78R5065 BDH-F

By:  Hardcastle                                                   H.B. No. 2008



A BILL TO BE ENTITLED

AN ACT

relating to certain powers and duties of the Department of 
Agriculture and other entities engaged in agricultural activities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The following provisions of the Agriculture Code 
are repealed:   
		(1)  Sections 12.004, 12.008, 12.009, 12.030, 13.005, 
13.006, 13.106, 13.108(b) and (c), 15.004, 77.004, 77.005, and 
104.044(d);
		(2)  Subchapter B, Chapter 104; and                                           
		(3)  Chapters 49, 53, 96, 145, and 252.                                       
	SECTION 2.  Section 13.107(a), Agriculture Code, is amended 
to read as follows:
	(a)  Two or more counties [or a county and one or more cities 
located in that county] may combine the whole or any part of their 
political subdivisions for the purpose of maintaining one set of 
standards and one sealer.  The agreement to combine districts must 
be approved by the governing body of each participating political 
subdivision.
	SECTION 3.  Section 13.122, Agriculture Code, is amended to 
read as follows: 
	Sec. 13.122.  PENALTIES.  An offense under Section 13.103, 
[13.106,] 13.114, or each of Sections 13.116 through 13.121 [of 
this code] is a Class C misdemeanor.
	SECTION 4.  Section 104.041(c), Agriculture Code, is amended 
to read as follows:
	(c)  The petition must be signed by a number of [25 percent or 
more of the persons whom the department lists as] producers of the 
agricultural commodity and [25 percent or more of the persons whom 
the department lists as] handlers of the agricultural commodity 
determined by the department, provided that [and]:
		(1)  the producers who sign the petition must have 
collectively produced during the preceding marketing season 25 
percent or more of the state's total production of the agricultural 
commodity;  and
		(2)  the handlers who sign the petition must have 
collectively handled 25 percent or more of the state's total 
production of the agricultural commodity handled during the 
preceding marketing season.
	SECTION 5.  Section 104.042(b), Agriculture Code, is amended 
to read as follows:
	(b)  The notice must state:                                                    
		(1)  the time and place of the hearing;                                       
		(2)  the agricultural commodity and the territory to be 
affected by the proposed order; and
		(3)  that at the hearing the department will receive 
testimony and evidence [concerning the accuracy of the department's 
lists of producers and handlers in addition to testimony] 
concerning the appropriateness of the proposed marketing order.
	SECTION 6.  Section 104.044(c), Agriculture Code, is amended 
to read as follows:
	(c)  At the public hearing the department shall receive 
evidence concerning: 
		(1)  [the accuracy of the department's lists of 
producers and handlers;
		[(2)] the appropriateness of the proposed marketing 
order and the resulting marketing program;
		(2) [(3)] the method of voting on the proposed marketing 
order;  and
		(3) [(4)] other necessary and relevant matters.       
	SECTION 7.  (a)  The agricultural technology account created 
under Section 49.003, Agriculture Code, is abolished, and the 
comptroller shall transfer any balance in the fund on September 1, 
2003, to the general revenue fund.
	(b)  The farm and ranch loan security fund created under 
Section 252.081, Agriculture Code, is abolished.
	SECTION 8.  This Act takes effect September 1, 2003.