1-1     By:  Flores (Senate Sponsor - Lucio)                  H.B. No. 2407
 1-2           (In the Senate - Received from the House April 19, 1999;
 1-3     April 20, 1999, read first time and referred to Committee on
 1-4     Natural Resources; May 7, 1999, reported favorably by the following
 1-5     vote:  Yeas 6, Nays 0; May 7, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the handling and marketing of vegetables and  fruit and
 1-9     to the payment of claims from the Produce Recovery  Fund.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  The chapter heading for Chapter 101, Agriculture
1-12     Code, is amended to read as follows:
1-13       CHAPTER 101.  HANDLING AND MARKETING OF PERISHABLE COMMODITIES
1-14                                [VEGETABLES]
1-15           SECTION 2.  Section 101.001, Agriculture Code, is amended to
1-16     read as follows:
1-17           Sec. 101.001.  DEFINITIONS.  In this chapter:
1-18                 (1)  "Handle" means buy for resale, sell, offer to
1-19     sell, process, broker, or ship for the purpose of selling.
1-20                 (2)  "Packer" means a person who prepares or packs
1-21     perishable commodities [vegetables] for barter, sale, exchange, or
1-22     shipment.
1-23                 (3)  "Perishable commodity" means fresh produce grown
1-24     in Texas and generally considered a perishable vegetable or fruit.
1-25                 (4)  "Person" means an individual, partnership, group
1-26     of persons, corporation, or business unit.
1-27                 (5) [(4)]  "Producer" means a person who is engaged in
1-28     the business of growing or producing any perishable commodity
1-29     [vegetable].
1-30                 [(5)  "Vegetable" means fresh produce generally
1-31     considered a perishable vegetable, nut, or fruit, but does not
1-32     include a citrus fruit.]
1-33                 (6)  "Warehouseman" means a person who receives and
1-34     stores perishable commodities [vegetables] for compensation.
1-35           SECTION 3.  Section 101.002, Agriculture Code, is amended to
1-36     read as follows:
1-37           Sec. 101.002.  PERISHABLE COMMODITIES [VEGETABLES].  (a)
1-38     This chapter applies to perishable commodities [vegetables],
1-39     whether or not packed in ice or held in cold storage [but only if
1-40     grown in this state], and does not apply to perishable commodities
1-41     [vegetables] that have been manufactured into an article of food of
1-42     a different kind or character.
1-43           (b)  For purposes of this section, the effects of the
1-44     following operations do not change a perishable commodity
1-45     [vegetable] into an article of food of a different kind or
1-46     character: freezing; water or steam blanching; shelling; chopping;
1-47     adding color; curing; cutting; dicing; drying for the removal of
1-48     surface moisture; fumigating; gassing; heating for necessary
1-49     control; ripening; coloring; removal of seeds, pits, stems,
1-50     calyxes, husks, pods, rinds, skins, peels, or similar items;
1-51     trimming; washing with or without chemicals; waxing; adding sugar
1-52     or other sweetening agents; adding ascorbic acids or other agents
1-53     used to retard oxidation; mixing with several kinds of sliced,
1-54     chopped, or diced perishable commodities [vegetables] for packaging
1-55     in any type of container; or any comparable method of preparation.
1-56           SECTION 4.  Section 101.003, Agriculture Code, is amended to
1-57     read as follows:
1-58           Sec. 101.003.  LICENSE REQUIRED.                 (a)  Except
1-59     as otherwise provided by this section, a person may not handle
1-60     perishable commodities [vegetables grown in this state], as owner,
1-61     agent, or otherwise, without a license or an identification card
1-62     issued by the department.
1-63           (b)  This section does not apply to:
1-64                 (1)  a retailer, unless the retailer:
 2-1                       (A)  has annual sales of perishable commodities
 2-2     [vegetables and citrus fruit] that comprise 50 [75] percent or more
 2-3     of the retailer's total sales; or
 2-4                       (B)  employs a buying agent who buys directly
 2-5     from a producer; [or]
 2-6                 (2)  a producer who handles or deals exclusively in the
 2-7     producer's own products;
 2-8                 (3)  a person shipping less than six standard boxes of
 2-9     citrus fruit in any one separate shipment; or
2-10                 (4)  a person who ships a noncommercial shipment of
2-11     perishable commodities.
