By: Bivins S.B. No. 1117
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the refund of license and registration fees by the
1-2 Department of Agriculture.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 12, Agriculture Code, is amended by
1-5 adding Section 12.032 to read as follows:
1-6 Sec. 12.032. REFUND OF FEES. The department by rule may
1-7 provide for the full or partial refund of a fee collected by the
1-8 department.
1-9 SECTION 2. Subsection (b), Section 13.255, Agriculture Code,
1-10 is amended to read as follows:
1-11 (b) A state public weigher must submit a <nonrefundable> fee
1-12 of $400 with the application for a certificate of authority. A
1-13 county public weigher or a deputy public weigher must submit a
1-14 <nonrefundable> fee of $100 with the application for a certificate
1-15 of authority.
1-16 SECTION 3. Subsections (a) and (b), Section 13.304,
1-17 Agriculture Code, are amended to read as follows:
1-18 (a) An application for a license shall be submitted to the
1-19 department on a form prescribed by the department, accompanied by
1-20 an <a nonrefundable> annual license fee in an amount established by
1-21 department rule, not to exceed $200.
1-22 (b) A license issued under this subchapter expires on the
1-23 anniversary date of the person's test equipment calibration, as
1-24 such anniversary is defined by a department rule, and may be
2-1 renewed by filing with the department a renewal application form
2-2 prescribed by the department, accompanied by an <a nonrefundable>
2-3 annual license renewal fee in an amount established by department
2-4 rule, not to exceed $200.
2-5 SECTION 4. Subsections (a) and (b), Section 13.354,
2-6 Agriculture Code, are amended to read as follows:
2-7 (a) An application for a license shall be submitted to the
2-8 department on a form prescribed by the department, accompanied by
2-9 an <a nonrefundable> annual license fee in an amount established by
2-10 department rule, not to exceed $200.
2-11 (b) A license issued under this subchapter expires on the
2-12 anniversary date of the person's test equipment calibration, as
2-13 such anniversary is defined by department rule, and may be renewed
2-14 by filing with the department a renewal application form prescribed
2-15 by the department, accompanied by an <a nonrefundable> annual
2-16 license renewal fee in an amount established by department rule,
2-17 not to exceed $200.
2-18 SECTION 5. Subsection (b), Section 14.005, Agriculture Code,
2-19 is amended to read as follows:
2-20 (b) An applicant must file a separate application for each
2-21 license, renewal, or amendment and shall accompany each application
2-22 for a license or renewal with an <a nonrefundable> annual license
2-23 fee of $75. The department shall prescribe the information to be
2-24 contained in the application. A person who fails to submit a
2-25 renewal fee on or before the expiration date of the license must
2-26 pay, in addition to the renewal fee, the late fee provided by
2-27 Section 12.024 of this code.
3-1 SECTION 6. Subsection (b), Section 18.003, Agriculture Code,
3-2 is amended to read as follows:
3-3 (b) A person may apply for an organic certification, or a
3-4 renewal of an organic certification, by submitting an application
3-5 and an <a nonrefundable> annual fee prescribed by the department.
3-6 SECTION 7. Subsection (b), Section 18.004, Agriculture Code,
3-7 is amended to read as follows:
3-8 (b) A person may apply for a certificate of accreditation,
3-9 or a renewal of a certificate of accreditation, by submitting an
3-10 application and an <a nonrefundable> annual fee prescribed by the
3-11 department.
3-12 SECTION 8. Subsection (b), Section 57.103, Agriculture Code,
3-13 is amended to read as follows:
3-14 (b) The corporation may submit a transcript of proceedings
3-15 in connection with the issuance of the bonds to the board and
3-16 request that the board approve the bonds. On filing a request for
3-17 the board's approval of the bonds, the corporation shall pay to the
3-18 board a <nonrefundable> filing fee of $1,500. If the board refuses
3-19 to approve the bond issue solely on the basis of law, the
3-20 corporation may seek a writ of mandamus from the Supreme Court of
3-21 Texas.
3-22 SECTION 9. Subsection (d), Section 62.005, Agriculture Code,
3-23 is amended to read as follows:
3-24 (d) An application for licensing as a Foundation,
3-25 Registered, or Certified producer of seed or plants must be
3-26 accompanied by a <nonrefundable> license fee not to exceed $100, as
3-27 provided by department rule.
