1-1 By: Lucio S.B. No. 992
1-2 (In the Senate - Filed March 8, 1999; March 10, 1999, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 9, 1999, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; April 9, 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; providing
1-10 penalties.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. The chapter heading for Chapter 101, Agriculture
1-13 Code, is amended to read as follows:
1-14 CHAPTER 101. HANDLING AND MARKETING OF PERISHABLE COMMODITIES
1-15 [VEGETABLES]
1-16 SECTION 2. Section 101.001, Agriculture Code, is amended to
1-17 read as follows:
1-18 Sec. 101.001. DEFINITIONS. In this chapter:
1-19 (1) "Handle" means buy for resale, sell, offer to
1-20 sell, process, broker, or ship for the purpose of selling.
1-21 (2) "Packer" means a person who prepares or packs
1-22 perishable commodities [vegetables] for barter, sale, exchange, or
1-23 shipment.
1-24 (3) "Perishable commodity" means fresh produce grown
1-25 in Texas and generally considered a perishable vegetable or fruit.
1-26 (4) "Person" means an individual, partnership, group
1-27 of persons, corporation, or business unit.
1-28 (5) [(4)] "Producer" means a person who is engaged in
1-29 the business of growing or producing any perishable commodity
1-30 [vegetable].
1-31 [(5) "Vegetable" means fresh produce generally
1-32 considered a perishable vegetable, nut, or fruit, but does not
1-33 include a citrus fruit.]
1-34 (6) "Warehouseman" means a person who receives and
1-35 stores perishable commodities [vegetables] for compensation.
1-36 SECTION 3. Section 101.002, Agriculture Code, is amended to
1-37 read as follows:
1-38 Sec. 101.002. PERISHABLE COMMODITIES [VEGETABLES].
1-39 (a) This chapter applies to perishable commodities [vegetables],
1-40 whether or not packed in ice or held in cold storage [but only if
1-41 grown in this state], and does not apply to perishable commodities
1-42 [vegetables] that have been manufactured into an article of food of
1-43 a different kind or character.
1-44 (b) For purposes of this section, the effects of the
1-45 following operations do not change a perishable commodity
1-46 [vegetable] into an article of food of a different kind or
1-47 character: freezing; water or steam blanching; shelling; chopping;
1-48 adding color; curing; cutting; dicing; drying for the removal of
1-49 surface moisture; fumigating; gassing; heating for necessary
1-50 control; ripening; coloring; removal of seeds, pits, stems,
1-51 calyxes, husks, pods, rinds, skins, peels, or similar items;
1-52 trimming; washing with or without chemicals; waxing; adding sugar
1-53 or other sweetening agents; adding ascorbic acids or other agents
1-54 used to retard oxidation; mixing with several kinds of sliced,
1-55 chopped, or diced perishable commodities [vegetables] for packaging
1-56 in any type of container; or any comparable method of preparation.
1-57 SECTION 4. Section 101.003, Agriculture Code, is amended to
1-58 read as follows:
1-59 Sec. 101.003. LICENSE REQUIRED. (a) Except as otherwise
1-60 provided by this section, a person may not handle perishable
1-61 commodities [vegetables grown in this state], as owner, agent, or
1-62 otherwise, without a license or an identification card issued by
1-63 the department.
1-64 (b) This section does not apply to:
2-1 (1) a retailer, unless the retailer:
2-2 (A) has annual sales of perishable commodities
2-3 [vegetables and citrus fruit] that comprise 50 [75] percent or more
2-4 of the retailer's total sales; or
2-5 (B) employs a buying agent who buys directly
2-6 from a producer; [or]
2-7 (2) a producer who handles or deals exclusively in the
2-8 producer's own products;
2-9 (3) a person shipping less than six standard boxes of
2-10 citrus fruit in any one separate shipment; or
2-11 (4) a person who ships a noncommercial shipment of
2-12 perishable commodities.
