By Lucio S.B. No. 992
76R6527 DB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the handling and marketing of vegetables and fruit and
1-3 to the payment of claims from the Produce Recovery Fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The chapter heading for Chapter 101, Agriculture
1-6 Code, is amended to read as follows:
1-7 CHAPTER 101. HANDLING AND MARKETING OF PERISHABLE COMMODITIES
1-8 [VEGETABLES]
1-9 SECTION 2. Section 101.001, Agriculture Code, is amended to
1-10 read as follows:
1-11 Sec. 101.001. DEFINITIONS. In this chapter:
1-12 (1) "Handle" means buy for resale, sell, offer to
1-13 sell, process, broker, or ship for the purpose of selling.
1-14 (2) "Packer" means a person who prepares or packs
1-15 perishable commodities [vegetables] for barter, sale, exchange, or
1-16 shipment.
1-17 (3) "Perishable commodity" means fresh produce grown
1-18 in Texas and generally considered a perishable vegetable or fruit.
1-19 (4) "Person" means and an individual, partnership,
1-20 group of persons, corporation, or business unit.
1-21 (5) [(4)] "Producer" means a person who is engaged in
1-22 the business of growing or producing any perishable commodity
1-23 [vegetable].
1-24 [(5) "Vegetable" means fresh produce generally
2-1 considered a perishable vegetable, nut, or fruit, but does not
2-2 include a citrus fruit.]
2-3 (6) "Warehouseman" means a person who receives and
2-4 stores perishable commodities [vegetables] for compensation.
2-5 SECTION 3. Section 101.002, Agriculture Code, is amended to
2-6 read as follows:
2-7 Sec. 101.002. PERISHABLE COMMODITIES [VEGETABLES]. (a)
2-8 This chapter applies to perishable commodities [vegetables],
2-9 whether or not packed in ice or held in cold storage [but only if
2-10 grown in this state], and does not apply to perishable commodities
2-11 [vegetables] that have been manufactured into an article of food of
2-12 a different kind or character.
2-13 (b) For purposes of this section, the effects of the
2-14 following operations do not change a perishable commodity
2-15 [vegetable] into an article of food of a different kind or
2-16 character: freezing; water or steam blanching; shelling; chopping;
2-17 adding color; curing; cutting; dicing; drying for the removal of
2-18 surface moisture; fumigating; gassing; heating for necessary
2-19 control; ripening; coloring; removal of seeds, pits, stems,
2-20 calyxes, husks, pods, rinds, skins, peels, or similar items;
2-21 trimming; washing with or without chemicals; waxing; adding sugar
2-22 or other sweetening agents; adding ascorbic acids or other agents
2-23 used to retard oxidation; mixing with several kinds of sliced,
2-24 chopped, or diced perishable commodities [vegetables] for packaging
2-25 in any type of container; or any comparable method of preparation.
2-26 SECTION 4. Section 101.003, Agriculture Code, is amended to
2-27 read as follows:
3-1 Sec. 101.003. LICENSE REQUIRED. (a) Except
3-2 as otherwise provided by this section, a person may not handle
3-3 perishable commodities [vegetables grown in this state], as owner,
3-4 agent, or otherwise, without a license or an identification card
3-5 issued by the department.
3-6 (b) This section does not apply to:
3-7 (1) a retailer, unless the retailer:
3-8 (A) has annual sales of perishable commodities
3-9 [vegetables and citrus fruit] that comprise 50 [75] percent or more
3-10 of the retailer's total sales; or
3-11 (B) employs a buying agent who buys directly
3-12 from a producer; [or]
3-13 (2) a producer who handles or deals exclusively in the
3-14 producer's own products;
3-15 (3) a person shipping less than six standard boxes of
3-16 citrus fruit in any one separate shipment; or
3-17 (4) a person who ships a noncommercial shipment of
3-18 perishable commodities.
3-19 [(c) A person who holds a license under this section is also
3-20 considered, without paying an additional fee, to hold a license or
3-21 be registered under Section 102.003 of this code.]
3-22 SECTION 5. Section 101.004, Agriculture Code, is amended to
3-23 read as follows:
3-24 Sec. 101.004. LICENSE OR REGISTRATION CATEGORIES. (a) [A
3-25 person who is required by Section 101.003 of this code to be
3-26 licensed or registered shall apply to the department for the
3-27 appropriate category described by this section that is appropriate
4-1 to the actions of the person.]
