1-1 By: Armbrister S.B. No. 938
1-2 (In the Senate - Filed February 26, 2001; February 27, 2001,
1-3 read first time and referred to Committee on Natural Resources;
1-4 March 15, 2001, reported favorably, as amended, by the following
1-5 vote: Yeas 6, Nays 0; March 15, 2001, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Bivins
1-7 Amend S.B. No. 938, on page 3, lines 55-59, by bracketing and
1-8 striking the entire Subsection (d).
1-9 COMMITTEE AMENDMENT NO. 2 By: Bivins
1-10 Amend S.B. No. 938, on page 4, line 43, by adding "(d)" after
1-11 "71.058".
1-12 A BILL TO BE ENTITLED
1-13 AN ACT
1-14 relating to the duties of the Department of Agriculture and certain
1-15 agricultural boards.
1-16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-17 SECTION 1. Chapter 12, Agriculture Code, is amended by
1-18 adding Section 12.0011 to read as follows:
1-19 Sec. 12.0011. AUTHORITY TO ENTER INTO COOPERATIVE
1-20 AGREEMENTS. To carry out its duties under this code, the
1-21 department may enter into cooperative agreements with:
1-22 (1) private entities; and
1-23 (2) local, state, federal, and foreign governmental
1-24 entities.
1-25 SECTION 2. Section 12.011, Agriculture Code, is amended to
1-26 read as follows:
1-27 Sec. 12.011. AGRICULTURAL RESOURCE STATISTICS. [(a)] The
1-28 department shall collect and publish statistics and other
1-29 information relating to industries of this state and other states
1-30 that the department considers beneficial in developing the
1-31 agricultural resources of this state.
1-32 [(b) The department shall annually collect agricultural
1-33 statistics. For that purpose, before January 1 of each year it
1-34 shall furnish blank forms and instructions to the tax assessor of
1-35 each county, including forms to be completed by the taxpayer
1-36 relating to the taxpayer's acreage in cotton, grain, and other
1-37 leading products of the state.]
1-38 [(c) The head of each state agency or institution shall
1-39 furnish information for the purposes of this section at the request
1-40 of the department.]
1-41 [(d) In performing duties under this section, the department
1-42 may enter any manufacturing establishment chartered or authorized
1-43 to do business in this state. Those establishments shall furnish
1-44 appropriate information at the request of the department.]
1-45 SECTION 3. Section 12.0201, Agriculture Code, is amended to
1-46 read as follows:
1-47 Sec. 12.0201. LICENSE SANCTIONS. (a) In addition to other
1-48 sanctions provided by law, the [The] department may [shall] revoke,
1-49 modify, suspend, or refuse to issue or renew a license, assess an
1-50 administrative penalty, place on probation a person whose license
1-51 has been suspended, or reprimand a license holder if [for a
1-52 violation of this code or a rule of] the department finds that the
1-53 practitioner:
1-54 (1) violated a provision of this code;
1-55 (2) violated a rule adopted by the department under
1-56 this code; or
1-57 (3) after appropriate notice, failed to comply with an
1-58 order of the department.
1-59 (b) In addition to any other actions permitted under this
1-60 code, if [If] a license suspension is probated, the department may
1-61 require the practitioner:
2-1 (1) to maintain additional information in the
2-2 practitioner's records;
2-3 (2) to report regularly to the department on matters
2-4 that are the basis of the probation;
2-5 (3) [(2)] to limit practice to the areas prescribed by
2-6 the department; or
2-7 (4) [(3)] to continue or review professional education
2-8 until the practitioner attains a degree of skill satisfactory to
2-9 the department in those areas that are the basis of the probation.
2-10 SECTION 4. Section 12.021, Agriculture Code, is amended to
2-11 read as follows:
2-12 Sec. 12.021. FEE FOR PHYTOSANITATION [CERTIFICATE]
2-13 INSPECTION; ISSUANCE OF CERTIFICATE. The department shall collect
2-14 an inspection fee, as provided by department rule, for a
2-15 phytosanitation inspection required by foreign countries or other
2-16 states for agricultural products, processed products, or equipment
2-17 exported from this state. The department may issue a phytosanitary
2-18 certificate on completion of the inspection.
2-19 SECTION 5. Subdivision (2) Section 18.001, Agriculture Code,
2-20 is amended to read as follows:
2-21 (2) "Logo" means the department's appropriately
2-22 registered [copyrighted] "Texas Department of Agriculture Certified
2-23 Organic" or "Texas Department of Agriculture Organic Certification
2-24 Pending--Transitional" logotype.