2-13 [(c) A person who holds a license under this section is also
2-14 considered, without paying an additional fee, to hold a license or
2-15 be registered under Section 102.003 of this code.]
2-16 SECTION 5. Section 101.004, Agriculture Code, is amended to
2-17 read as follows:
2-18 Sec. 101.004. LICENSE OR REGISTRATION CATEGORIES. (a) [A
2-19 person who is required by Section 101.003 of this code to be
2-20 licensed or registered shall apply to the department for the
2-21 appropriate category described by this section that is appropriate
2-22 to the actions of the person.]
2-23 [(b)] A person shall apply for a license if the person:
2-24 (1) purchases perishable commodities [vegetables] on
2-25 credit;
2-26 (2) takes possession of perishable commodities
2-27 [vegetables] for consignment or handling on behalf of the producer
2-28 or owner of the perishable commodities [vegetables]; or
2-29 (3) takes possession of perishable commodities
2-30 [vegetables] for consignment or handling in a manner or under a
2-31 contract that does not require or result in payment to the
2-32 producer, seller, or consignor of the full amount of the purchase
2-33 price in United States currency at the time of delivery or at the
2-34 time that the perishable commodities [vegetables] pass from the
2-35 producer, seller, or consignor to the person.
2-36 (b) [(c)] A person shall register as a cash dealer if the
2-37 person purchases perishable commodities [vegetables] and pays for
2-38 the perishable commodities [vegetables] in United States currency
2-39 before or at the time of delivery or taking possession.
2-40 SECTION 6. Section 101.005, Agriculture Code, is amended to
2-41 read as follows:
2-42 Sec. 101.005. APPLICATION FOR LICENSE. (a) A person
2-43 required under Section 101.003 of this code to be licensed or
2-44 registered shall apply to the department on a form furnished by the
2-45 department. The applicant shall provide [application must be made
2-46 under oath and contain] the following information and certify that
2-47 the information provided is true and correct:
2-48 (1) the full name of the applicant and whether the
2-49 applicant is an individual, partnership, corporation, exchange, or
2-50 association;
2-51 (2) the full name and address of the principal
2-52 business office of the applicant;
2-53 (3) the address of the applicant's principal business
2-54 office in this state;
2-55 (4) if the applicant is a foreign corporation, the
2-56 state in which the corporation is chartered and the name and
2-57 address of a registered [an] agent in this state for service of
2-58 legal process; and
2-59 (5) the length of time that the applicant has been
2-60 engaged in business in this state.
2-61 (b) In addition to providing the information under
2-62 Subsection (a) of this section, each applicant shall answer the
2-63 following questions on the application:
2-64 (1) "Have you previously been licensed by [in] this
2-65 state or the United States Department of Agriculture to handle
2-66 perishable commodities [vegetables]?"
2-67 (2) "If you answered that you have been previously
2-68 licensed, has any license issued to you by [in] this state or the
2-69 United States Department of Agriculture ever been suspended or
3-1 revoked?"
3-2 (3) "If you have answered that a license issued to you
3-3 by [in] this state or by the United States Department of
3-4 Agriculture has been suspended or revoked, when, where, and for
3-5 what reason was the license suspended or revoked?"
3-6 (c) An applicant's failure to truthfully and accurately
3-7 provide the information required by Subsections (a) and (b) is a
3-8 violation for purposes of administrative penalty action and may
3-9 result in denial of an application.
3-10 SECTION 7. Section 101.006, Agriculture Code, as amended by
3-11 Chapters 269 and 419, Acts of the 74th Legislature, Regular
3-12 Session, 1995, is reenacted and amended to read as follows:
3-13 Sec. 101.006. LICENSE FEE. (a) Except as otherwise
3-14 provided by this section, a person applying for a license shall
3-15 include with the license application a refundable license fee, as
3-16 provided by department rule [of $75].
