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
1-6 adding 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
1-9 department 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
1-25 leading products of the state.]
2-1 [(c) The head of each state agency or institution shall
2-2 furnish information for the purposes of this section at the request
2-3 of the department.]
2-4 [(d) In performing duties under this section, the department
2-5 may enter any manufacturing establishment chartered or authorized
2-6 to do business in this state. Those establishments shall furnish
2-7 appropriate information at the request of the department.]
2-8 SECTION 3. Section 12.0201, Agriculture Code, is amended to
2-9 read as follows:
2-10 Sec. 12.0201. LICENSE SANCTIONS. (a) In addition to other
2-11 sanctions provided by law, the [The] department may [shall] revoke,
2-12 modify, suspend, or refuse to issue or renew a license, assess an
2-13 administrative penalty, place on probation a person whose license
2-14 has been suspended, or reprimand a license holder if [for a
2-15 violation of this code or a rule of] the department finds that the
2-16 practitioner:
2-17 (1) violated a provision of this code;
2-18 (2) violated a rule adopted by the department under
2-19 this code; or
2-20 (3) after appropriate notice, failed to comply with an
2-21 order of the department.
2-22 (b) In addition to any other actions permitted under this
2-23 code, if [If] a license suspension is probated, the department may
2-24 require the practitioner:
2-25 (1) to maintain additional information in the
2-26 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. Subdivision (2), Section 18.001, Agriculture
3-18 Code, is amended to 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. Subsection (a), Section 18.010, Agriculture Code,
3-24 is amended to 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
4-1 may issue a written order to stop the sale of that item of food or
4-2 fiber by a person in control of the item. The person named in the
4-3 order may not sell the item labeled, marketed, advertised, or
4-4 otherwise represented as "organic" until:
4-5 (1) permitted by a court under Subsection (b) of this
4-6 section; or
4-7 (2) the department determines that the sale of the
4-8 item is in compliance with this subchapter and rules adopted under
4-9 this subchapter.
4-10 SECTION 7. Section 41.052, Agriculture Code, is amended to
4-11 read as follows:
4-12 Sec. 41.052. STATE AGENCY. (a) Each board is a state
4-13 agency for [all] purposes of indemnification and is exempt from
4-14 taxation in the same manner and to the same extent as are other
4-15 agencies of the state.
4-16 (b) Each board is a governmental unit for purposes of
4-17 Section 101.001, Civil Practice and Remedies Code, and is a
4-18 governmental body for purposes of Chapters 551 and 552, Government
4-19 Code.
4-20 SECTION 8. Subsection (c), Section 45.006, Agriculture Code,
4-21 is amended to read as follows:
4-22 (c) The board shall meet at least [twice] annually, and the
4-23 chairman may call additional meetings. The board may meet with the
4-24 corresponding body established by Israel if a majority of the board
4-25 decides that such a joint meeting would help to meet the objectives
4-26 of this chapter.
5-1 SECTION 9. Subsections (a), (b), and (c), Section 62.008,
5-2 Agriculture Code, are amended to read as follows:
5-3 (a) The department is the certifying agency in Texas for the
5-4 certification of seed and plants. The department shall employ a
5-5 sufficient number of inspectors [from persons nominated by the
5-6 board] to carry out the inspection provisions of this chapter.
5-7 Inspectors must meet qualifications set by the board.
5-8 (b) A person who is licensed as a Foundation, Registered, or
5-9 Certified seed or plant producer or[,] who is registered as a plant
5-10 breeder[, or who has a certificate of registration for a cotton
5-11 variety] is eligible to have seed or plants of an eligible class
5-12 and variety certified by the department. On request by a licensed
5-13 producer or a[,] registered plant breeder[, or registrant of a
5-14 cotton variety] to have seed or plants certified, the department
5-15 shall inspect the producer's or registrant's fields, facilities,
5-16 and seed or plants. Inspection may include tests approved by the
5-17 board and carried out by inspectors under the authority of the
5-18 department.
5-19 (c) After inspection, if the department determines that the
5-20 production of seed or plants has met the standards and rules
5-21 prescribed by the board, it shall cause to be attached to each
5-22 container of the product a label identifying the seed or plant and
5-23 the certified class and including other information required by
5-24 statute or by rule of the board. The department [board] shall
5-25 prescribe the format of the label.
5-26 SECTION 10. Subdivision (4), Section 71.041, Agriculture
6-1 Code, is amended to read as follows:
6-2 (4) "Nursery grower" means a person who grows more
6-3 than 50 percent of the nursery products or florist items that the
6-4 person either sells or leases, regardless of the variety sold,
6-5 leased, or grown.
6-6 SECTION 11. Section 71.044, Agriculture Code, is amended by
6-7 adding Subsection (d) to read as follows:
6-8 (d) This section does not apply to a physical location
6-9 maintained by a registrant under Section 71.043 who does not
6-10 maintain an inventory of nursery products or florist items at the
6-11 location.
