SRC-TJG H.B. 2558 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2558
78R8234 AKH-FBy: Swinford (Duncan)
Subcommittee on Agriculture
5/5/2003
Engrossed


DIGEST AND PURPOSE 

Currently, the person responsible for paying the inspection fee is
required to file with the Texas Feed and Fertilizer Service (service) a
quarterly sworn report either stating that no tonnage of commercial
fertilizer was distributed during the preceding quarter or setting forth
the tonnage of each commercial fertilizer that the person distributed in
this state during the preceding quarter. Also, a quarterly tonnage report
and inspection fee payment is due on or before the 31st day following the
last day of certain months and a stop-sale order expires at the end of the
10th day following a certain other date.  H.B. 2558 changes reporting
requirements and orders relating to commercial fertilizer.  This bill also
provides the necessary language to bring the fertilizer law up to date
with the current feed law. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 63.072, Agriculture Code, as follows:

Sec. 62.072.  New heading: TONNAGE REPORT AND INSPECTION FEE PAYMENT. (a)
Requires the person responsible for paying a fertilizer inspection fee to
file with the Texas Feed and Fertilizer Service (service) a sworn, rather
than quarterly sworn, report either stating that no tonnage of commercial
fertilizer was distributed during the preceding reporting period, rather
than quarter, or setting forth the tonnage of all the, rather than each,
commercial fertilizer that a person manufactured or distributed in this
state during the preceding  reporting period.  Requires the person to file
the report quarterly if the total amount of inspection fees in a year is
$100 or more, or annually if the total amount of inspection fees in a year
is less than $100.  Makes a conforming change. 

(b) Requires each tonnage report to be accompanied by payment of the
inspection fee due based on the tonnage reported for that quarter or year,
as applicable. Makes a conforming change. 

(c) Provides that a tonnage report and inspection fee payment is due on
certain dates for certain persons. 

(d) Authorizes the service to prescribe and furnish forms as necessary
under this section.  Deletes existing text relating to requiring the
quarterly tonnage report to be made on forms prescribed and furnished by
the service. 

SECTION 2.  Amends Section 63.073, Agriculture Code, as follows:

(a) Makes conforming changes.

(b) Provides that a penalty, together with the delinquent inspection fee,
is due before the 61st, rather than 41st, day following the last day of
the, rather than a, quarter, for quarterly reports, or of August, for
annual reports. 
 
SECTION 3.  Amends Section 63.074(a), Agriculture Code, to make a
conforming change. 

SECTION 4.  Amends Section 63.121(c), Agriculture Code, to provides that a
stop-sale order expires at the end of the 30th, rather than 10th, day
following the day on which it was affixed unless, prior to that time, the
service has instituted proceedings under Section 63.122 of this code to
condemn the fertilizer. 

SECTION 5.  Makes application of Sections 63.072 and 63.073, Agriculture
Code, as amended by this Act, prospective. 

SECTION 6.  Effective date: September 1, 2003.