3-17 (b) The department shall charge a registration [license] fee
3-18 for a cash dealer as provided by department rule [is $25].
3-19 [(c) Except as otherwise provided by this section, a person
3-20 who applies for a license as a commission merchant or retailer
3-21 under both this chapter and Chapter 102 of this code is entitled to
3-22 pay a single license fee, as provided by department rule. The
3-23 person's license shall reflect that the person is licensed to
3-24 handle both citrus fruit and vegetables.]
3-25 [(d) A person who applies for a license under Subsection (b)
3-26 of this section and Subsection (b) of Section 102.006 of this code
3-27 is entitled to pay a single license fee, as provided by department
3-28 rule. The person's license shall reflect that the person is
3-29 licensed to handle both citrus fruit and vegetables.]
3-30 SECTION 8. Subsections (a) and (c), Section 101.007,
3-31 Agriculture Code, are amended to read as follows:
3-32 (a) Except as otherwise provided by this section, the
3-33 department shall [immediately] issue a license to an applicant who:
3-34 (1) tenders an application;
3-35 (2) pays the license fee, if required; and
3-36 (3) pays the appropriate fee to the produce recovery
3-37 fund under Chapter 103 of this code, if required.
3-38 (c) The department may refuse to issue a license under this
3-39 section if the department determines that a license previously
3-40 issued [under this section] to the applicant was revoked or
3-41 suspended or that the applicant has engaged in conduct for which a
3-42 license could have been revoked or suspended. In determining
3-43 whether to refuse to issue a license under this section, the
3-44 department may consider:
3-45 (1) the facts and circumstances pertaining to a prior
3-46 suspension or revocation;
3-47 (2) the financial condition of the applicant as of the
3-48 date of the application;
3-49 (3) any judgment by a court of this state that is
3-50 outstanding against the applicant and is due and owing to a
3-51 licensee, grower, or producer of perishable commodities
3-52 [vegetables]; and
3-53 (4) any certified claim against the applicant by a
3-54 licensee, grower, or producer of perishable commodities
3-55 [vegetables] that is under consideration by the department.
3-56 SECTION 9. Subsection (a), Section 101.010, Agriculture
3-57 Code, is amended to read as follows:
3-58 (a) In accordance with the rules of the department, a
3-59 license holder may apply to the department for a reasonable number
3-60 of identification cards for:
3-61 (1) transporting agents to act for the license holder
3-62 in the transporting of perishable commodities [vegetables]; and
3-63 (2) buying agents to act for the license holder in any
3-64 act requiring licensing under Section 101.003 of this code.
3-65 SECTION 10. Section 101.011, Agriculture Code, is amended to
3-66 read as follows:
3-67 Sec. 101.011. LICENSE OR IDENTIFICATION CARD NOT ASSIGNABLE.
3-68 A license or identification card is not assignable[, and any
3-69 attempt to assign voids the license or card].
4-1 SECTION 11. Subsections (a) and (c), Section 101.013,
4-2 Agriculture Code, are amended to read as follows:
4-3 (a) If a licensee causes a producer, seller, or owner, or an
4-4 agent of a producer, seller, or owner, to part with control or
4-5 possession of all or any part of the person's perishable
4-6 commodities [vegetables] and agrees by contract of purchase to pay
4-7 the purchase price on demand following delivery, the licensee
4-8 [dealer] shall make payment immediately on demand.
4-9 (c) If the producer, seller, owner, or agent waives the
4-10 right to payment of purchase price on demand, the contract for the
4-11 handling, purchase, or sale of the perishable commodities
4-12 [vegetables] must be in writing. The parties shall prepare the
4-13 contract in duplicate and set out in the contract the full details
4-14 of the transaction. If the contract does not specify the time and
4-15 manner of settlement, the licensee shall pay the full amount called
4-16 for by the contract directly to the producer, seller, owner, or
4-17 agent before the 31st day following the day of delivery of the
4-18 perishable commodities [vegetables] into the licensee's control.