2-12           [(c)  A person who holds a license under this section is also
2-13     considered, without paying an additional fee, to hold a license or
2-14     be registered under Section 102.003 of this code.]
2-15           SECTION 5.  Section 101.004, Agriculture Code, is amended to
2-16     read as follows:
2-17           Sec. 101.004.  LICENSE OR REGISTRATION CATEGORIES.  (a)  [A
2-18     person who is required by Section 101.003 of this code to be
2-19     licensed or registered shall apply to the department for the
2-20     appropriate category described by this section that is appropriate
2-21     to the actions of the person.]
2-22           [(b)]  A person shall apply for a license if the person:
2-23                 (1)  purchases perishable commodities [vegetables] on
2-24     credit;
2-25                 (2)  takes possession of perishable commodities
2-26     [vegetables] for consignment or handling on behalf of the producer
2-27     or owner of the perishable commodities [vegetables]; or
2-28                 (3)  takes possession of perishable commodities
2-29     [vegetables] for consignment or handling in a manner or under a
2-30     contract that does not require or result in payment to the
2-31     producer, seller, or consignor of the full amount of the purchase
2-32     price in United States currency at the time of delivery or at the
2-33     time that the perishable commodities [vegetables] pass from the
2-34     producer, seller, or consignor to the person.
2-35           (b) [(c)]  A person shall register as a cash dealer if the
2-36     person purchases perishable commodities [vegetables] and pays for
2-37     the perishable commodities [vegetables] in United States currency
2-38     before or at the time of delivery or taking possession.
2-39           SECTION 6.  Section 101.005, Agriculture Code, is amended to
2-40     read as follows:
2-41           Sec. 101.005.  APPLICATION FOR LICENSE.  (a)  A person
2-42     required under Section 101.003 of this code to be licensed or
2-43     registered shall apply to the department on a form furnished by the
2-44     department.  The applicant shall provide [application must be made
2-45     under oath and contain] the following information and certify that
2-46     the information provided is true and correct:
2-47                 (1)  the full name of the applicant and whether the
2-48     applicant is an individual, partnership, corporation, exchange, or
2-49     association;
2-50                 (2)  the full name and address of the principal
2-51     business office of the applicant;
2-52                 (3)  the address of the applicant's principal business
2-53     office in this state;
2-54                 (4)  if the applicant is a foreign corporation, the
2-55     state in which the corporation is chartered and the name and
2-56     address of a registered [an] agent in this state for service of
2-57     legal process; and
2-58                 (5)  the length of time that the applicant has been
2-59     engaged in business in this state.
2-60           (b)  In addition to providing the information under
2-61     Subsection (a) of this section, each applicant shall answer the
2-62     following questions on the application:
2-63                 (1)  "Have you previously been licensed by [in] this
2-64     state or the United States Department of Agriculture (USDA) to
2-65     handle perishable commodities [vegetables]?"
2-66                 (2)  "If you answered that you have been previously
2-67     licensed, has any license issued to you by [in] this state or the
2-68     USDA ever been suspended or revoked?"
2-69                 (3)  "If you have answered that a license issued to you
 3-1     by [in] this state or by the USDA has been suspended or revoked,
 3-2     when, where, and for what reason was the license suspended or
 3-3     revoked?"
 3-4           (c)  An applicant's failure to truthfully and accurately
 3-5     provide the information required by Subsections (a) and (b) is a
 3-6     violation for purposes of administrative penalty action and may
 3-7     result in denial of an application.
 3-8           SECTION 7.  Section 101.006, Agriculture Code, as amended by
 3-9     Chapters 269 and 419, Acts of the 74th Legislature, Regular
3-10     Session, 1995, is reenacted and amended to read as follows:
3-11           Sec. 101.006.  LICENSE FEE.  (a)  Except as otherwise
3-12     provided by this section, a person applying for a license shall
3-13     include with the license application a refundable license fee, as
3-14     provided by department rule.
