95-24 Sec. 132.008. MEMORANDA OF UNDERSTANDING WITH OTHER STATE
95-25 AGENCY. (a) The department shall initiate negotiations for and
95-26 enter into a memorandum of understanding with the Texas Department
95-27 of Health to coordinate regulatory programs and eliminate
96-1 conflicting regulatory requirements and inspection standards.
96-2 (b) The department shall enter into an agreement as required
96-3 by Subsection (a) with the Texas Department of Health regarding the
96-4 regulation of eggs.
96-5 (c) The department and the Texas Department of Health may
96-6 enter into memoranda of understanding in areas other than those
96-7 under Subsections (a) and (b).
96-8 (d) A memorandum of understanding between the department and
96-9 the Texas Department of Health must be adopted by the commissioner
96-10 and the governing body of the Texas Department of Health.
96-11 (e) After a memorandum of understanding is adopted, the
96-12 department shall publish the memorandum of understanding in the
96-13 Texas Register.
96-14 SECTION 7.04. Subsection (b), Section 132.021, Agriculture
96-15 Code, is amended to read as follows:
96-16 (b) This section does not apply to:
96-17 (1) a hatchery buying eggs exclusively for hatching
96-18 purposes;
96-19 (2) a hotel, restaurant, or other public eating place
96-20 where all eggs purchased are served by the establishment;
96-21 (3) a food manufacturer purchasing eggs for use only
96-22 in the manufacture of food products, except for a person who
96-23 operates a plant for the purpose of breaking eggs for freezing,
96-24 drying, or commercial food manufacturing; <or>
96-25 (4) an agent employed and paid a salary by a person
96-26 licensed under this chapter; or
96-27 (5) a retailer selling eggs to the ultimate consumer
97-1 of the eggs.
97-2 ARTICLE 8. LICENSE CONSOLIDATION
97-3 SECTION 8.01. Chapter 12, Agriculture Code, is amended by
97-4 adding Section 12.033 to read as follows:
97-5 Sec. 12.033. MULTIPLE LICENSES. (a) In this section:
97-6 (1) "Component license" means a license issued by the
97-7 department that is consolidated under this section.
97-8 (2) "Grocer" means a person whose business consists
97-9 primarily of the retail sale of food for human consumption.
97-10 (b) A grocer who holds more than one type of license issued
97-11 by the department may obtain from the department a single
97-12 consolidated license. A consolidated license authorizes each of
97-13 the activities of the component licenses.
97-14 (c) The department by rule shall implement a program for the
97-15 issuance of a consolidated license under this section. The rules
97-16 shall include provisions for:
97-17 (1) a fee schedule for the consolidated license that
97-18 considers:
97-19 (A) the cost of operating each component license
97-20 program; and
97-21 (B) the economic efficiency gained by the
97-22 department through the operation of a consolidated license program;
97-23 (2) the suspension or revocation of a consolidated
97-24 license for a violation of a rule or statute authorizing one of the
97-25 component licenses;
97-26 (3) the combination of all inspections required for
97-27 the component licenses into a single inspection; and
98-1 (4) any other provision the department determines is
98-2 necessary to implement this section.
98-3 ARTICLE 9. CONTINUATION OF DEPARTMENT
98-4 SECTION 9.01. Section 11.003, Agriculture Code, is amended
98-5 to read as follows:
98-6 Sec. 11.003. Sunset Provision. The Department of
98-7 Agriculture is subject to Chapter 325, Government Code (Texas
98-8 Sunset Act). Unless continued in existence as provided by that
98-9 chapter, the department is abolished September 1, 2007 <1995>.
98-10 ARTICLE 10. TRANSITION PROVISIONS; REPEALER;
98-11 EFFECTIVE DATE; EMERGENCY
98-12 SECTION 10.01. TRANSITION: FEES. The change in law made by
98-13 this Act relating to a fee charged under the Agriculture Code
98-14 applies only to a fee that first becomes due on or after
98-15 September 1, 1996. A fee that first becomes due before that date
98-16 is governed by the law in effect immediately before September 1,
98-17 1995, and the former law is continued in effect for that purpose.
98-18 SECTION 10.02. TRANSITION: HEARINGS. (a) The change in
98-19 law made by this Act relating to a hearing conducted under the
98-20 Agriculture Code by the State Office of Administrative Hearings
98-21 applies only to a hearing that begins on or after January 1, 1996.
98-22 A hearing that begins before that date is governed by the law in
98-23 effect immediately before September 1, 1995, and the former law is
98-24 continued in effect for that purpose.
98-25 (b) The commissioner of agriculture and the chief
98-26 administrative law judge of the State Office of Administrative
98-27 Hearings may agree to transfer contested cases pending before the
99-1 Department of Agriculture to the State Office of Administrative
99-2 Hearings before January 1, 1996.
99-3 SECTION 10.03. TRANSITION: LICENSING. Subchapter H,
99-4 Chapter 13, Agriculture Code, as added by this Act, relating to
99-5 inspecting or testing of a weighing or measuring device, applies to
99-6 a person only after the Department of Agriculture reasonably
99-7 demonstrates to the Legislative Budget Board that the department's
99-8 licensing programs for inspection and testing of liquefied
99-9 petroleum gas meters and inspection and testing of ranch scales
99-10 under Subchapters F and G, Chapter 13, Agriculture Code,
99-11 respectively, will attain the performance goals established by the
99-12 Legislative Budget Board.