4-19 SECTION 12. Section 101.014, Agriculture Code, is amended to
4-20 read as follows:
4-21 Sec. 101.014. COMMISSION OR SERVICE CHARGE IN CONTRACT. If
4-22 a licensee handles perishable commodities [vegetables] by
4-23 guaranteeing a producer or owner a minimum price and handles the
4-24 perishable commodities [vegetables] on the account of the producer
4-25 or owner, the licensee shall include in the contract with the
4-26 producer or owner the maximum amount that the licensee will charge
4-27 for commission, service, or both, in connection with the perishable
4-28 commodities [vegetables] handled.
4-29 SECTION 13. Section 101.015, Agriculture Code, is amended to
4-30 read as follows:
4-31 Sec. 101.015. SETTLEMENT ON GRADE AND QUALITY. (a) Except
4-32 as otherwise provided by this section, a licensee shall settle with
4-33 the producer or seller of perishable commodities [vegetables] on
4-34 the basis of the grade and quality that is referred to in the
4-35 contract under which the licensee obtained possession or control of
4-36 the perishable commodities [vegetables].
4-37 (b) If the perishable commodities [vegetables] have been
4-38 inspected by a state or federal inspector in this state and found
4-39 to be of a different grade or quality than that referred to in the
4-40 contract, the licensee shall settle with the producer or seller of
4-41 the perishable commodities [vegetables] on the basis of the grade
4-42 and quality determined by the inspector.
4-43 (c) This section does not prevent parties, instead of an
4-44 inspection, from agreeing in writing that the grade or quality of
4-45 the perishable commodities [vegetables] were different from that
4-46 referred to in the contract.
4-47 (d) Failure of a licensee to settle with a producer or
4-48 seller on grade and quality in the manner provided by this section
4-49 is a ground for revocation of the licensee's license.
4-50 [(e) This section does not apply to vegetables that are
4-51 obtained and handled by a licensee solely on a consignment basis
4-52 without a price guarantee.]
4-53 SECTION 14. Chapter 101, Agriculture Code, is amended by
4-54 adding Section 101.0151 to read as follows:
4-55 Sec. 101.0151. BUYING OR SELLING BY WEIGHT. A licensee who
4-56 buys or sells perishable commodities by weight shall weigh or have
4-57 the perishable commodities weighed on scales that meet state
4-58 requirements.
4-59 SECTION 15. Section 101.016, Agriculture Code, is amended to
4-60 read as follows:
4-61 Sec. 101.016. RECORDS OF PURCHASE. (a) A licensee or a
4-62 packer, processor, or warehouseman may not receive or handle
4-63 perishable commodities [vegetables] without requiring the person
4-64 from whom the perishable commodities [vegetables] are purchased or
4-65 received to furnish a statement in writing showing:
4-66 (1) the owner of the perishable commodities
4-67 [vegetables];
4-68 (2) the grower of the perishable commodities
4-69 [vegetables];
5-1 (3) the approximate location of the land on which the
5-2 perishable commodities [vegetables] were grown;
5-3 (4) the date the perishable commodities [vegetables]
5-4 were gathered; and
5-5 (5) by whose authority the perishable commodities
5-6 [vegetables] were gathered.
5-7 (b) The licensee, packer, processor, or warehouseman shall
5-8 keep records of statements furnished under Subsection (a) [of this
5-9 section] in a permanent book or folder for a minimum of three years
5-10 from the date of the transaction and shall make the records
5-11 available for [to] inspection by any interested party.
5-12 (c) The licensee, packer, handler, or warehouseman shall:
5-13 (1) prepare a receipt detailing the quantity of
5-14 perishable commodities received from the producer or owner at the
5-15 time of receipt of the commodities; and
5-16 (2) on request, provide the receipt to the producer or
5-17 owner.