4-1 SECTION 10. Subsection (a), Section 62.006, Agriculture
4-2 Code, is amended to read as follows:
4-3 (a) A person engaging in the development, maintenance, or
4-4 production of seed or plants for which standards of genetic purity
4-5 and identity have been established by the board may apply to the
4-6 board for registration as a plant breeder. The applicant shall
4-7 apply on forms prescribed by the board and shall include with the
4-8 application a <nonrefundable> registration fee of not more than
4-9 $100, as determined by the board. To be registered as a plant
4-10 breeder, a person must satisfy the board that the person is skilled
4-11 in the science of plant breeding. The board may require skill to
4-12 be shown by evidence of accomplishments in the field and may
4-13 require an oral or written examination in the subject.
4-14 SECTION 11. Subsection (a), Section 64.006, Agriculture
4-15 Code, is amended to read as follows:
4-16 (a) A purchaser may begin arbitration by filing with the
4-17 commissioner a sworn complaint and a <nonrefundable> filing fee of
4-18 $10. The purchaser shall send a copy of the complaint to the
4-19 seller by certified mail. Except in the case of seed that has not
4-20 been planted, the complaint must be filed within the time necessary
4-21 to permit effective inspection of the plants under field
4-22 conditions.
4-23 SECTION 12. Subsection (b), Section 71.043, Agriculture
4-24 Code, is amended to read as follows:
4-25 (b) A florist or nursery owner may apply for registration or
4-26 renewal of registration by submitting an application prescribed by
4-27 the department and an <a nonrefundable> annual fee. The fee shall
5-1 be based on the size and type of a location, as defined by
5-2 department rule, where a florist or nursery owner grows for sale or
5-3 lease or offers for sale or lease a florist item or nursery
5-4 product.
5-5 SECTION 13. Subsection (e), Section 71.057, Agriculture
5-6 Code, is amended to read as follows:
5-7 (e) A nursery dealer or nursery agent may apply for
5-8 registration or renewal of registration by submitting an
5-9 application prescribed by the department and an <a nonrefundable>
5-10 annual fee. The fee shall be based on the size and type of a
5-11 location, as defined by department rule, where a nursery dealer or
5-12 nursery agent offers a nursery product for sale or lease.
5-13 SECTION 14. Subsection (a), Section 76.044, Agriculture
5-14 Code, is amended to read as follows:
5-15 (a) A <nonrefundable> fee of $100 for each pesticide to be
5-16 registered must be submitted with an application for registration
5-17 or renewal of registration.
5-18 SECTION 15. Subsection (a), Section 76.073, Agriculture
5-19 Code, is amended to read as follows:
5-20 (a) An application for a pesticide dealer license must be
5-21 accompanied by an <a nonrefundable> annual registration fee of not
5-22 more than $100, as fixed by the department.
5-23 SECTION 16. Subsection (c), Section 76.106, Agriculture
5-24 Code, is amended to read as follows:
5-25 (c) Each regulatory agency may charge a <nonrefundable>
5-26 testing fee of not more than $20 for testing in each license use
5-27 category.
6-1 SECTION 17. Subsection (b), Section 76.108, Agriculture
6-2 Code, is amended to read as follows:
6-3 (b) A person shall apply for an original or renewal
6-4 commercial applicator license on forms prescribed by the regulatory
6-5 agency. The application shall include information as required by
6-6 rule of the head of the agency and must be accompanied by an <a
6-7 nonrefundable> annual license fee of no more than $150, as fixed by
6-8 the head of the agency.
6-9 SECTION 18. Subsection (b), Section 76.109, Agriculture
6-10 Code, is amended to read as follows:
6-11 (b) A person shall apply for an original or renewal
6-12 noncommercial applicator license on forms prescribed by the
6-13 regulatory agency. A nongovernmental applicant shall include with
6-14 the application an <a nonrefundable> annual license fee of not more
6-15 than $100, as fixed by the head of the regulatory agency. A
6-16 regulatory agency may not charge a governmental entity applicant a
6-17 license fee.
6-18 SECTION 19. Subsection (e), Section 76.112, Agriculture
6-19 Code, is amended to read as follows:
6-20 (e) A person shall apply for an original or renewal private
6-21 applicator license on forms prescribed by the regulatory agency.
6-22 The application shall include information as required by agency
6-23 rule and must be accompanied by a <nonrefundable> fee of $50.
6-24 SECTION 20. The importance of this legislation and the
6-25 crowded condition of the calendars in both houses create an
6-26 emergency and an imperative public necessity that the
6-27 constitutional rule requiring bills to be read on three several
7-1 days in each house be suspended, and this rule is hereby suspended,
7-2 and that this Act take effect and be in force from and after its
7-3 passage, and it is so enacted.