3-15           (b)  The department shall charge a registration [license] fee
3-16     for a cash dealer as provided by department rule [is $25].
3-17           [(c)  Except as otherwise provided by this section, a person
3-18     who applies for a license as a commission merchant or retailer
3-19     under both this chapter and Chapter 102 of this code is entitled to
3-20     pay a single license fee, as provided by department rule of $75.
3-21     The person's license shall reflect that the person is licensed to
3-22     handle both citrus fruit and vegetables.]
3-23           [(d)  A person who applies for a license under Subsection (b)
3-24     of this section and Subsection (b) of Section 102.006 of this code
3-25     is entitled to pay a single license fee, as provided by department
3-26     rule of $25.  The person's license shall reflect that the person is
3-27     licensed to handle both citrus fruit and vegetables.]
3-28           SECTION 8.  Sections 101.007(a) and (c), Agriculture Code,
3-29     are amended to read as follows:
3-30           (a)  Except as otherwise provided by this section, the
3-31     department shall [immediately] issue a license to an applicant who:
3-32                 (1)  tenders an application;
3-33                 (2)  pays the license fee, if required; and
3-34                 (3)  pays the appropriate fee to the produce recovery
3-35     fund under Chapter 103 of this code, if required.
3-36           (c)  The department may refuse to issue a license under this
3-37     section if the department determines that a license previously
3-38     issued [under this section] to the applicant was revoked or
3-39     suspended or that the applicant has engaged in conduct for which a
3-40     license could have been revoked or suspended.  In determining
3-41     whether to refuse to issue a license under this section, the
3-42     department may consider:
3-43                 (1)  the facts and circumstances pertaining to a prior
3-44     suspension or revocation;
3-45                 (2)  the financial condition of the applicant as of the
3-46     date of the application;
3-47                 (3)  any judgment by a court of this state that is
3-48     outstanding against the applicant and is due and owing to a
3-49     licensee, grower, or producer of perishable commodities
3-50     [vegetables]; and
3-51                 (4)  any certified claim against the applicant by a
3-52     licensee, grower, or producer of perishable commodities
3-53     [vegetables] that is under consideration by the department.
3-54           SECTION 9.  Section 101.010(a), Agriculture Code, is amended
3-55     to read as follows:
3-56           (a)  In accordance with the rules of the department, a
3-57     license holder may apply to the department for a reasonable number
3-58     of identification cards for:
3-59                 (1)  transporting agents to act for the license holder
3-60     in the transporting of perishable commodities [vegetables]; and
3-61                 (2)  buying agents to act for the license holder in any
3-62     act requiring licensing under Section 101.003 of this code.
3-63           SECTION 10.  Section 101.011, Agriculture Code, is amended to
3-64     read as follows:
3-65           Sec. 101.011.  LICENSE OR IDENTIFICATION CARD NOT ASSIGNABLE.
3-66     A license or identification card is not assignable[, and any
3-67     attempt to assign voids the license or card].
3-68           SECTION 11.  Sections 101.013(a) and (c), Agriculture Code,
3-69     are amended to read as follows:
 4-1           (a)  If a licensee causes a producer, seller, or owner, or an
 4-2     agent of a producer, seller, or owner, to part with control or
 4-3     possession of all or any part of the person's perishable
 4-4     commodities [vegetables] and agrees by contract of purchase to pay
 4-5     the purchase price  on demand following delivery, the licensee
 4-6     [dealer] shall make payment immediately on demand.
 4-7           (c)  If the producer, seller, owner, or agent waives the
 4-8     right to payment of purchase price on demand, the contract for the
 4-9     handling, purchase, or sale of the perishable commodities
4-10     [vegetables] must be in writing.  The parties shall prepare the
4-11     contract in duplicate and set out in the contract the full details
4-12     of the transaction.  If the contract does not specify the time and
4-13     manner of settlement, the licensee shall pay the full amount called
4-14     for by the contract directly to the producer, seller, owner, or
4-15     agent before the 31st day following the day of delivery of the
4-16     perishable commodities [vegetables] into the licensee's control.