5-18 (d) The department periodically may investigate licensees or
5-19 persons alleged to be selling perishable commodities in violation
5-20 of this chapter and, without notice, may require evidence of
5-21 purchase of any perishable commodities in a person's possession.
5-22 SECTION 16. Section 101.017, Agriculture Code, is amended to
5-23 read as follows:
5-24 Sec. 101.017. RECORD OF SALE. (a) Except for a retailer
5-25 [Unless otherwise agreed to in writing by a licensee and the owner
5-26 of the vegetables], a licensee [who handles vegetables on a
5-27 consignment or commission basis] shall maintain for each sale [, on
5-28 demand of the owner, seller, or agent of the owner or seller,
5-29 furnish] a complete and accurate record showing:
5-30 (1) the date of sale of the perishable commodities
5-31 [vegetables];
5-32 (2) the person to whom the perishable commodities
5-33 [vegetables] were sold;
5-34 (3) the grade and selling price of the perishable
5-35 commodities [vegetables]; and
5-36 (4) an itemized statement of expenses of any kind or
5-37 character incurred in the sale or handling of the perishable
5-38 commodities [vegetables], including the amount of the commission to
5-39 the licensee.
5-40 (b) On demand of the department or of an owner, seller, or
5-41 agent of the owner or seller, the [The] licensee shall furnish the
5-42 information demanded [under this section] before the 11th day
5-43 following the date of demand [by the owner, seller, or agent].
5-44 (c) A licensee shall maintain the information required to be
5-45 kept by this section for at least three years after the date of
5-46 sale.
5-47 SECTION 17. Section 101.018, Agriculture Code, is amended by
5-48 amending Subsection (b) and adding Subsection (d) to read as
5-49 follows:
5-50 (b) For the purpose of conducting an investigation under
5-51 this section, the department is entitled to free and unimpeded
5-52 access at all times to all books, records, buildings, yards,
5-53 warehouses, storage facilities, transportation facilities, and
5-54 other facilities or places in which perishable commodities
5-55 [vegetables] are kept, stored, handled, processed, or transported.
5-56 (d) Failure to provide access to records for purpose of
5-57 examination, as required by Subsections (b) and (c), is a violation
5-58 for purposes of assessment of administrative penalties.
5-59 SECTION 18. Section 101.019, Agriculture Code, is amended to
5-60 read as follows:
5-61 Sec. 101.019. VENUE OF CIVIL OR CRIMINAL ACTION. The venue
5-62 of a civil action or criminal prosecution instituted under this
5-63 chapter is in the county in which the violation occurred, is
5-64 occurring, or is threatened or in which the perishable commodities
5-65 [vegetables] were received by the licensee, packer, or
5-66 warehouseman.
5-67 SECTION 19. Subsection (a), Section 101.020, Agriculture
5-68 Code, is amended to read as follows:
5-69 (a) A person commits an offense if the person:
6-1 (1) acts in violation of Section 101.003 [of this
6-2 code] by not obtaining a license or registration or after receiving
6-3 notice of cancellation of a license or registration;
6-4 (2) acts or assumes to act as a transporting agent or
6-5 buying agent:
6-6 (A) without first obtaining an identification
6-7 card; or
6-8 (B) after receiving notice of cancellation of an
6-9 identification card;
6-10 (3) as a transporting agent or buying agent, fails and
6-11 refuses to turn over to the department an identification card in
6-12 accordance with Section 101.010(e) [of this code];
6-13 (4) as a license holder, fails to furnish information
6-14 under Section 101.017 [of this code] before the 11th day following
6-15 the date of demand;
6-16 (5) as a license holder, fails to settle with a
6-17 producer or seller on the grade and quality of perishable
6-18 commodities [vegetables] in the manner provided by Section 101.015
6-19 [of this code];
6-20 (6) as a cash dealer, pays for perishable commodities
6-21 [vegetables] by a means other than United States currency;
6-22 (7) as a license holder, transporting agent, or buying
6-23 agent, violates a provision of this chapter; [or]
6-24 (8) acts or assumes to act as a cash dealer without
6-25 first registering as a cash dealer;
6-26 (9) as a license holder, buys or sells perishable
6-27 commodities by weight and does not have the perishable commodities
6-28 weighed on scales that meet state requirements;
6-29 (10) fails to prepare and maintain records required by
6-30 Sections 101.016, 101.017, and 101.018; or
6-31 (11) fails to provide records as required by Sections
6-32 101.016 and 101.018.