4-2 [(b)] A person shall apply for a license if the person:
4-3 (1) purchases perishable commodities [vegetables] on
4-4 credit;
4-5 (2) takes possession of perishable commodities
4-6 [vegetables] for consignment or handling on behalf of the producer
4-7 or owner of the perishable commodities [vegetables]; or
4-8 (3) takes possession of perishable commodities
4-9 [vegetables] for consignment or handling in a manner or under a
4-10 contract that does not require or result in payment to the
4-11 producer, seller, or consignor of the full amount of the purchase
4-12 price in United States currency at the time of delivery or at the
4-13 time that the perishable commodities [vegetables] pass from the
4-14 producer, seller, or consignor to the person.
4-15 (b) [(c)] A person shall register as a cash dealer if the
4-16 person purchases perishable commodities [vegetables] and pays for
4-17 the perishable commodities [vegetables] in United States currency
4-18 before or at the time of delivery or taking possession.
4-19 SECTION 6. Section 101.005, Agriculture Code, is amended to
4-20 read as follows:
4-21 Sec. 101.005. APPLICATION FOR LICENSE. (a) A person
4-22 required under Section 101.003 of this code to be licensed or
4-23 registered shall apply to the department on a form furnished by the
4-24 department. The applicant shall provide [application must be made
4-25 under oath and contain] the following information and certify that
4-26 the information provided is true and correct:
4-27 (1) the full name of the applicant and whether the
5-1 applicant is an individual, partnership, corporation, exchange, or
5-2 association;
5-3 (2) the full name and address of the principal
5-4 business office of the applicant;
5-5 (3) the address of the applicant's principal business
5-6 office in this state;
5-7 (4) if the applicant is a foreign corporation, the
5-8 state in which the corporation is chartered and the name and
5-9 address of a registered [an] agent in this state for service of
5-10 legal process; and
5-11 (5) the length of time that the applicant has been
5-12 engaged in business in this state.
5-13 (b) In addition to providing the information under
5-14 Subsection (a) of this section, each applicant shall answer the
5-15 following questions on the application:
5-16 (1) "Have you previously been licensed by [in] this
5-17 state or the United States Department of Agriculture (USDA) to
5-18 handle perishable commodities [vegetables]?"
5-19 (2) "If you answered that you have been previously
5-20 licensed, has any license issued to you by [in] this state or the
5-21 USDA ever been suspended or revoked?"
5-22 (3) "If you have answered that a license issued to you
5-23 by [in] this state or by the USDA has been suspended or revoked,
5-24 when, where, and for what reason was the license suspended or
5-25 revoked?"
5-26 (c) An applicant's failure to truthfully and accurately
5-27 provide the information required by Subsections (a) and (b) is a
6-1 violation for purposes of administrative penalty action and may
6-2 result in denial of an application.
6-3 SECTION 7. Section 101.006, Agriculture Code, as amended by
6-4 Chapters 269 and 419, Acts of the 74th Legislature, Regular
6-5 Session, 1995, is reenacted and amended to read as follows:
6-6 Sec. 101.006. LICENSE FEE. (a) Except as otherwise
6-7 provided by this section, a person applying for a license shall
6-8 include with the license application a refundable license fee, as
6-9 provided by department rule.
6-10 (b) The department shall charge a registration [license] fee
6-11 for a cash dealer as provided by department rule [is $25].
6-12 [(c) Except as otherwise provided by this section, a person
6-13 who applies for a license as a commission merchant or retailer
6-14 under both this chapter and Chapter 102 of this code is entitled to
6-15 pay a single license fee, as provided by department rule of $75.
6-16 The person's license shall reflect that the person is licensed to
6-17 handle both citrus fruit and vegetables.]
6-18 [(d) A person who applies for a license under Subsection (b)
6-19 of this section and Subsection (b) of Section 102.006 of this code
6-20 is entitled to pay a single license fee, as provided by department
6-21 rule of $25. The person's license shall reflect that the person is
6-22 licensed to handle both citrus fruit and vegetables.]
6-23 SECTION 8. Sections 101.007(a) and (c), Agriculture Code,
6-24 are amended to read as follows:
6-25 (a) Except as otherwise provided by this section, the
6-26 department shall [immediately] issue a license to an applicant who:
6-27 (1) tenders an application;
7-1 (2) pays the license fee, if required; and
7-2 (3) pays the appropriate fee to the produce recovery
7-3 fund under Chapter 103 of this code, if required.