6-12 SECTION 12. Section 4, Chapter 1033, Acts of the 71st
6-13 Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas
6-14 Civil Statutes), is amended to read as follows:
6-15 Sec. 4. DOCUMENTATION OF MOTOR FUEL MIXTURE SALES. (a) A
6-16 distributor, supplier, wholesaler, or jobber of motor fuel, as
6-17 those persons are defined by Section 153.001, Tax Code, may not
6-18 make a delivery of motor fuel containing ethanol or methanol if the
6-19 ethanol or methanol in the motor fuel mixture exceeds one percent
6-20 by volume, other than a delivery made into the fuel supply tanks of
6-21 a motor vehicle, to any outlet in this state unless the person
6-22 delivers to the outlet receiving the delivery at the time of the
6-23 delivery of the mixture:
6-24 (1) the sign described in Section 3 of this Act in
6-25 sufficient quantities for the dealer receiving the motor fuel
6-26 mixture to comply with the requirements of this Act; and
7-1 (2) a manifest, bill of sale, bill of lading, or any
7-2 other document evidencing delivery of the motor fuel containing
7-3 ethanol or methanol, which shall include a statement showing the
7-4 percentage of ethanol or methanol contained in the mixture
7-5 delivered, and the types and percentages of associated cosolvents,
7-6 if any, contained in the mixture delivered. The document shall
7-7 also show delivery of the sign or signs, as applicable, required to
7-8 be delivered by this subsection.
7-9 (b) On the request of any motor fuel user, a dealer must
7-10 reveal the percentage of ethanol contained in motor fuel being
7-11 sold, the percentage of methanol contained in motor fuel being
7-12 sold, and, if the motor fuel contains methanol, the types and
7-13 percentages of associated cosolvents contained in the motor fuel
7-14 being sold.
7-15 (c) The commissioner of agriculture by rule may prescribe
7-16 the form of the statement required by Subsection (a) of this
7-17 section.
7-18 (d) [The signs required to be posted by a motor fuel dealer
7-19 under Section 3 of this Act and delivered to a motor fuel dealer
7-20 under this section shall be obtained from the commissioner of
7-21 agriculture.]
7-22 [(e)] If the commissioner of agriculture determines that
7-23 certain types of motor fuel, such as diesel or liquefied petroleum
7-24 gas, are not sold in this state as mixtures with alcohol in
7-25 sufficient quantities to warrant regulation of those deliveries
7-26 under this Act, the commissioner may limit the application of
8-1 Section 3 of this Act and this section to motor fuels sold in
8-2 sufficient quantity to warrant regulation.
8-3 SECTION 13. Section 9, Chapter 1033, Acts of the 71st
8-4 Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas
8-5 Civil Statutes), is amended to read as follows:
8-6 Sec. 9. RULES AND FEES. (a) The commissioner of
8-7 agriculture may adopt rules not inconsistent with this Act for the
8-8 regulation of the sale of motor fuels containing ethanol and
8-9 methanol.
8-10 (b) The commissioner of agriculture [comptroller by rule may
8-11 impose fees for testing, inspection, statement or record forms,
8-12 sale of signs, or the performance of other services provided as
8-13 determined necessary by the commissioner of agriculture in the
8-14 administration of this Act.]
8-15 [(c) In addition to the fees authorized by Subsection (b) of
8-16 this section, the comptroller] by rule may impose a fee for
8-17 testing, inspection, or the performance of other services provided
8-18 as determined necessary by the commissioner of agriculture in the
8-19 administration of this Act, to be collected on a periodic basis
8-20 determined by the commissioner of agriculture [comptroller] from
8-21 each dealer as that term is defined in Section 1 of this Act
8-22 [distributor, supplier, wholesaler, and jobber who deals in a motor
8-23 fuel,] without regard to whether the motor fuel is subject to
8-24 regulation under this Act, as determined necessary by the
8-25 commissioner of agriculture. The commissioner of agriculture
8-26 [comptroller] by rule shall prescribe the form for reporting and
9-1 remitting the fees imposed by and under this section.
9-2 (d) [The fees and penalties imposed by this Act or by a rule
9-3 of the comptroller made pursuant to this Act shall be subject to
9-4 the provisions of Chapter 111 and Sections 153.006, 153.007, and
9-5 153.401, Tax Code, except to the extent those sections are in
9-6 conflict with this Act.]
9-7 [(e)] The total amount of the fees collected annually under
9-8 this Act may not exceed the lesser of:
9-9 (1) the costs of administering and enforcing the
9-10 provisions of this Act as determined necessary by the commissioner
9-11 of agriculture; or
9-12 (2) $500,000.
9-13 (e) [(f)] The fees collected under this section may be used
9-14 only[:]
9-15 [(1) by the comptroller to defray the cost of
9-16 collecting the fees and penalties imposed by this Act but may not
9-17 exceed $25,000 annually; or]
9-18 [(2)] by the commissioner of agriculture to defray the
9-19 cost of collecting fees imposed by the commissioner under this Act
9-20 and for the administration and enforcement of this Act.
9-21 SECTION 14. The following laws are repealed:
9-22 (1) Sections 12.012, 62.007, and 71.052 and Subsection
9-23 (d), Section 71.058, Agriculture Code; and
9-24 (2) Section 825.023, Health and Safety Code.
9-25 SECTION 15. This Act takes effect immediately if it receives
9-26 a vote of two-thirds of all the members elected to each house, as
10-1 provided by Section 39, Article III, Texas Constitution. If this
10-2 Act does not receive the vote necessary for immediate effect, this
10-3 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 938 passed the Senate on
March 22, 2001, by the following vote: Yeas 30, Nays 0, one
present, not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 938 passed the House on
April 24, 2001, by the following vote: Yeas 146, Nays 0, two
present, not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor