By:  Armbrister                                        S.B. No. 938
         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
 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
 2-1     relating to the taxpayer's acreage in cotton, grain, and other
 2-2     leading products of the state.]
 2-3           [(c)  The head of each state agency or institution shall
 2-4     furnish information for the purposes of this section at the request
 2-5     of the department.]
 2-6           [(d)  In performing duties under this section, the department
 2-7     may enter any manufacturing establishment chartered or authorized
 2-8     to do business in this state.  Those establishments shall furnish
 2-9     appropriate information at the request of the department.]
2-10           SECTION 3.  Section 12.0201, Agriculture Code, is amended to
2-11     read as follows:
2-12           Sec. 12.0201.  LICENSE SANCTIONS.  (a)  In addition to other
2-13     sanctions provided by law, the [The] department may [shall] revoke,
2-14     modify, suspend, or refuse to issue or renew a license, assess an
2-15     administrative penalty, place on probation a person whose license
2-16     has been suspended, or reprimand a license holder if [for a
2-17     violation of this code or a rule of] the department finds that the
2-18     practitioner:
2-19                 (1)  violated a provision of this code;
2-20                 (2)  violated a rule adopted by the department under
2-21     this code; or
2-22                 (3)  after appropriate notice, failed to comply with an
2-23     order of the department.
2-24           (b)  In addition to any other actions permitted under this
2-25     code, if [If] a license suspension is probated, the department may
2-26     require the practitioner:
 3-1                 (1)  to maintain additional information in the
 3-2     practitioner's records;
 3-3                 (2)  to report regularly to the department on matters
 3-4     that are the basis of the probation;
 3-5                 (3) [(2)]  to limit practice to the areas prescribed by
 3-6     the department; or
 3-7                 (4) [(3)]  to continue or review professional education
 3-8     until the practitioner attains a degree of skill satisfactory to
 3-9     the department in those areas that are the basis of the probation.
3-10           SECTION 4.  Section 12.021, Agriculture Code, is amended to
3-11     read as follows:
3-12           Sec. 12.021.  FEE FOR PHYTOSANITATION [CERTIFICATE]
3-13     INSPECTION; ISSUANCE OF CERTIFICATE.  The department shall collect
3-14     an inspection fee, as provided by department rule, for a
3-15     phytosanitation inspection required by foreign countries or other
3-16     states for agricultural products, processed products, or equipment
3-17     exported from this state.  The department may issue a phytosanitary
3-18     certificate on completion of the inspection.
3-19           SECTION 5.  Section 18.001(2), Agriculture Code, is amended
3-20     to read as follows:
3-21                 (2)  "Logo" means the department's appropriately
3-22     registered [copyrighted] "Texas Department of Agriculture Certified
3-23     Organic" or "Texas Department of Agriculture Organic Certification
3-24     Pending--Transitional" logotype.
3-25           SECTION 6.  Section 18.010(a), Agriculture Code, is amended
3-26     to read as follows:
 4-1           (a)  If food or fiber is being sold in violation of this
 4-2     subchapter or a rule adopted under this subchapter, the department
 4-3     may issue a written order to stop the sale of that item of food or
 4-4     fiber by a person in control of the item.  The person named in the
 4-5     order may not sell the item labeled, marketed, advertised, or
 4-6     otherwise represented as "organic" until:
 4-7                 (1)  permitted by a court under Subsection (b) of this
 4-8     section; or
 4-9                 (2)  the department determines that the sale of the
4-10     item is in compliance with this subchapter and rules adopted under
4-11     this subchapter.
4-12           SECTION 7.  Section 41.052, Agriculture Code, is amended to
4-13     read as follows:
4-14           Sec. 41.052.  STATE AGENCY.  (a)  Each board is a state
4-15     agency for [all] purposes of indemnification and is exempt from
4-16     taxation in the same manner and to the same extent as are other
4-17     agencies of the state.