6-33 SECTION 20. Subsections (a), (b), and (c), Section 103.002,
6-34 Agriculture Code, are amended to read as follows:
6-35 (a) The produce recovery fund is a special trust fund with
6-36 the comptroller administered by the department, without
6-37 appropriation, for the payment of claims against license holders
6-38 [commission merchants] and retailers licensed under Chapter 101 [or
6-39 102 of this code].
6-40 (b) Fees collected under Section 101.008[, 102.008,] or
6-41 103.011 [of this code] and 50 percent of the fines collected under
6-42 Section 101.020[, 102.021,] or 103.013 [of the code] shall be
6-43 deposited in the fund.
6-44 (c) The clerk of the county court or county court-at-law and
6-45 the custodian of the county treasury funds shall keep separate
6-46 records of all fines collected under Section 101.020[, 102.021,] or
6-47 103.013 [of this code]. On the first day of each January, April,
6-48 July, and October, the custodian of the funds in the county
6-49 treasury shall remit 50 percent of the fines collected under those
6-50 sections to the comptroller of public accounts, and the comptroller
6-51 shall deposit that amount in the fund.
6-52 SECTION 21. Subsection (a), Section 103.003, Agriculture
6-53 Code, is amended to read as follows:
6-54 (a) The Produce Recovery Fund Board is composed of six
6-55 members appointed by the governor with the advice and consent of
6-56 the senate. Two members must be producers, two must be license
6-57 holders [commission merchants or retailers] licensed under Chapter
6-58 101 [or 102 of this code], and two must be members of the general
6-59 public.
6-60 SECTION 22. Subsection (a), Section 103.005, Agriculture
6-61 Code, is amended to read as follows:
6-62 (a) A person who deals with a license holder under Chapter
6-63 101 [or 102 of this code] in the purchasing, handling, selling, and
6-64 accounting for sales of vegetables or citrus fruit and who is
6-65 aggrieved by an action of the license holder as a result of a
6-66 violation of terms or conditions of a contract made by the license
6-67 holder for the sale of Texas-grown produce may initiate a claim
6-68 against the fund by filing with the department:
6-69 (1) a sworn complaint against the license holder; and
7-1 (2) a filing fee, as provided by department rule.
7-2 SECTION 23. Subsections (a), (b), (c), (d), and (e), Section
7-3 103.008, Agriculture Code, are amended to read as follows:
7-4 (a) In making payments from the fund the department can pay
7-5 the aggrieved party all of the first $2,000 [$1,000] of any claim
7-6 and no more than 70 [60] percent of the claim above $2,000
7-7 [$1,000].
7-8 (b) The total payment of all claims arising from the same
7-9 contract with a license holder may not exceed $35,000 [$20,000].
7-10 (c) The total payment of claims against a single license
7-11 holder may not exceed $85,000 [$50,000] in any one calendar year.
7-12 (d) The department may not pay a claim against:
7-13 (1) a person who was not licensed on the date the
7-14 contract on which the claim is based was entered into; or
7-15 (2) a cash dealer registered [licensed] under Chapter
7-16 101 [or 102 of this code].
7-17 (e) Payments from the fund during a fiscal year may not
7-18 exceed two times the average amount of money deposited into the
7-19 fund during the previous three [that] fiscal years [year], except
7-20 that surplus funds remaining at the end of each fiscal year are
7-21 available for the payment of claims during any succeeding year. In
7-22 no case shall payment of claims cause the balance of the fund to
7-23 fall below $100,000.