4-17           SECTION 12.  Section 101.014, Agriculture Code, is amended to
4-18     read as follows:
4-19           Sec. 101.014.  COMMISSION OR SERVICE CHARGE IN CONTRACT.  If
4-20     a licensee handles perishable commodities [vegetables] by
4-21     guaranteeing a producer or owner a minimum price and handles the
4-22     perishable commodities [vegetables]  on the account of the producer
4-23     or owner, the licensee shall include in the contract with the
4-24     producer or owner the maximum amount that the licensee will charge
4-25     for commission, service, or both, in connection with the perishable
4-26     commodities [vegetables] handled.
4-27           SECTION 13.  Section 101.015, Agriculture Code, is amended to
4-28     read as follows:
4-29           Sec. 101.015.  SETTLEMENT ON GRADE AND QUALITY.  (a)  Except
4-30     as otherwise provided by this section, a licensee shall settle with
4-31     the producer or seller of perishable commodities [vegetables] on
4-32     the basis of the grade and quality that is referred to in the
4-33     contract under which the licensee obtained possession or control of
4-34     the perishable commodities [vegetables].
4-35           (b)  If the perishable commodities [vegetables] have been
4-36     inspected by a state or federal inspector in this state and found
4-37     to be of a different grade or quality than that referred to in the
4-38     contract, the licensee shall settle with the producer or seller of
4-39     the perishable commodities [vegetables] on the basis of the grade
4-40     and quality determined by the inspector.
4-41           (c)  This section does not prevent parties, instead of an
4-42     inspection, from agreeing in writing that the grade or quality of
4-43     the perishable commodities [vegetables] were different from that
4-44     referred to in the contract.
4-45           (d)  Failure of a licensee to settle with a producer or
4-46     seller on grade and quality in the manner provided by this section
4-47     is a ground for revocation of the licensee's license.
4-48           [(e)  This section does not apply to vegetables that are
4-49     obtained and handled by a licensee solely on a consignment basis
4-50     without a price guarantee.]
4-51           SECTION 14.  Chapter 101, Agriculture Code, is amended by
4-52     adding Section 101.0151 to read as follows:
4-53           Sec. 101.0151.  BUYING OR SELLING BY WEIGHT.  A licensee who
4-54     buys or sells perishable  commodities by weight shall weigh or have
4-55     the perishable commodities weighed on scales that meet state
4-56     requirements.
4-57           SECTION 15.  Section 101.016, Agriculture Code, is amended to
4-58     read as follows:
4-59           Sec. 101.016.  RECORDS OF PURCHASE.  (a)  A licensee or a
4-60     packer, processor, or warehouseman may not receive or handle
4-61     perishable commodities [vegetables] without requiring the person
4-62     from whom the perishable commodities [vegetables] are purchased or
4-63     received to furnish a statement in writing showing:
4-64                 (1)  the owner of the perishable commodities
4-65     [vegetables];
4-66                 (2)  the grower of the perishable commodities
4-67     [vegetables];
4-68                 (3)  the approximate location of the land on which the
4-69     perishable commodities [vegetables] were grown;
 5-1                 (4)  the date the perishable commodities [vegetables]
 5-2     were gathered; and
 5-3                 (5)  by whose authority the perishable commodities
 5-4     [vegetables] were gathered.
 5-5           (b)  The licensee, packer, processor, or warehouseman shall
 5-6     keep records of statements furnished under Subsection (a) [of this
 5-7     section] in a permanent book or folder for a minimum of three years
 5-8     from the date of the transaction and shall make the records
 5-9     available for [to] inspection by any interested party.
5-10           (c)  The licensee, packer, handler, or warehouseman shall:
5-11                 (1)  prepare a receipt detailing the quantity of
5-12     perishable commodities received from the producer or owner at the
5-13     time of receipt of the commodities; and
5-14                 (2)  on request, provide the receipt to the producer or
5-15     owner.