2-25 SECTION 6. Subsection (a), Section 18.010, Agriculture Code,
2-26 is amended to read as follows:
2-27 (a) If food or fiber is being sold in violation of this
2-28 subchapter or a rule adopted under this subchapter, the department
2-29 may issue a written order to stop the sale of that item of food or
2-30 fiber by a person in control of the item. The person named in the
2-31 order may not sell the item labeled, marketed, advertised, or
2-32 otherwise represented as "organic" until:
2-33 (1) permitted by a court under Subsection (b) of this
2-34 section; or
2-35 (2) the department determines that the sale of the
2-36 item is in compliance with this subchapter and rules adopted under
2-37 this subchapter.
2-38 SECTION 7. Section 41.052, Agriculture Code, is amended to
2-39 read as follows:
2-40 Sec. 41.052. STATE AGENCY. (a) Each board is a state
2-41 agency for [all] purposes of indemnification and is exempt from
2-42 taxation in the same manner and to the same extent as are other
2-43 agencies of the state.
2-44 (b) Each board is a governmental unit for purposes of
2-45 Section 101.001, Civil Practice and Remedies Code, and is a
2-46 governmental body for purposes of Chapters 551 and 552, Government
2-47 Code.
2-48 SECTION 8. Subsection (c), Section 45.006, Agriculture Code,
2-49 is amended to read as follows:
2-50 (c) The board shall meet at least [twice] annually, and the
2-51 chairman may call additional meetings. The board may meet with the
2-52 corresponding body established by Israel if a majority of the board
2-53 decides that such a joint meeting would help to meet the objectives
2-54 of this chapter.
2-55 SECTION 9. Subsections (a), (b), and (c), Section 62.008,
2-56 Agriculture Code, are amended to read as follows:
2-57 (a) The department is the certifying agency in Texas for the
2-58 certification of seed and plants. The department shall employ a
2-59 sufficient number of inspectors [from persons nominated by the
2-60 board] to carry out the inspection provisions of this chapter.
2-61 Inspectors must meet qualifications set by the board.
2-62 (b) A person who is licensed as a Foundation, Registered, or
2-63 Certified seed or plant producer or[,] who is registered as a plant
2-64 breeder[, or who has a certificate of registration for a cotton
2-65 variety] is eligible to have seed or plants of an eligible class
2-66 and variety certified by the department. On request by a licensed
2-67 producer or a[,] registered plant breeder[, or registrant of a
2-68 cotton variety] to have seed or plants certified, the department
2-69 shall inspect the producer's or registrant's fields, facilities,
3-1 and seed or plants. Inspection may include tests approved by the
3-2 board and carried out by inspectors under the authority of the
3-3 department.
3-4 (c) After inspection, if the department determines that the
3-5 production of seed or plants has met the standards and rules
3-6 prescribed by the board, it shall cause to be attached to each
3-7 container of the product a label identifying the seed or plant and
3-8 the certified class and including other information required by
3-9 statute or by rule of the board. The department [board] shall
3-10 prescribe the format of the label.
3-11 SECTION 10. Subdivision (4), Section 71.041, Agriculture
3-12 Code, is amended to read as follows:
3-13 (4) "Nursery grower" means a person who grows more
3-14 than 50 percent of the nursery products or florist items that the
3-15 person either sells or leases, regardless of the variety sold,
3-16 leased, or grown.
3-17 SECTION 11. Section 71.044, Agriculture Code, is amended by
3-18 adding Subsection (d) to read as follows:
3-19 (d) This section does not apply to a physical location
3-20 maintained by a registrant under Section 71.043 who does not
3-21 maintain an inventory of nursery products or florist items at the
3-22 location.
3-23 SECTION 12. Section 4, Chapter 1033, Acts of the 71st
3-24 Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas
3-25 Civil Statutes), is amended to read as follows:
3-26 Sec. 4. DOCUMENTATION OF MOTOR FUEL MIXTURE SALES. (a) A
3-27 distributor, supplier, wholesaler, or jobber of motor fuel, as
3-28 those persons are defined by Section 153.001, Tax Code, may not
3-29 make a delivery of motor fuel containing ethanol or methanol if the
3-30 ethanol or methanol in the motor fuel mixture exceeds one percent
3-31 by volume, other than a delivery made into the fuel supply tanks of
3-32 a motor vehicle, to any outlet in this state unless the person
3-33 delivers to the outlet receiving the delivery at the time of the
3-34 delivery of the mixture:
3-35 (1) the sign described in Section 3 of this Act in
3-36 sufficient quantities for the dealer receiving the motor fuel
3-37 mixture to comply with the requirements of this Act; and
3-38 (2) a manifest, bill of sale, bill of lading, or any
3-39 other document evidencing delivery of the motor fuel containing
3-40 ethanol or methanol, which shall include a statement showing the
3-41 percentage of ethanol or methanol contained in the mixture
3-42 delivered, and the types and percentages of associated cosolvents,
3-43 if any, contained in the mixture delivered. The document shall
3-44 also show delivery of the sign or signs, as applicable, required to
3-45 be delivered by this subsection.