4-18           (b)  Each board is a governmental unit for purposes of
4-19     Section 101.001, Civil Practice and Remedies Code, and is a
4-20     governmental body for purposes of Chapters 551 and 552, Government
4-21     Code.
4-22           SECTION 8.  Section 45.006(c), Agriculture Code, is amended
4-23     to read as follows:
4-24           (c)  The board shall meet at least [twice] annually, and the
4-25     chairman may call additional meetings.  The board may meet with the
4-26     corresponding body established by Israel if a majority of the board
 5-1     decides that such a joint meeting would help to meet the objectives
 5-2     of this chapter.
 5-3           SECTION 9.  Section 62.008, Agriculture Code, is amended by
 5-4     amending Subsections (a)-(c) to read as follows:
 5-5           (a)  The department is the certifying agency in Texas for the
 5-6     certification of seed and plants.  The department shall employ a
 5-7     sufficient number of inspectors [from persons nominated by the
 5-8     board] to carry out the inspection provisions of this chapter.
 5-9     Inspectors must meet qualifications set by the board.
5-10           (b)  A person who is licensed as a Foundation, Registered, or
5-11     Certified seed or plant producer or[,] who is registered as a plant
5-12     breeder[, or who has a certificate of registration for a cotton
5-13     variety] is eligible to have seed or plants of an eligible class
5-14     and variety certified by the department.  On request by a licensed
5-15     producer or a[,] registered plant breeder[, or registrant of a
5-16     cotton variety] to have seed or plants certified, the department
5-17     shall inspect the producer's or registrant's fields, facilities,
5-18     and seed or plants.  Inspection may include tests approved by the
5-19     board and carried out by inspectors under the authority of the
5-20     department.
5-21           (c)  After inspection, if the department determines that the
5-22     production of seed or plants has met the standards and rules
5-23     prescribed by the board, it shall cause to be attached to each
5-24     container of the product a label identifying the seed or plant and
5-25     the certified class and including other information required by
5-26     statute or by rule of the board.  The department [board] shall
 6-1     prescribe the format of the label.
 6-2           SECTION 10.  Section 71.041(4), Agriculture Code, is amended
 6-3     to read as follows:
 6-4                 (4)  "Nursery grower" means a person who grows more
 6-5     than 50 percent of the nursery products or florist items that the
 6-6     person either sells or leases, regardless of the variety sold,
 6-7     leased, or grown.
 6-8           SECTION 11.  Section 71.044, Agriculture Code, is amended by
 6-9     adding Subsection (d) to read as follows:
6-10           (d)  This section does not apply to a physical location
6-11     maintained by a registrant under Section 71.043 who does not
6-12     maintain an inventory of nursery products or florist items at the
6-13     location.
6-14           SECTION 12.  Section 4, Chapter 1033, Acts of the 71st
6-15     Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas
6-16     Civil Statutes), is amended to read as follows:
6-17           Sec. 4.  DOCUMENTATION OF MOTOR FUEL MIXTURE SALES.  (a)  A
6-18     distributor, supplier, wholesaler, or jobber of motor fuel, as
6-19     those persons are defined by Section 153.001, Tax Code, may not
6-20     make a delivery of motor fuel containing ethanol or methanol if the
6-21     ethanol or methanol in the motor fuel mixture exceeds one percent
6-22     by volume, other than a delivery made into the fuel supply tanks of
6-23     a motor vehicle, to any outlet in this state unless the person
6-24     delivers to the outlet receiving the delivery at the time of the
6-25     delivery of the mixture:
6-26                 (1)  the sign described in Section 3 of this Act in
 7-1     sufficient quantities for the dealer receiving the motor fuel
 7-2     mixture to comply with the requirements of this Act; and
 7-3                 (2)  a manifest, bill of sale, bill of lading, or any
 7-4     other document evidencing delivery of the motor fuel containing
 7-5     ethanol or methanol, which shall include a statement showing the
 7-6     percentage of ethanol or methanol contained in the mixture
 7-7     delivered, and the types and percentages of associated cosolvents,
 7-8     if any, contained in the mixture delivered.  The document shall
 7-9     also show delivery of the sign or signs, as applicable, required to
7-10     be delivered by this subsection.