7-4 (c) The department may refuse to issue a license under this
7-5 section if the department determines that a license previously
7-6 issued [under this section] to the applicant was revoked or
7-7 suspended or that the applicant has engaged in conduct for which a
7-8 license could have been revoked or suspended. In determining
7-9 whether to refuse to issue a license under this section, the
7-10 department may consider:
7-11 (1) the facts and circumstances pertaining to a prior
7-12 suspension or revocation;
7-13 (2) the financial condition of the applicant as of the
7-14 date of the application;
7-15 (3) any judgment by a court of this state that is
7-16 outstanding against the applicant and is due and owing to a
7-17 licensee, grower, or producer of perishable commodities
7-18 [vegetables]; and
7-19 (4) any certified claim against the applicant by a
7-20 licensee, grower, or producer of perishable commodities
7-21 [vegetables] that is under consideration by the department.
7-22 SECTION 9. Section 101.010(a), Agriculture Code, is amended
7-23 to read as follows:
7-24 (a) In accordance with the rules of the department, a
7-25 license holder may apply to the department for a reasonable number
7-26 of identification cards for:
7-27 (1) transporting agents to act for the license holder
8-1 in the transporting of perishable commodities [vegetables]; and
8-2 (2) buying agents to act for the license holder in any
8-3 act requiring licensing under Section 101.003 of this code.
8-4 SECTION 10. Section 101.011, Agriculture Code, is amended to
8-5 read as follows:
8-6 Sec. 101.011. LICENSE OR IDENTIFICATION CARD NOT ASSIGNABLE.
8-7 A license or identification card is not assignable[, and any
8-8 attempt to assign voids the license or card].
8-9 SECTION 11. Sections 101.013(a) and (c), Agriculture Code,
8-10 are amended to read as follows:
8-11 (a) If a licensee causes a producer, seller, or owner, or an
8-12 agent of a producer, seller, or owner, to part with control or
8-13 possession of all or any part of the person's perishable
8-14 commodities [vegetables] and agrees by contract of purchase to pay
8-15 the purchase price on demand following delivery, the licensee
8-16 [dealer] shall make payment immediately on demand.
8-17 (c) If the producer, seller, owner, or agent waives the
8-18 right to payment of purchase price on demand, the contract for the
8-19 handling, purchase, or sale of the perishable commodities
8-20 [vegetables] must be in writing. The parties shall prepare the
8-21 contract in duplicate and set out in the contract the full details
8-22 of the transaction. If the contract does not specify the time and
8-23 manner of settlement, the licensee shall pay the full amount called
8-24 for by the contract directly to the producer, seller, owner, or
8-25 agent before the 31st day following the day of delivery of the
8-26 perishable commodities [vegetables] into the licensee's control.
8-27 SECTION 12. Section 101.014, Agriculture Code, is amended to
9-1 read as follows:
9-2 Sec. 101.014. COMMISSION OR SERVICE CHARGE IN CONTRACT. If
9-3 a licensee handles perishable commodities [vegetables] by
9-4 guaranteeing a producer or owner a minimum price and handles the
9-5 perishable commodities [vegetables] on the account of the producer
9-6 or owner, the licensee shall include in the contract with the
9-7 producer or owner the maximum amount that the licensee will charge
9-8 for commission, service, or both, in connection with the perishable
9-9 commodities [vegetables] handled.
9-10 SECTION 13. Section 101.015, Agriculture Code, is amended to
9-11 read as follows:
9-12 Sec. 101.015. SETTLEMENT ON GRADE AND QUALITY. (a) Except
9-13 as otherwise provided by this section, a licensee shall settle with
9-14 the producer or seller of perishable commodities [vegetables] on
9-15 the basis of the grade and quality that is referred to in the
9-16 contract under which the licensee obtained possession or control of
9-17 the perishable commodities [vegetables].
9-18 (b) If the perishable commodities [vegetables] have been
9-19 inspected by a state or federal inspector in this state and found
9-20 to be of a different grade or quality than that referred to in the
9-21 contract, the licensee shall settle with the producer or seller of
9-22 the perishable commodities [vegetables] on the basis of the grade
9-23 and quality determined by the inspector.
9-24 (c) This section does not prevent parties, instead of an
9-25 inspection, from agreeing in writing that the grade or quality of
9-26 the perishable commodities [vegetables] were different from that
9-27 referred to in the contract.
10-1 (d) Failure of a licensee to settle with a producer or
10-2 seller on grade and quality in the manner provided by this section
10-3 is a ground for revocation of the licensee's license.