99-13 SECTION 10.04. TRANSITION: REVIEW OF ENFORCEMENT OF
99-14 PESTICIDE REGULATION. The Agriculture Resources Protection
99-15 Authority shall review penalties used in enforcement of pesticide
99-16 regulation by the Department of Agriculture, the State Soil and
99-17 Water Conservation Board, the Texas Agricultural Extension Service,
99-18 the Texas Department of Health, the Texas Natural Resource
99-19 Conservation Commission, and the Texas Structural Pest Control
99-20 Board. Not later than December 1, 1996, the Agriculture Resources
99-21 Protection Authority shall file with the governor, the lieutenant
99-22 governor, and the speaker of the house of representatives a report
99-23 regarding the Agriculture Resources Protection Authority's plan for
99-24 making the use of penalties in pesticide enforcement matters
99-25 consistent among the agencies studied by the Agriculture Resources
99-26 Protection Authority.
99-27 SECTION 10.05. TRANSITION: PESTICIDE REGISTRATION. A
100-1 registration of a pesticide that is in effect on the effective date
100-2 of this Act remains in effect until the earlier of the date on
100-3 which the registration expires or is revoked by the department.
100-4 SECTION 10.06. TRANSITION: COLLECTION OF ADMINISTRATIVE
100-5 PENALTY. The changes in law made by this Act apply only to an
100-6 action to collect an administrative penalty that is commenced on or
100-7 after the effective date of this Act. An action to collect an
100-8 administrative penalty that is commenced before the effective date
100-9 of this Act is governed by the law in effect on the date the action
100-10 was commenced, and the former law is continued in effect for this
100-11 purpose.
100-12 SECTION 10.07. TRANSITION: COMPOSITION OF BOARDS. (a) The
100-13 changes in law made by this Act to the requirements for appointed
100-14 members on the board of directors of the Agriculture Resources
100-15 Protection Authority and the board of directors of the Texas
100-16 Agricultural Finance Authority apply only to membership positions
100-17 on those boards filled on or after the effective date of this Act
100-18 and do not affect the entitlement of a member serving on those
100-19 boards on the effective date of this Act to continue to hold office
100-20 for the remainder of the term to which the person was appointed.
100-21 (b) As the terms of members of the boards expire or as
100-22 vacancies on the board occur, the governor shall make appointments
100-23 to achieve, as soon as possible, the membership plans prescribed
100-24 for the boards by the Agriculture Code, as amended by this Act. If
100-25 new positions on a board are created under this Act, the governor
100-26 shall make appointments to the new positions as soon as possible
100-27 after the effective date of this Act.
101-1 SECTION 10.08. CONTINGENCY. The changes made to Subsection
101-2 (c), Section 58.021, Agriculture Code, by Section 5.17 of this Act
101-3 are contingent on the failure of the constitutional amendments
101-4 proposed in S.J.R. No. 51 or H.J.R. No. 92, Acts of the 74th
101-5 Legislature, Regular Session, 1995, or similar legislation. If
101-6 either of those constitutional amendments passes and is approved by
101-7 the voters, the changes made to Subsection (c), Section 58.021,
101-8 Agriculture Code, by Section 5.17 of this Act have no effect.
101-9 SECTION 10.09. REPEALER. The following statutes are
101-10 repealed:
101-11 (1) Section 12.019, Agriculture Code;
101-12 (2) Section 12.027, Agriculture Code;
101-13 (3) Section 13.003, Agriculture Code;
101-14 (4) Section 13.029, Agriculture Code;
101-15 (5) Section 13.115(b), Agriculture Code;
101-16 (6) Subchapter D, Chapter 13, Agriculture Code;
101-17 (7) Subchapter B, Chapter 14, Agriculture Code;
101-18 (8) Subchapter B, Chapter 15, Agriculture Code;
101-19 (9) Chapter 16, Agriculture Code;
101-20 (10) Chapter 57, Agriculture Code;
101-21 (11) Section 58.021(d), Agriculture Code;
101-22 (12) Section 94.004, Agriculture Code;
101-23 (13) Section 101.007(e), Agriculture Code;
101-24 (14) Section 102.007(e), Agriculture Code;
101-25 (15) Chapter 112, Agriculture Code;
101-26 (16) Section 132.022(e), Agriculture Code;
101-27 (17) Section 132.026(c), Agriculture Code;
102-1 (18) Section 132.027(c), Agriculture Code; and
102-2 (19) Chapter 224, Acts of the 55th Legislature,
102-3 Regular Session, 1957 (Article 6701i, Vernon's Texas Civil
102-4 Statutes).
102-5 SECTION 10.10. EFFECTIVE DATE. This Act takes effect
102-6 September 1, 1995.
102-7 SECTION 10.11. EMERGENCY. The importance of this
102-8 legislation and the crowded condition of the calendars in both
102-9 houses create an emergency and an imperative public necessity that
102-10 the constitutional rule requiring bills to be read on three several
102-11 days in each house be suspended, and this rule is hereby suspended.