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 * * * * *