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.
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