10-4 [(e) This section does not apply to vegetables that are
10-5 obtained and handled by a licensee solely on a consignment basis
10-6 without a price guarantee.]
10-7 SECTION 14. Chapter 101, Agriculture Code, is amended by
10-8 adding Section 101.0151 to read as follows:
10-9 Sec. 101.0151. BUYING OR SELLING BY WEIGHT. A licensee who
10-10 buys or sells perishable commodities by weight shall weigh or have
10-11 the perishable commodities weighed on scales that meet state
10-12 requirements.
10-13 SECTION 15. Section 101.016, Agriculture Code, is amended to
10-14 read as follows:
10-15 Sec. 101.016. RECORDS OF PURCHASE. (a) A licensee or
10-16 packer, processor or warehouseman may not receive or handle
10-17 perishable commodities [vegetables] without requiring the person
10-18 from whom the perishable commodities [vegetables] are purchased or
10-19 received to furnish a statement in writing showing:
10-20 (1) the owner of the perishable commodities
10-21 [vegetables];
10-22 (2) the grower of the perishable commodities
10-23 [vegetables];
10-24 (3) the approximate location of the land on which the
10-25 perishable commodities [vegetables] were grown;
10-26 (4) the date the perishable commodities [vegetables]
10-27 were gathered; and
11-1 (5) by whose authority the perishable commodities
11-2 [vegetables] were gathered.
11-3 (b) The licensee, packer, processor, or warehouseman shall
11-4 keep records of statements furnished under Subsection (a) [of this
11-5 section] in a permanent book or folder for a minimum of three years
11-6 from the date of the transaction and shall make the records
11-7 available for [to] inspection by any interested party.
11-8 (c) The licensee, packer, handler, or warehouseman shall:
11-9 (1) prepare a receipt detailing the quantity of
11-10 perishable commodities received from the producer or owner at the
11-11 time of receipt of the commodities; and
11-12 (2) on request, provide the receipt to the producer or
11-13 owner.
11-14 (d) The department periodically may investigate licensees or
11-15 persons alleged to be selling perishable commodities in violation
11-16 of this chapter and, without notice, may require evidence of
11-17 purchase of any perishable commodities in a person's possession.
11-18 SECTION 16. Section 101.017, Agriculture Code, is amended to
11-19 read as follows:
11-20 Sec. 101.017. RECORD OF SALE. (a) Except for a retailer
11-21 [Unless otherwise agreed to in writing by a licensee and the owner
11-22 of the vegetables], a licensee [who handles vegetables on a
11-23 consignment or commission basis] shall maintain for each sale [on
11-24 demand of the owner, seller, or agent of the owner or seller,
11-25 furnish] a complete and accurate record showing:
11-26 (1) the date of sale of the perishable commodities
11-27 [vegetables];
12-1 (2) the person to who the perishable commodities
12-2 [vegetables] were sold;
12-3 (3) the grade and selling price of the perishable
12-4 commodities [vegetables]; and
12-5 (4) an itemized statement of expenses of any kind or
12-6 character incurred in the sale or handling of the perishable
12-7 commodities [vegetables], including the amount of the commission to
12-8 the licensee.
12-9 (b) On demand of the department or of an owner, seller, or
12-10 agent of the owner or seller, the [The] licensee shall furnish the
12-11 information demanded [under this section] before the 11th day
12-12 following the date of demand [by the owner, seller, or agent].
12-13 (c) A licensee shall maintain the information required to be
12-14 kept by this section for at least three years after the date of
12-15 sale.
12-16 SECTION 17. Section 101.018, Agriculture Code, is amended by
12-17 amending Subsection (b) and adding Subsection (d) to read as
12-18 follows:
12-19 (b) For the purpose of conducting an investigation under
12-20 this section, the department is entitled to free and unimpeded
12-21 access at all times to all books, records, buildings, yards,
12-22 warehouses, storage facilities, transportation facilities, and
12-23 other facilities or places in which perishable commodities
12-24 [vegetables] are kept, stored, handled, processed, or transported.
12-25 (d) Failure to provide access to records for purpose of
12-26 examination, as required by Subsections (b) and (c), is a violation
12-27 for purposes of assessment of administrative penalties.
13-1 SECTION 18. Section 101.019, Agriculture Code, is amended to
13-2 read as follows:
13-3 Sec. 101.019. VENUE OF CIVIL OR CRIMINAL ACTION. The venue
13-4 of a civil action or criminal prosecution instituted under this
13-5 chapter is in the county in which the violation occurred, is
13-6 occurring, or is threatened or in which the perishable commodities
13-7 [vegetables] were received by the licensee, packer, or
13-8 warehouseman.