5-16           (d)  The department periodically may investigate licensees or
5-17     persons alleged to be selling perishable commodities in violation
5-18     of this chapter and, without notice, may require evidence of
5-19     purchase of any perishable commodities in a person's possession.
5-20           SECTION 16.  Section 101.017, Agriculture Code, is amended to
5-21     read as follows:
5-22           Sec. 101.017.  RECORD OF SALE.  (a) Except for a retailer
5-23     [Unless otherwise agreed to in writing by a licensee and the owner
5-24     of the vegetables], a licensee [who handles vegetables on a
5-25     consignment or commission basis] shall maintain for each sale [, on
5-26     demand of the owner, seller, or agent of the owner or seller,
5-27     furnish] a complete and accurate record showing:
5-28                 (1)  the date of sale of the perishable commodities
5-29     [vegetables];
5-30                 (2)  the person to whom the perishable commodities
5-31     [vegetables] were sold;
5-32                 (3)  the grade and selling price of the perishable
5-33     commodities [vegetables]; and
5-34                 (4)  an itemized statement of expenses of any kind or
5-35     character incurred in the sale or handling of the perishable
5-36     commodities [vegetables], including the amount of the commission to
5-37     the licensee.
5-38           (b)  On demand of the department or of an owner, seller, or
5-39     agent of the owner or seller, the [The] licensee shall furnish the
5-40     information demanded [under this section] before the 11th day
5-41     following the date of demand [by the owner, seller, or agent].
5-42           (c)  A licensee shall maintain the information required to be
5-43     kept by this section for at least three years after the date of
5-44     sale.
5-45           SECTION 17.  Section 101.018, Agriculture Code, is amended by
5-46     amending Subsection (b) and adding Subsection (d) to read as
5-47     follows:
5-48           (b)  For the purpose of conducting an investigation under
5-49     this section, the department is entitled to free and unimpeded
5-50     access at all times to all books, records, buildings, yards,
5-51     warehouses, storage facilities, transportation facilities, and
5-52     other facilities or places in which perishable commodities
5-53     [vegetables] are kept, stored, handled, processed, or transported.
5-54           (d)  Failure to provide access to records for purposes of
5-55     examination, as required by Subsections (b) and (c), is a violation
5-56     for purposes of assessment of administrative penalties.
5-57           SECTION 18.  Section 101.019, Agriculture Code, is amended to
5-58     read as follows:
5-59           Sec. 101.019.  VENUE OF CIVIL OR CRIMINAL ACTION.  The venue
5-60     of a civil action or criminal prosecution instituted under this
5-61     chapter is in the county in which the violation occurred, is
5-62     occurring, or is threatened or in which the perishable commodities
5-63     [vegetables] were received by the licensee, packer, or
5-64     warehouseman.
5-65           SECTION 19.  Section 101.020(a), Agriculture Code, is amended
5-66     to read as follows:
5-67           (a)  A person commits an offense if the person:
5-68                 (1)  acts in violation of Section 101.003 [of this
5-69     code] by not obtaining a license or registration or after receiving
 6-1     notice of cancellation of a license or registration;
 6-2                 (2)  acts or assumes to act as a transporting agent or
 6-3     buying agent:
 6-4                       (A)  without first obtaining an identification
 6-5     card; or
 6-6                       (B)  after receiving notice of cancellation of an
 6-7     identification card;
 6-8                 (3)  as a transporting agent or buying agent, fails and
 6-9     refuses to turn over to the department an identification card in
6-10     accordance with Section 101.010(e) [of this code];
6-11                 (4)  as a license holder, fails to furnish information
6-12     under Section 101.017 [of this code] before the 11th day following
6-13     the date of demand;
6-14                 (5)  as a license holder, fails to settle with a
6-15     producer or seller on the grade and quality of perishable
6-16     commodities [vegetables] in the manner provided by Section 101.015
6-17     [of this code];
6-18                 (6)  as a cash dealer, pays for perishable commodities
6-19     [vegetables] by a means other than United States currency;
6-20                 (7)  as a license holder, transporting agent, or buying
6-21     agent, violates a provision of this chapter; [or]
6-22                 (8)  acts or assumes to act as a cash dealer without
6-23     first registering as a cash dealer;
6-24                 (9)  as a license holder, buys or sells perishable
6-25     commodities by weight and does not have the perishable commodities
6-26     weighed on scales that meet state requirements;
6-27                 (10)  fails to prepare and maintain records required by
6-28     Sections 101.016, 101.017, and 101.018; or
6-29                 (11)  fails to provide records as required by Sections
6-30     101.016 and 101.018.
