1-1 By: Bivins S.B. No. 1117
1-2 (In the Senate - Filed March 9, 1995; March 15, 1995, read
1-3 first time and referred to Committee on Natural Resources;
1-4 March 28, 1995, reported favorably by the following vote: Yeas 10,
1-5 Nays 1; March 28, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the refund of license and registration fees by the
1-9 Department of Agriculture.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 12, Agriculture Code, is amended by
1-12 adding Section 12.032 to read as follows:
1-13 Sec. 12.032. REFUND OF FEES. The department by rule may
1-14 provide for the full or partial refund of a fee collected by the
1-15 department.
1-16 SECTION 2. Subsection (b), Section 13.255, Agriculture Code,
1-17 is amended to read as follows:
1-18 (b) A state public weigher must submit a <nonrefundable> fee
1-19 of $400 with the application for a certificate of authority. A
1-20 county public weigher or a deputy public weigher must submit a
1-21 <nonrefundable> fee of $100 with the application for a certificate
1-22 of authority.
1-23 SECTION 3. Subsections (a) and (b), Section 13.304,
1-24 Agriculture Code, are amended to read as follows:
1-25 (a) An application for a license shall be submitted to the
1-26 department on a form prescribed by the department, accompanied by
1-27 an <a nonrefundable> annual license fee in an amount established by
1-28 department rule, not to exceed $200.
1-29 (b) A license issued under this subchapter expires on the
1-30 anniversary date of the person's test equipment calibration, as
1-31 such anniversary is defined by a department rule, and may be
1-32 renewed by filing with the department a renewal application form
1-33 prescribed by the department, accompanied by an <a nonrefundable>
1-34 annual license renewal fee in an amount established by department
1-35 rule, not to exceed $200.
1-36 SECTION 4. Subsections (a) and (b), Section 13.354,
1-37 Agriculture Code, are amended to read as follows:
1-38 (a) An application for a license shall be submitted to the
1-39 department on a form prescribed by the department, accompanied by
1-40 an <a nonrefundable> annual license fee in an amount established by
1-41 department rule, not to exceed $200.
1-42 (b) A license issued under this subchapter expires on the
1-43 anniversary date of the person's test equipment calibration, as
1-44 such anniversary is defined by department rule, and may be renewed
1-45 by filing with the department a renewal application form prescribed
1-46 by the department, accompanied by an <a nonrefundable> annual
1-47 license renewal fee in an amount established by department rule,
1-48 not to exceed $200.
1-49 SECTION 5. Subsection (b), Section 14.005, Agriculture Code,
1-50 is amended to read as follows:
1-51 (b) An applicant must file a separate application for each
1-52 license, renewal, or amendment and shall accompany each application
1-53 for a license or renewal with an <a nonrefundable> annual license
1-54 fee of $75. The department shall prescribe the information to be
1-55 contained in the application. A person who fails to submit a
1-56 renewal fee on or before the expiration date of the license must
1-57 pay, in addition to the renewal fee, the late fee provided by
1-58 Section 12.024 of this code.
1-59 SECTION 6. Subsection (b), Section 18.003, Agriculture Code,
1-60 is amended to read as follows:
1-61 (b) A person may apply for an organic certification, or a
1-62 renewal of an organic certification, by submitting an application
1-63 and an <a nonrefundable> annual fee prescribed by the department.
1-64 SECTION 7. Subsection (b), Section 18.004, Agriculture Code,
1-65 is amended to read as follows:
1-66 (b) A person may apply for a certificate of accreditation,
1-67 or a renewal of a certificate of accreditation, by submitting an
1-68 application and an <a nonrefundable> annual fee prescribed by the
2-1 department.
2-2 SECTION 8. Subsection (b), Section 57.103, Agriculture Code,
2-3 is amended to read as follows:
2-4 (b) The corporation may submit a transcript of proceedings
2-5 in connection with the issuance of the bonds to the board and
2-6 request that the board approve the bonds. On filing a request for
2-7 the board's approval of the bonds, the corporation shall pay to the
2-8 board a <nonrefundable> filing fee of $1,500. If the board refuses
2-9 to approve the bond issue solely on the basis of law, the
2-10 corporation may seek a writ of mandamus from the Supreme Court of
2-11 Texas.
2-12 SECTION 9. Subsection (d), Section 62.005, Agriculture Code,
2-13 is amended to read as follows:
2-14 (d) An application for licensing as a Foundation,
2-15 Registered, or Certified producer of seed or plants must be
2-16 accompanied by a <nonrefundable> license fee not to exceed $100, as
2-17 provided by department rule.