13-9 SECTION 19. Section 101.020(a), Agriculture Code, is amended
13-10 to read as follows:
13-11 (a) A person commits an offense if the person:
13-12 (1) acts in violation of Section 101.003 [of this
13-13 code] by not obtaining a license or registration or after receiving
13-14 notice of cancellation of a license or registration;
13-15 (2) acts or assumes to act as a transporting agent or
13-16 buying agent:
13-17 (A) without first obtaining an identification
13-18 card; or
13-19 (B) after receiving notice of cancellation of an
13-20 identification card;
13-21 (3) as a transporting agent or buying agent, fails and
13-22 refuses to turn over to the department an identification card in
13-23 accordance with Section 101.010(e) [of this code];
13-24 (4) as a license holder, fails to furnish information
13-25 under Section 101.017 [of this code] before the 11th day following
13-26 the date of demand;
13-27 (5) as a license holder, fails to settle with a
14-1 producer or seller on the grade and quality of perishable
14-2 commodities [vegetables] in the manner provided by Section 101.015
14-3 [of this code];
14-4 (6) as a cash dealer, pays for perishable commodities
14-5 [vegetables] by a means other than United States currency;
14-6 (7) as a license holder, transporting agent, or buying
14-7 agent, violates a provision of this chapter; [or]
14-8 (8) acts or assumes to act as a cash dealer without
14-9 first registering as a cash dealer;
14-10 (9) as a license holder, buys or sells perishable
14-11 commodities by weight and does not have the perishable commodities
14-12 weighed on scales that meet state requirements;
14-13 (10) fails to prepare and maintain records required by
14-14 Sections 101.016, 101.017, and 101.018; or
14-15 (11) fails to provide records as required by Sections
14-16 101.016 and 101.018.
14-17 SECTION 20. Sections 103.002(a), (b), and (c), Agriculture
14-18 Code, are amended to read as follows:
14-19 (a) The produce recovery fund is a special trust fund with
14-20 the comptroller administered by the department, without
14-21 appropriation, for the payment of claims against license holders
14-22 [commission merchants] and retailers licensed under Chapter 101 [or
14-23 102 of this code].
14-24 (b) Fees collected under Section 101.006[, 102.008,] or
14-25 103.011 [of this code] and 50 percent of the fines collected under
14-26 Section 101.020[, 102.021,] or 103.013 [of the code] shall be
14-27 deposited in the fund.
15-1 (c) The clerk of the county court or county court-at-law and
15-2 the custodian of the county treasury funds shall keep separate
15-3 records of all fines collected under Section 101.020[, 102.021,] or
15-4 103.013 [of this code]. On the first day of each January, April,
15-5 July, and October, the custodian of the funds in the county
15-6 treasury shall remit 50 percent of the fines collected under those
15-7 sections to the comptroller of public accounts, and the comptroller
15-8 shall deposit that amount in the fund.
15-9 SECTION 21. Section 103.003(a), Agriculture Code, is amended
15-10 to read as follows:
15-11 (a) The Produce Recovery Fund Board is composed of six
15-12 members appointed by the governor with the advice and consent of
15-13 the senate. Two members must be producers, two must be license
15-14 holders [commission merchants or retailers] licensed under Chapter
15-15 101 [or 102 of this code], and two must be members of the general
15-16 public.
15-17 SECTION 22. Section 103.005(a), Agriculture Code, is amended
15-18 to read as follows:
15-19 (a) A person who deals with a license holder under Chapter
15-20 101 [or Chapter 102 of the code] in the purchasing, handling,
15-21 selling, and accounting for sales of vegetables or citrus fruit and
15-22 who is aggrieved by an action of the license holder as a result of
15-23 a violation of terms or conditions of a contract made by the
15-24 license holder for the sale of Texas-grown produce may initiate a
15-25 claim against the fund by filing with the department:
15-26 (1) a sworn complaint against the license holder; and
15-27 (2) a filing fee, as provided by department rule.
16-1 SECTION 23. Sections 103.008(a), (b), (c), (d), and (e),
16-2 Agriculture Code, are amended to read as follows:
16-3 (a) In making payments from the fund the department can pay
16-4 the aggrieved party all of the first $2,000 [$1,000] of any claim
16-5 and no more than 70 [60] percent of the claim above $2,000
16-6 [$1,000].
16-7 (b) The total payment of all claims arising from the same
16-8 contract with a license holder may not exceed $35,000 [$20,000].
