DME H.B. 2754 75(R)BILL ANALYSIS
AGRICULTURE & LIVESTOCK
H.B. 2754
By: Walker
4-15-97
Committee Report (Substituted)
BACKGROUND
During the 74th Legislative Session, SB 372 was passed to implement the
Sunset Commission's recommendations for the Texas Department of
Agriculture (TDA). After reviewing the amended Agricultural Code, the
agency has determined that additional changes are needed to clarify the
legislative intent of certain provisions of SB 372, create consistency
among existing provisions, and provide additional clean-up of the
Agriculture Code.
PURPOSE
This legislation amends the Texas Department of Agriculture's regulatory
authority in several areas relating to public warehousemen, organic
certification, rose grading, citrus and vegetable plants, the
establishment of quarantines, and inspection fees. Repeals provisions of
the Agriculture Code, including chapters relating to the registering and
testing of alcohol fuels and equipment and brake fluid regulation.
RULEMAKING AUTHORITY
It is the Committee's opinion that this bill expressly grants additional
rulemaking authority to the Texas Department of Agriculture (TDA) under
SECTION 9 (Section 73.004, Agriculture Code)
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 14.201(1), Agriculture Code, to delete a portion
of the definition of "public warehouseman", such that it pertains only to
agricultural warehouses.
SECTION 2. Amends Section 14.203(a), Agriculture Code, to make the TDA's
appointment of warehouse examiners permissive rather than mandatory.
SECTION 3. Amends Section 18.003(c), Agriculture Code, to allow TDA
flexibility in setting the length and expiration date of organic
certification.
SECTION 4. Amends Section 71.0091(d), Agriculture Code, to include "treat"
in reference to actions of owners of citrus plants seized by the TDA.
SECTION 5. Amends Section 71.010(a), Agriculture Code, to clarify that a
person has up to ten days from the latest action to give the TDA notice of
appeal to district court of a quarantine or department order to destroy
property.
SECTION 6. Amends Section 71.103(a), Agriculture Code, to allow the TDA to
determine if vegetable plants are free of injurious pests in order to
issue state certification.
SECTION 7. Amends Section 71.110(a), Agriculture Code, to prescribe
growers to eliminate injurious pests from plants.
SECTION 8. Amends Section 71.114(b), Agriculture Code, to delete the
specified number of acres of vegetable plants an inspection fee may be
collected for.
SECTION 9. Amends Section 73.004, Agriculture Code, to allow the TDA to
determine by rule which diseases and pests are injurious rather than
specifically listing them in statute.
SECTION 10. Amends Subchapter A, Chapter 74, Agriculture Code, by changing
the heading from "Boll Weevil" Control to "Cotton Pest" Control.
SECTION 11. Amends Section 121.004, Agriculture Code, to prescribe the TDA
to issue a certificate of authority to persons determining or influencing
the grade of rose plants, rather than to persons who sell them. Requires a
certification fee and deletes certain fee exemptions.
SECTION 12. Amends Section 121.007, Agriculture Code, by deleting the
requirement that the TDA hold public hearings and have Attorney General
approval before adopting rose grading rules. Deletes the requirement that
rules be published in pamphlet form.
SECTION 13. Repeals the following portions of the Agriculture Code:
Section 12.005 relates to the requirement that the TDA investigate
subsoiling, drainage, and irrigation in the state.
Section 14.107(c) prescribes the TDA to collect a filing fee, as provided
by department rule, for the certificate of qualification for officers or
employees of agriculture warehouse corporations. During the 74th Session,
SB 372 repealed 14.107(a,b, & d), but left (c).
Section 14.118(c) prescribes the TDA to collect a fee for examining a
warehouse corporation's affairs. During the 74th Session, SB 372 repealed
14.118(a,b, & d), but left (c).
Section 16.002(c) prescribes a person registering antifreeze to pay a fee
for each brand of antifreeze sold. During the 74th Session, SB 372
repealed 16.002 (a, b & d) but left (c).
Chapter 17 relates to testing and registering alcohol fuels and fuel
alcohol equipment.
Chapter 19 relates to brake fluid regulation. This does not include
repealing Chapter 19 relating to the citrus budwood certification program.
Section 74.090 relates to the TDA collecting escrow fees on cotton
accounts.
SECTION 14. Emergency clause. Effective upon passage.
COMPARISON OF ORIGINAL TO SUBSTITUTE
In SECTION 8, language, specifying the number of acres of vegetable plants
an inspection fee can be collected for, is deleted. This allows the TDA
to collect an inspection fee for any number of acres inspected.
In SECTION 13, the substitute clarifies which Chapter 19 is deleted.
During the 74th Session, SB 372 repealed the chapter on brake fluid
regulation, and SB 359 put it back in.