3-46 (b) On the request of any motor fuel user, a dealer must
3-47 reveal the percentage of ethanol contained in motor fuel being
3-48 sold, the percentage of methanol contained in motor fuel being
3-49 sold, and, if the motor fuel contains methanol, the types and
3-50 percentages of associated cosolvents contained in the motor fuel
3-51 being sold.
3-52 (c) The commissioner of agriculture by rule may prescribe
3-53 the form of the statement required by Subsection (a) of this
3-54 section.
3-55 (d) The signs required to be posted by a motor fuel dealer
3-56 under Section 3 of this Act and delivered to a motor fuel dealer
3-57 under this section shall comply with the requirements of Subsection
3-58 (b), Section 3 of this Act [be obtained from the commissioner of
3-59 agriculture].
3-60 (e) If the commissioner of agriculture determines that
3-61 certain types of motor fuel, such as diesel or liquefied petroleum
3-62 gas, are not sold in this state as mixtures with alcohol in
3-63 sufficient quantities to warrant regulation of those deliveries
3-64 under this Act, the commissioner may limit the application of
3-65 Section 3 of this Act and this section to motor fuels sold in
3-66 sufficient quantity to warrant regulation.
3-67 SECTION 13. Section 9, Chapter 1033, Acts of the 71st
3-68 Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas
3-69 Civil Statutes), is amended to read as follows:
4-1 Sec. 9. RULES AND FEES. (a) The commissioner of
4-2 agriculture may adopt rules not inconsistent with this Act for the
4-3 regulation of the sale of motor fuels containing ethanol and
4-4 methanol.
4-5 (b) The commissioner of agriculture [comptroller by rule may
4-6 impose fees for testing, inspection, statement or record forms,
4-7 sale of signs, or the performance of other services provided as
4-8 determined necessary by the commissioner of agriculture in the
4-9 administration of this Act.]
4-10 [(c) In addition to the fees authorized by Subsection (b) of
4-11 this section, the comptroller] by rule may impose a fee for
4-12 testing, inspection, or the performance of other services provided
4-13 as determined necessary by the commissioner of agriculture in the
4-14 administration of this Act, to be collected on a periodic basis
4-15 determined by the commissioner of agriculture [comptroller] from
4-16 each dealer as that term is defined in Section 1 of this Act
4-17 [distributor, supplier, wholesaler, and jobber who deals in a motor
4-18 fuel,] without regard to whether the motor fuel is subject to
4-19 regulation under this Act, as determined necessary by the
4-20 commissioner of agriculture. The commissioner of agriculture
4-21 [comptroller] by rule shall prescribe the form for reporting and
4-22 remitting the fees imposed by and under this section.
4-23 (d) [The fees and penalties imposed by this Act or by a rule
4-24 of the comptroller made pursuant to this Act shall be subject to
4-25 the provisions of Chapter 111 and Sections 153.006, 153.007, and
4-26 153.401, Tax Code, except to the extent those sections are in
4-27 conflict with this Act.]
4-28 [(e)] The total amount of the fees collected annually under
4-29 this Act may not exceed the lesser of:
4-30 (1) the costs of administering and enforcing the
4-31 provisions of this Act as determined necessary by the commissioner
4-32 of agriculture; or
4-33 (2) $500,000.
4-34 (e) [(f)] The fees collected under this section may be used
4-35 only[:]
4-36 [(1) by the comptroller to defray the cost of
4-37 collecting the fees and penalties imposed by this Act but may not
4-38 exceed $25,000 annually; or]
4-39 [(2)] by the commissioner of agriculture to defray the
4-40 cost of collecting fees imposed by the commissioner under this Act
4-41 and for the administration and enforcement of this Act.
4-42 SECTION 14. The following laws are repealed:
4-43 (1) Sections 12.012, 62.007, 71.052, and 71.058,
4-44 Agriculture Code; and
4-45 (2) Section 825.023, Health and Safety Code.
4-46 SECTION 15. This Act takes effect immediately if it receives
4-47 a vote of two-thirds of all the members elected to each house, as
4-48 provided by Section 39, Article III, Texas Constitution. If this
4-49 Act does not receive the vote necessary for immediate effect, this
4-50 Act takes effect September 1, 2001.
4-51 * * * * *