SRC-EPT H.B. 2133 78(R)    BILL ANALYSIS


Senate Research CenterH.B. 2133
78R9839 BDH-D
By: Campbell (Estes) 
Administration
5-3-2003
Engrossed

DIGEST AND PURPOSE 

H.B. 2133 amends four sections of te Agriculture Code to address statutory
issues of concern to the Texas Department of Agriculture (TDA).  The four
issues include fees charged by TDA regulatory programs, insurance
provisions governing public grain warehouses, establishment of voluntary
certification program for producers transitioning to organic production
practices and maintenance of phytosanitary certificates. 

RULEMAKING AUTHORITY

Rulemaking authority is  granted to the Texas Department of Agriculture in
SECTION 4 (Section 71.051, Agriculture Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 12.034, Agriculture Code, as follows:

Sec.  12.034.  New heading: REFUND OR WAIVER OF FEES.  Authorizes the
Texas Department of Agriculture (TDA) by rule to provide for the waiver of
a licensing, registration, or certification fee collected by TDA,
including any related fee, and the waiver of an inspection fee.  

SECTION 2.  Amends Sections 14.041, Agriculture Code, by amending
Subsections (a) and (b) and adding Subsection (d), as follows: 

(a) Provides that Subsections (c) and (d) are exceptions to the
requirement that an applicant for a license file or have on file with TDA
a certificate of insurance evidencing that the policy insures, in the name
of the applicant, all depositor grain that is or may be in the public
grain warehouse for its full market value against loss by or due to water
or other fluid resulting from an insured peril, excluding flood and other
rising waters from natural causes, malicious mischief, vandalism, rather
than theft or intentional waste or destruction, smoke, internal explosion,
lightning, hail, windstorm, hurricane, or tornado. 

(b) Makes conforming changes.

(d) Requires an applicant for a license to insure depositor grain for its
full market value against loss by or due to fire or windstorm if the grain
is in temporary or emergency storage.  Requires the certificate required
under Subsection (a) to indicate that the applicant has an effective
insurance policy under this subsection before being authorized to store
depositor grain in temporary or emergency storage. 
 
SECTION 3.  Amends Section 18.071, Agriculture Code, to delete the word
"voluntary" from text authorizing TDA to establish voluntary certification
programs under this subchapter.  

SECTION 4.  Amends Sections 71.051(a) and (c), Agriculture Code, as
follows: 

(a)   Prohibits a person from shipping a nursery product or florist item
into this state without first obtaining, rather than filing with TDA, a
certificate of inspection issued by the proper authority of the state from
which the shipment originates, except as otherwise provided by TDA rule. 
 
(c)  Requires each car, box, bale, or package of a nursery product or
florist item shipped into this state to bear a tag printed with a copy of
the certificate of inspection from the originating state, except as
otherwise provided by TDA rule. 

SECTION 5.  Provides that Section 71.051, Agriculture Code, as amended by
this Act, applies only to an  item shipped into this state that enters the
state on or after September 1, 2003. 

SECTION 6.  Effective date: September 1, 2003.