7-24 SECTION 24. Subsection (c), Section 103.009, Agriculture
7-25 Code, is amended to read as follows:
7-26 (c) If the license holder does not reimburse the fund or pay
7-27 the aggrieved party, or does not agree to do so, in accordance with
7-28 this section, the department shall issue an order canceling the
7-29 license and may not issue a new license to that person for four
7-30 years from the date of cancellation. If the license holder is a
7-31 corporation, an officer or director of the corporation or a person
7-32 owning more than 25 percent of the stock in the corporation may
7-33 not be licensed under Chapter 101 [or 102 of this code] during the
7-34 four-year period in which the corporation is ineligible for
7-35 licensing.
7-36 SECTION 25. Section 103.011, Agriculture Code, as amended by
7-37 Chapters 269 and 419, Acts of the 74th Legislature, Regular
7-38 Session, 1995, is reenacted and amended to read as follows:
7-39 Sec. 103.011. FEE. (a) Except as otherwise provided by
7-40 this section, a license holder [commission merchant or retailer]
7-41 licensed under Chapter 101 [or 102 of this code] shall pay an
7-42 annual fee to the fund[,] as provided by department rule [of $200].
7-43 (b) [A retailer who is licensed under Chapter 101 or 102 of
7-44 this code and whose annual purchases of vegetables and citrus fruit
7-45 are less than $15,000 a year shall pay an annual fee, as provided
7-46 by department rule.]
7-47 [(c) A person who is required by Subsection (a) of this
7-48 section to pay a fee and who is licensed in one of those
7-49 classifications under both Chapters 101 and 102 of this code may
7-50 pay a single fee, as provided by department rule. A person who is
7-51 required by Subsection (b) of this section to pay a fee and who is
7-52 licensed in that classification under both Chapters 101 and 102 of
7-53 this code may pay a single fee, as provided by department rule.]
7-54 [(b)] A person registered as a cash dealer or a marketing
7-55 association organized under Chapter 52 [of this code] that handles
7-56 citrus fruit only for its members is exempt from payment of the fee
7-57 under this section.
7-58 (c) The fee required by Subsection (a) is in addition to any
7-59 licensing fee paid and is due at the time of making the license
7-60 application. The department may not issue a license to a person
7-61 who fails to pay the fee.
7-62 SECTION 26. Subsection (a), Section 103.013, Agriculture
7-63 Code, is amended to read as follows:
7-64 (a) A person commits an offense if the person acts or
7-65 assumes to act as a license holder under Chapter 101 [or 102 of
7-66 this code] without first paying the fee required by this chapter.
7-67 SECTION 27. Subchapter A, Chapter 102, Agriculture Code, is
7-68 repealed.
7-69 SECTION 28. (a) This Act takes effect September 1, 1999.
8-1 (b) Section 101.005, Agriculture Code, as amended by this
8-2 Act, applies only to an application made on or after the effective
8-3 date of this Act. An application that is made before the effective
8-4 date of this Act is governed by the law as it existed immediately
8-5 before the effective date of this Act, and the former law is
8-6 continued in effect for that purpose.
8-7 (c) Section 103.008, Agriculture Code, as amended by this
8-8 Act, applies only to a claim made on or after the effective date of
8-9 this Act. A claim that is made before the effective date of this
8-10 Act is governed by the law as it existed immediately before the
8-11 effective date of this Act, and the former law is continued in
8-12 effect for that purpose.
8-13 SECTION 29. The importance of this legislation and the
8-14 crowded condition of the calendars in both houses create an
8-15 emergency and an imperative public necessity that the
8-16 constitutional rule requiring bills to be read on three several
8-17 days in each house be suspended, and this rule is hereby suspended.
8-18 * * * * *