By Brown                                        S.B. No. 1583

      75R8727 SKB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of certain livestock feeds by the Texas

 1-3     Agricultural Experiment Station.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 141.002, Agriculture Code, is amended by

 1-6     amending Subsection (c) and adding Subsection (e) to read as

 1-7     follows:

 1-8           (c)  The following are not commercial feeds subject to this

 1-9     chapter:

1-10                 (1)  unground hay not containing toxins or chemical

1-11     adulterants;

1-12                 (2)  [whole grain or whole seed not containing toxins

1-13     or chemical adulterants;]

1-14                 [(3)]  unadulterated cotton plant by-products or any

1-15     unadulterated hulls;

1-16                 (3) [(4)]  a feed product produced and sold by a

1-17     farmer;

1-18                 (4) [(5)]  a feed mixed and used by a person who

1-19     contracts with the owner of animals to care for and feed the

1-20     animals;

1-21                 (5) [(6)]  an individual mineral substance not mixed

1-22     with another material;

1-23                 (6) [(7)]  a material furnished by a purchaser for use

1-24     in a customer-formula feed that was produced by the purchaser or

 2-1     acquired by the purchaser from a source other than the person whose

 2-2     services are engaged in the milling, mixing, or processing of a

 2-3     customer-formula feed; or

 2-4                 (7) [(8)]  a feed or feed ingredient handled by a

 2-5     broker.

 2-6           (e)  A material that is not otherwise a commercial feed under

 2-7     this chapter does not become a commercial feed subject to this

 2-8     chapter solely because of the application of a chemical or other

 2-9     additive to inhibit the growth of fungi or to prevent the

2-10     development of mycotoxins if the application conforms to rules

2-11     adopted by the director under this subsection.  The director by

2-12     rule shall determine the type and concentration of additive

2-13     allowable under this subsection.

2-14           SECTION 2.  Section 141.071, Agriculture Code, is amended by

2-15     adding Subsection (g) to read as follows:

2-16           (g)  A person is not required to pay an inspection fee on

2-17     whole grain or whole seed that does not contain toxins or chemical

2-18     adulterants.

2-19           SECTION 3.  This Act takes effect September 1, 1997.

2-20           SECTION 4.  The importance of this legislation and the

2-21     crowded condition of the calendars in both houses create an

2-22     emergency and an imperative public necessity that the

2-23     constitutional rule requiring bills to be read on three several

2-24     days in each house be suspended, and this rule is hereby suspended.