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