6-31           SECTION 20.  Sections 103.002(a), (b), and (c), Agriculture
6-32     Code, are amended to read as follows:
6-33           (a)  The produce recovery fund is a special trust fund with
6-34     the comptroller administered by the department, without
6-35     appropriation, for the payment of claims against license holders
6-36     [commission merchants] and retailers licensed under Chapter 101 [or
6-37     102 of this code].
6-38           (b)  Fees collected under Section 101.008[, 102.008,] or
6-39     103.011 [of this code] and 50 percent of the fines collected under
6-40     Section 101.020[, 102.021,] or 103.013 [of the code] shall be
6-41     deposited in the fund.
6-42           (c)  The clerk of the county court or county court-at-law and
6-43     the custodian of the county treasury funds shall keep separate
6-44     records of all fines collected under Section 101.020[, 102.021,] or
6-45     103.013 [of this code].  On the first day of each January, April,
6-46     July, and October, the custodian of the funds in the county
6-47     treasury shall remit 50 percent of the fines collected under those
6-48     sections to the comptroller of public accounts and the comptroller
6-49     shall deposit that amount in the fund.
6-50           SECTION 21.  Section 103.003(a), Agriculture Code, is amended
6-51     to read as follows:
6-52           (a)  The Produce Recovery Fund Board is composed of six
6-53     members appointed by the governor with the advice and consent of
6-54     the senate.  Two members must be producers, two must be license
6-55     holders [commission merchants or retailers] licensed under Chapter
6-56     101 [or 102 of this code], and two must be members of the general
6-57     public.
6-58           SECTION 22.  Section 103.005(a), Agriculture Code, is amended
6-59     to read as follows:
6-60           (a)  A person who deals with a license holder under Chapter
6-61     101 [or 102 of this code] in the purchasing, handling, selling, and
6-62     accounting for sales of vegetables or citrus fruit and who is
6-63     aggrieved by an action of the license holder as a result of a
6-64     violation of terms or conditions of a contract made by the license
6-65     holder for the sale of Texas-grown produce may initiate a claim
6-66     against the fund by filing with the department:
6-67                 (1)  a sworn complaint against the license holder; and
6-68                 (2)  a filing fee, as provided by department rule.
6-69           SECTION 23.  Sections 103.008(a), (b), (c), (d), and (e),
 7-1     Agriculture Code, are amended to read as follows:
 7-2           (a)  In making payments from the fund the department can pay
 7-3     the aggrieved party all of the first $2,000 [$1,000] of any claim
 7-4     and no more than 70 [60] percent of the claim above $2,000
 7-5     [$1,000].
 7-6           (b)  The total payment of all claims arising from the same
 7-7     contract with a license holder may not exceed $35,000 [$20,000].
 7-8           (c)  The total payment of claims against a single license
 7-9     holder may not exceed $85,000  [$50,000] in any one calendar year.
7-10           (d)  The department may not pay a claim against:
7-11                 (1)  a person who was not licensed on the date the
7-12     contract on which the claim is based was entered into; or
7-13                 (2)  a cash dealer registered [licensed] under Chapter
7-14     101 [or 102 of this code].