2-18 SECTION 10. Subsection (a), Section 62.006, Agriculture
2-19 Code, is amended to read as follows:
2-20 (a) A person engaging in the development, maintenance, or
2-21 production of seed or plants for which standards of genetic purity
2-22 and identity have been established by the board may apply to the
2-23 board for registration as a plant breeder. The applicant shall
2-24 apply on forms prescribed by the board and shall include with the
2-25 application a <nonrefundable> registration fee of not more than
2-26 $100, as determined by the board. To be registered as a plant
2-27 breeder, a person must satisfy the board that the person is skilled
2-28 in the science of plant breeding. The board may require skill to
2-29 be shown by evidence of accomplishments in the field and may
2-30 require an oral or written examination in the subject.
2-31 SECTION 11. Subsection (a), Section 64.006, Agriculture
2-32 Code, is amended to read as follows:
2-33 (a) A purchaser may begin arbitration by filing with the
2-34 commissioner a sworn complaint and a <nonrefundable> filing fee of
2-35 $10. The purchaser shall send a copy of the complaint to the
2-36 seller by certified mail. Except in the case of seed that has not
2-37 been planted, the complaint must be filed within the time necessary
2-38 to permit effective inspection of the plants under field
2-39 conditions.
2-40 SECTION 12. Subsection (b), Section 71.043, Agriculture
2-41 Code, is amended to read as follows:
2-42 (b) A florist or nursery owner may apply for registration or
2-43 renewal of registration by submitting an application prescribed by
2-44 the department and an <a nonrefundable> annual fee. The fee shall
2-45 be based on the size and type of a location, as defined by
2-46 department rule, where a florist or nursery owner grows for sale or
2-47 lease or offers for sale or lease a florist item or nursery
2-48 product.
2-49 SECTION 13. Subsection (e), Section 71.057, Agriculture
2-50 Code, is amended to read as follows:
2-51 (e) A nursery dealer or nursery agent may apply for
2-52 registration or renewal of registration by submitting an
2-53 application prescribed by the department and an <a nonrefundable>
2-54 annual fee. The fee shall be based on the size and type of a
2-55 location, as defined by department rule, where a nursery dealer or
2-56 nursery agent offers a nursery product for sale or lease.
2-57 SECTION 14. Subsection (a), Section 76.044, Agriculture
2-58 Code, is amended to read as follows:
2-59 (a) A <nonrefundable> fee of $100 for each pesticide to be
2-60 registered must be submitted with an application for registration
2-61 or renewal of registration.
2-62 SECTION 15. Subsection (a), Section 76.073, Agriculture
2-63 Code, is amended to read as follows:
2-64 (a) An application for a pesticide dealer license must be
2-65 accompanied by an <a nonrefundable> annual registration fee of not
2-66 more than $100, as fixed by the department.
2-67 SECTION 16. Subsection (c), Section 76.106, Agriculture
2-68 Code, is amended to read as follows:
2-69 (c) Each regulatory agency may charge a <nonrefundable>
2-70 testing fee of not more than $20 for testing in each license use
3-1 category.
3-2 SECTION 17. Subsection (b), Section 76.108, Agriculture
3-3 Code, is amended to read as follows:
3-4 (b) A person shall apply for an original or renewal
3-5 commercial applicator license on forms prescribed by the regulatory
3-6 agency. The application shall include information as required by
3-7 rule of the head of the agency and must be accompanied by an <a
3-8 nonrefundable> annual license fee of no more than $150, as fixed by
3-9 the head of the agency.
3-10 SECTION 18. Subsection (b), Section 76.109, Agriculture
3-11 Code, is amended to read as follows:
3-12 (b) A person shall apply for an original or renewal
3-13 noncommercial applicator license on forms prescribed by the
3-14 regulatory agency. A nongovernmental applicant shall include with
3-15 the application an <a nonrefundable> annual license fee of not more
3-16 than $100, as fixed by the head of the regulatory agency. A
3-17 regulatory agency may not charge a governmental entity applicant a
3-18 license fee.
3-19 SECTION 19. Subsection (e), Section 76.112, Agriculture
3-20 Code, is amended to read as follows:
3-21 (e) A person shall apply for an original or renewal private
3-22 applicator license on forms prescribed by the regulatory agency.
3-23 The application shall include information as required by agency
3-24 rule and must be accompanied by a <nonrefundable> fee of $50.
3-25 SECTION 20. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
3-28 constitutional rule requiring bills to be read on three several
3-29 days in each house be suspended, and this rule is hereby suspended,
3-30 and that this Act take effect and be in force from and after its
3-31 passage, and it is so enacted.
3-32 * * * * *