7-11           (b)  On the request of any motor fuel user, a dealer must
7-12     reveal the percentage of ethanol contained in motor fuel being
7-13     sold, the percentage of methanol contained in motor fuel being
7-14     sold, and, if the motor fuel contains methanol, the types and
7-15     percentages of associated cosolvents contained in the motor fuel
7-16     being sold.
7-17           (c)  The commissioner of agriculture by rule may prescribe
7-18     the form of the statement required by Subsection (a) of this
7-19     section.
7-20           (d)  The signs required to be posted by a motor fuel dealer
7-21     under Section 3 of this Act and delivered to a motor fuel dealer
7-22     under this section shall comply with the requirements of Section 3,
7-23     Subsection (b) of this Act [be obtained from the commissioner of
7-24     agriculture].
7-25           SECTION 13.  Vernon's Texas Civil Statutes, Article 8614,
7-26     Section 9, is amended to read as follows:
 8-1           (a)  The commissioner of agriculture may adopt rules not
 8-2     inconsistent with this Act for the regulation of the sale of motor
 8-3     fuels containing ethanol and methanol.
 8-4           [(b)  The comptroller by rule may impose fees for testing
 8-5     inspection, statement or record forms, sale of signs, or the
 8-6     performance of other services provided as determined necessary by
 8-7     the commissioner of agriculture in the administration of this Act.]
 8-8                 (b) [(c)  In addition to the fees authorized by
 8-9     Subsection (b) of this section, the] The commissioner of
8-10     agriculture [comptroller] by rule may impose a fee for testing,
8-11     inspection, or the performance of other services provided as
8-12     determined necessary by the commissioner of agriculture in the
8-13     administration of this Act, to be collected on a periodic basis
8-14     determined by the commissioner of agriculture [comptroller] from
8-15     each dealer as that term is defined in Section 1 of this Act
8-16     [distributor, supplier, wholesaler, and jobber who deals in a motor
8-17     fuel,] without regard to whether the motor fuel is subject to
8-18     regulation under this Act, as determined necessary by the
8-19     commissioner of agriculture.  The commissioner of agriculture
8-20     [comptroller] by rule shall prescribe the form for reporting and
8-21     remitting the fees imposed by and under this section.
8-22           [(d)  The fees and penalties imposed by this Act or by a rule
8-23     of comptroller made pursuant to this Act shall be subject to the
8-24     provisions of Chapter 111 and Sections 153.006, and 153.401, Tax
8-25     Code, except to the extent those sections are in conflict with this
8-26     Act.]
 9-1           (d) [(e)]  The total amount of the fees collected annually
 9-2     under this Act may not exceed the lesser of:
 9-3                 (1)  the costs of administering and enforcing the
 9-4     provisions of this Act as determined necessary by the commissioner
 9-5     of agriculture; or
 9-6                 (2)  $500,000.
 9-7     (e) [(f)]  The fees collected under this section may be used only[:]
 9-8                 [(1)  by the comptroller to defray the cost of
 9-9     collecting the fees and penalties imposed by this Act but may not
9-10     exceed $25,000 annually; or]
9-11     [(2)]  by the commissioner of agriculture to defray the cost of
9-12     collecting fees imposed by the commissioner under this Act and for
9-13     the administration and enforcement of this Act.
9-14                 SECTION 14.  The following laws are repealed:
9-15           (1)  Sections 12.012, 62.007, 71.052, and 71.058 Agriculture
9-16     Code; and
9-17           (2)  Section 825.023, Health and Safety Code.
9-18           SECTION 15.  This Act takes effect immediately if it receives
9-19     a vote of two-thirds of all the members elected to each house, as
9-20     provided by Section 39, Article III, Texas Constitution.  If this
9-21     Act does not receive the vote necessary for immediate effect, this
9-22     Act takes effect September 1, 2001.