77R9560 E
By Cook H.B. No. 2000
Substitute the following for H.B. No. 2000:
By McReynolds C.S.H.B. No. 2000
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the duties of the Department of Agriculture and certain
1-3 agricultural boards.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 12, Agriculture Code, is amended by adding
1-6 Section 12.0011 to read as follows:
1-7 Sec. 12.0011. AUTHORITY TO ENTER INTO COOPERATIVE
1-8 AGREEMENTS. To carry out its duties under this code, the department
1-9 may enter into cooperative agreements with:
1-10 (1) private entities; and
1-11 (2) local, state, federal, and foreign governmental
1-12 entities.
1-13 SECTION 2. Section 12.011, Agriculture Code, is amended to
1-14 read as follows:
1-15 Sec. 12.011. AGRICULTURAL RESOURCE STATISTICS. [(a)] The
1-16 department shall collect and publish statistics and other
1-17 information relating to industries of this state and other states
1-18 that the department considers beneficial in developing the
1-19 agricultural resources of this state.
1-20 [(b) The department shall annually collect agricultural
1-21 statistics. For that purpose, before January 1 of each year it
1-22 shall furnish blank forms and instructions to the tax assessor of
1-23 each county, including forms to be completed by the taxpayer
1-24 relating to the taxpayer's acreage in cotton, grain, and other
2-1 leading products of the state.]
2-2 [(c) The head of each state agency or institution shall
2-3 furnish information for the purposes of this section at the request
2-4 of the department.]
2-5 [(d) In performing duties under this section, the department
2-6 may enter any manufacturing establishment chartered or authorized
2-7 to do business in this state. Those establishments shall furnish
2-8 appropriate information at the request of the department.]
2-9 SECTION 3. Section 12.0201, Agriculture Code, is amended to
2-10 read as follows:
2-11 Sec. 12.0201. LICENSE SANCTIONS. (a) In addition to other
2-12 sanctions provided by law, the [The] department may [shall] revoke,
2-13 modify, suspend, or refuse to issue or renew a license, assess an
2-14 administrative penalty, place on probation a person whose license
2-15 has been suspended, or reprimand a license holder if [for a
2-16 violation of this code or a rule of] the department finds that the
2-17 practitioner:
2-18 (1) violated a provision of this code;
2-19 (2) violated a rule adopted by the department under
2-20 this code; or
2-21 (3) after appropriate notice, failed to comply with an
2-22 order of the department.
2-23 (b) In addition to any other actions permitted under this
2-24 code, if [If] a license suspension is probated, the department may
2-25 require the practitioner:
2-26 (1) to maintain additional information in the
2-27 practitioner's records;
3-1 (2) to report regularly to the department on matters
3-2 that are the basis of the probation;
3-3 (3) [(2)] to limit practice to the areas prescribed by
3-4 the department; or
3-5 (4) [(3)] to continue or review professional education
3-6 until the practitioner attains a degree of skill satisfactory to
3-7 the department in those areas that are the basis of the probation.
3-8 SECTION 4. Section 12.021, Agriculture Code, is amended to
3-9 read as follows:
3-10 Sec. 12.021. FEE FOR PHYTOSANITATION [CERTIFICATE]
3-11 INSPECTION; ISSUANCE OF CERTIFICATE. The department shall collect
3-12 an inspection fee, as provided by department rule, for a
3-13 phytosanitation inspection required by foreign countries or other
3-14 states for agricultural products, processed products, or equipment
3-15 exported from this state. The department may issue a phytosanitary
3-16 certificate on completion of the inspection.
3-17 SECTION 5. Section 18.001(2), Agriculture Code, is amended to
3-18 read as follows:
3-19 (2) "Logo" means the department's appropriately
3-20 registered [copyrighted] "Texas Department of Agriculture Certified
3-21 Organic" or "Texas Department of Agriculture Organic Certification
3-22 Pending--Transitional" logotype.
3-23 SECTION 6. Section 18.010(a), Agriculture Code, is amended to
3-24 read as follows:
3-25 (a) If food or fiber is being sold in violation of this
3-26 subchapter or a rule adopted under this subchapter, the department
3-27 may issue a written order to stop the sale of that item of food or
4-1 fiber by a person in control of the item. The person named in the
4-2 order may not sell the item labeled, marketed, advertised, or
4-3 otherwise represented as "organic" until:
4-4 (1) permitted by a court under Subsection (b) of this
4-5 section; or
4-6 (2) the department determines that the sale of the
4-7 item is in compliance with this subchapter and rules adopted under
4-8 this subchapter.
4-9 SECTION 7. Section 41.052, Agriculture Code, is amended to
4-10 read as follows:
4-11 Sec. 41.052. STATE AGENCY. (a) Each board is a state agency
4-12 for [all] purposes of indemnification and is exempt from taxation
4-13 in the same manner and to the same extent as are other agencies of
4-14 the state.
4-15 (b) Each board is a governmental unit for purposes of
4-16 Section 101.001, Civil Practice and Remedies Code, and is a
4-17 governmental body for purposes of Chapters 551 and 552, Government
4-18 Code.
4-19 SECTION 8. Section 45.006(c), Agriculture Code, is amended to
4-20 read as follows:
4-21 (c) The board shall meet at least [twice] annually, and the
4-22 chairman may call additional meetings. The board may meet with the
4-23 corresponding body established by Israel if a majority of the board
4-24 decides that such a joint meeting would help to meet the objectives
4-25 of this chapter.
4-26 SECTION 9. Sections 62.008(a)-(c), Agriculture Code, are
4-27 amended to read as follows:
5-1 (a) The department is the certifying agency in Texas for the
5-2 certification of seed and plants. The department shall employ a
5-3 sufficient number of inspectors [from persons nominated by the
5-4 board] to carry out the inspection provisions of this chapter.
5-5 Inspectors must meet qualifications set by the board.
5-6 (b) A person who is licensed as a Foundation, Registered, or
5-7 Certified seed or plant producer or [,] who is registered as a
5-8 plant breeder [, or who has a certificate of registration for a
5-9 cotton variety] is eligible to have seed or plants of an eligible
5-10 class and variety certified by the department. On request by a
5-11 licensed producer or a [,] registered plant breeder [, or
5-12 registrant of a cotton variety] to have seed or plants certified,
5-13 the department shall inspect the producer's or registrant's fields,
5-14 facilities, and seed or plants. Inspection may include tests
5-15 approved by the board and carried out by inspectors under the
5-16 authority of the department.
5-17 (c) After inspection, if the department determines that the
5-18 production of seed or plants has met the standards and rules
5-19 prescribed by the board, it shall cause to be attached to each
5-20 container of the product a label identifying the seed or plant and
5-21 the certified class and including other information required by
5-22 statute or by rule of the board. The department [board] shall
5-23 prescribe the format of the label.
5-24 SECTION 10. Section 71.041(4), Agriculture Code, is amended
5-25 to read as follows:
5-26 (4) "Nursery grower" means a person who grows more
5-27 than 50 percent of the nursery products or florist items that the
6-1 person either sells or leases, regardless of the variety sold,
6-2 leased, or grown.
6-3 SECTION 11. Section 71.044, Agriculture Code, is amended by
6-4 adding Subsection (d) to read as follows:
6-5 (d) This section does not apply to a physical location
6-6 maintained by a registrant under Section 71.043 who does not
6-7 maintain an inventory of nursery products or florist items at the
6-8 location.
6-9 SECTION 12. Sections 4 and 9, Chapter 1033, Acts of the 71st
6-10 Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas
6-11 Civil Statutes), are amended to read as follows:
6-12 Sec. 4. DOCUMENTATION OF MOTOR FUEL MIXTURE SALES. (a) A
6-13 distributor, supplier, wholesaler, or jobber of motor fuel, as
6-14 those persons are defined by Section 153.001, Tax Code, may not
6-15 make a delivery of motor fuel containing ethanol or methanol if the
6-16 ethanol or methanol in the motor fuel mixture exceeds one percent
6-17 by volume, other than a delivery made into the fuel supply tanks of
6-18 a motor vehicle, to any outlet in this state unless the person
6-19 delivers to the outlet receiving the delivery at the time of the
6-20 delivery of the mixture:
6-21 (1) the sign described in Section 3 of this Act in
6-22 sufficient quantities for the dealer receiving the motor fuel
6-23 mixture to comply with the requirements of this Act; and
6-24 (2) a manifest, bill of sale, bill of lading, or any
6-25 other document evidencing delivery of the motor fuel containing
6-26 ethanol or methanol, which shall include a statement showing the
6-27 percentage of ethanol or methanol contained in the mixture
7-1 delivered, and the types and percentages of associated cosolvents,
7-2 if any, contained in the mixture delivered. The document shall
7-3 also show delivery of the sign or signs, as applicable, required to
7-4 be delivered by this subsection.
7-5 (b) On the request of any motor fuel user, a dealer must
7-6 reveal the percentage of ethanol contained in motor fuel being
7-7 sold, the percentage of methanol contained in motor fuel being
7-8 sold, and, if the motor fuel contains methanol, the types and
7-9 percentages of associated cosolvents contained in the motor fuel
7-10 being sold.
7-11 (c) The commissioner of agriculture by rule may prescribe
7-12 the form of the statement required by Subsection (a) of this
7-13 section.
7-14 (d) [The signs required to be posted by a motor fuel dealer
7-15 under Section 3 of this Act and delivered to a motor fuel dealer
7-16 under this section shall be obtained from the commissioner of
7-17 agriculture.]
7-18 [(e)] If the commissioner of agriculture determines that
7-19 certain types of motor fuel, such as diesel or liquefied petroleum
7-20 gas, are not sold in this state as mixtures with alcohol in
7-21 sufficient quantities to warrant regulation of those deliveries
7-22 under this Act, the commissioner may limit the application of
7-23 Section 3 of this Act and this section to motor fuels sold in
7-24 sufficient quantity to warrant regulation.
7-25 Sec. 9. RULES AND FEES. (a) The commissioner of agriculture
7-26 may adopt rules [not inconsistent with this Act] for the regulation
7-27 of the sale of motor fuels containing ethanol and methanol.
8-1 (b) The commissioner of agriculture [comptroller] by rule
8-2 may impose fees for testing, inspection, [statement or record
8-3 forms, sale of signs,] or the performance of other services
8-4 provided as determined necessary by the commissioner [of
8-5 agriculture] in the administration of this Act.
8-6 (c) A fee [In addition to the fees] authorized by Subsection
8-7 (b) shall [of this section, the comptroller by rule may impose a
8-8 fee to] be collected on a periodic basis determined by the
8-9 commissioner of agriculture [comptroller] from each dealer,
8-10 regardless of [distributor, supplier, wholesaler, and jobber who
8-11 deals in a motor fuel, without regard to] whether the motor fuel is
8-12 subject to regulation under this Act, as determined necessary by
8-13 the commissioner [of agriculture]. The commissioner [comptroller]
8-14 by rule shall prescribe the form for reporting and remitting the
8-15 fees imposed [by and] under this section.
8-16 (d) [The fees and penalties imposed by this Act or by a rule
8-17 of the comptroller made pursuant to this Act shall be subject to
8-18 the provisions of Chapter 111 and Sections 153.006, 153.007, and
8-19 153.401, Tax Code, except to the extent those sections are in
8-20 conflict with this Act.]
8-21 [(e)] The total amount of the fees collected annually under
8-22 this section [Act] may not exceed the lesser of:
8-23 (1) the costs of administering and enforcing the
8-24 provisions of this Act as determined necessary by the commissioner
8-25 of agriculture; or
8-26 (2) $500,000.
8-27 (e) [(f)] The fees collected under this section may be used
9-1 only by the commissioner of agriculture:
9-2 (1) [by the comptroller] to defray the cost of
9-3 collecting the fees [and penalties] imposed by the commissioner
9-4 under this Act [but may not exceed $25,000 annually]; and [or]
9-5 (2) [by the commissioner of agriculture] for the
9-6 administration and enforcement of this Act.
9-7 SECTION 13. The following laws are repealed:
9-8 (1) Sections 12.012, 62.007, 71.052, and 71.058(d),
9-9 Agriculture Code; and
9-10 (2) Section 825.023, Health and Safety Code.
9-11 SECTION 14. A fee imposed by the comptroller under Section
9-12 9, Chapter 1033, Acts of the 71st Legislature, Regular Session,
9-13 1989 (Article 8614, Vernon's Texas Civil Statutes), before the
9-14 effective date of this Act and in effect on the day before that
9-15 effective date continues in effect as a fee imposed by the
9-16 commissioner of agriculture under that section after the effective
9-17 date of this Act until repealed, amended, or otherwise superseded
9-18 by the commissioner of agriculture.
9-19 SECTION 15. This Act takes effect immediately if it receives
9-20 a vote of two-thirds of all the members elected to each house, as
9-21 provided by Section 39, Article III, Texas Constitution. If this
9-22 Act does not receive the vote necessary for immediate effect, this
9-23 Act takes effect September 1, 2001.