16-9 (c) The total payment of claims against a single license
16-10 holder may not exceed $85,000 [$50,000] in any one calendar year.
16-11 (d) The department may not pay a claim against:
16-12 (1) a person who was not licensed on the date the
16-13 contract on which the claim is based was entered into; or
16-14 (2) a cash dealer registered [licensed] under Chapter
16-15 101 [or 102 of this code].
16-16 (e) Payments from the fund during a fiscal year may not
16-17 exceed two times the average amount of money deposited into the
16-18 fund during the previous three [that] fiscal years [year], except
16-19 that surplus funds remaining at the end of each fiscal year are
16-20 available for the payment of claims during any succeeding year. In
16-21 no case shall payment of claims cause the balance of the fund to
16-22 fall below $100,000.
16-23 SECTION 24. Section 103.009(c), Agriculture Code, is amended
16-24 to read as follows:
16-25 (c) If the license holder does not reimburse the fund or pay
16-26 the aggrieved party, or does not agree to do so, in accordance with
16-27 this section, the department shall issue an order canceling the
17-1 license and may not issue a new license to that person for four
17-2 years from the date of cancellation. If the license holder is a
17-3 corporation, an officer or director of the corporation or a person
17-4 owning more than 25 percent of the stock in the corporation may
17-5 not be licensed under Chapter 101 [or 102 of this code] during the
17-6 four-year period in which the corporation is ineligible for
17-7 licensing.
17-8 SECTION 25. Section 103.011, Agriculture Code, as amended by
17-9 Chapters 269 and 419, Acts of the 74th Legislature, Regular
17-10 Session, 1995, is reenacted and amended to read as follows:
17-11 Sec. 103.011. FEE. (a) Except as otherwise provided
17-12 by this section, a license holder [commission merchant or retailer]
17-13 licensed under Chapter 101 [or 102 of this code] shall pay an
17-14 annual fee to the fund[,] as provided by department rule [of $200].
17-15 (b) [A retailer who is licensed under Chapter 101 or 102 of
17-16 this code and whose annual purchases of vegetables and citrus fruit
17-17 are less than $15,000 a year shall pay an annual fee, as provided
17-18 by department rule.]
17-19 [(c) A person who is required by Subsection (a) of this
17-20 section to pay a fee and who is licensed in one of those
17-21 classifications under both Chapters 101 and 102 of this code may
17-22 pay a single fee, as provided by department rule. A person who is
17-23 required by Subsection (b) of this section to pay a fee and who is
17-24 licensed in that classification under both Chapters 101 and 102 of
17-25 this code may pay a single fee, as provided by department rule.]
17-26 [(d)] A person registered as a cash dealer or a marketing
17-27 association organized under Chapter 52 [of this code] that handles
18-1 citrus fruit only for its members is exempt from payment of the fee
18-2 under this section.
18-3 (c) [(e)] The fee required by Subsection (a) is in addition
18-4 to any licensing fee paid and is due at the time of making the
18-5 license application. The department may not issue a license to a
18-6 person who fails to pay the fee.
18-7 SECTION 26. Section 103.013(a), Agriculture Code, is amended
18-8 to read as follows:
18-9 (a) A person commits an offense if the person acts or
18-10 assumes to act as a license holder under Chapter 101 [or 102 of
18-11 this code] without first paying the fee required by this chapter.
18-12 SECTION 27. Subchapter A, Chapter 102, Agriculture Code, is
18-13 repealed.
18-14 SECTION 28. (a) This Act takes effect September 1, 1999.
18-15 (b) Section 101.005, Agriculture Code, as amended by this
18-16 Act, applies only to an application made on or after the effective
18-17 date of this Act. An application that is made before the effective
18-18 date of this Act is governed by the law as it existed immediately
18-19 before the effective date of this Act, and the former law is
18-20 continued in effect for that purpose.
18-21 (c) Section 103.008, Agriculture Code, as amended by this
18-22 Act, applies only to a claim made on or after the effective date of
18-23 this Act. A claim that is made before the effective date of this
18-24 Act is governed by the law as it existed immediately before the
18-25 effective date of this Act, and the former law is continued in
18-26 effect for that purpose.
18-27 SECTION 29. The importance of this legislation and the
19-1 crowded condition of the calendars in both houses create an
19-2 emergency and an imperative public necessity that the
19-3 constitutional rule requiring bills to be read on three several
19-4 days in each house be suspended, and this rule is hereby suspended.