7-15           (e)  Payments from the fund during a fiscal year may not
7-16     exceed two times the average amount of money deposited into the
7-17     fund during the previous three [that] fiscal years [year], except
7-18     that surplus funds remaining at the end of each fiscal year are
7-19     available for the payment of claims during any succeeding year. In
7-20     no case shall payment of claims cause the balance of the fund to
7-21     fall below $100,000.
7-22           SECTION 24.  Section 103.009(c), Agriculture Code, is amended
7-23     to read as follows:
7-24           (c)  If the license holder does not reimburse the fund or pay
7-25     the aggrieved party, or does not agree to do so, in accordance with
7-26     this section, the department shall issue an order canceling the
7-27     license and may not issue a new license to that person for four
7-28     years from the date of cancellation.  If the license holder is a
7-29     corporation, an officer or director of the corporation or a person
7-30     owning more than 25 percent of the stock in the corporation  may
7-31     not be licensed under Chapter 101 [or 102 of this code] during the
7-32     four-year period in which the corporation is ineligible for
7-33     licensing.
7-34           SECTION 25.  Section 103.011, Agriculture Code, as amended by
7-35     Chapters 269 and 419, Acts of the 74th Legislature, Regular
7-36     Session, 1995, is reenacted and amended to read as follows:
7-37           Sec. 103.011.  FEE.  (a)         Except as otherwise provided
7-38     by this section, a license holder [commission merchant or retailer]
7-39     licensed under Chapter 101 [or 102 of this code] shall pay an
7-40     annual fee to the fund[,] as provided by department rule [of $200].
7-41           (b)  [A retailer who is licensed under Chapter 101 or 102 of
7-42     this code and whose annual purchases of vegetables and citrus fruit
7-43     are less than $15,000 a year shall pay an annual fee, as provided
7-44     by department rule.]
7-45           [(c)  A person who is required by Subsection (a) of this
7-46     section to pay a fee and who is licensed in one of those
7-47     classifications under both Chapters 101 and 102 of this code may
7-48     pay a single fee, as provided by department rule.  A person who is
7-49     required by Subsection (b) of this section to pay a fee and who is
7-50     licensed in that classification under both Chapters 101 and 102 of
7-51     this code may pay a single fee, as provided by department rule.]
7-52           [(d)]  A person registered as a cash dealer or a marketing
7-53     association organized under Chapter 52 [of this code] that handles
7-54     citrus fruit only for its members is exempt from payment of the fee
7-55     under this section.
7-56           (c) [(e)]  The fee required by Subsection (a) is in addition
7-57     to any licensing fee paid and is due at the time of making the
7-58     license application.  The department may not issue a license to a
7-59     person who fails to pay the fee.
7-60           SECTION 26.  Section 103.013(a), Agriculture Code, is amended
7-61     to read as follows:
7-62           (a)  A person commits an offense if the person acts or
7-63     assumes to act as a license holder under Chapter 101 [or 102 of
7-64     this code] without first paying the fee required by this chapter.
7-65           SECTION 27.  Subchapter A, Chapter 102, Agriculture Code, is
7-66     repealed.
7-67           SECTION 28.  (a)  This Act takes effect September 1, 1999.
7-68           (b)  Section 101.005, Agriculture Code, as amended by this
7-69     Act, applies only to an application made on or after the effective
 8-1     date of this Act.  An application that is made before the effective
 8-2     date of this Act is governed by the law as it existed immediately
 8-3     before the effective date of this Act, and the former law is
 8-4     continued in effect for that purpose.
 8-5           (c)  Section 103.008, Agriculture Code, as amended by this
 8-6     Act, applies only to a claim made on or after the effective date of
 8-7     this Act.  A claim that is made before the effective date of this
 8-8     Act is governed by the law as it existed immediately before the
 8-9     effective date of this Act, and the former law is continued in
8-10     effect for that purpose.
8-11           SECTION 29.  The importance of this legislation and the
8-12     crowded condition of the calendars in both houses create an
8-13     emergency and an imperative public necessity that the
8-14     constitutional rule requiring bills to be read on three several
8-15     days in each house be suspended, and this rule is hereby suspended.
8-16                                  * * * * *