DME S.B. 372 75(R) BILL ANALYSIS AGRICULTURE & LIVESTOCK S.B. 372 By: Armbrister (Walker) 5-6-97 Committee Report (Unamended) 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.