H.B. No. 2558
AN ACT
relating to certain reporting requirements and orders relating to
commercial fertilizer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 63.072, Agriculture Code, is amended to
read as follows:
Sec. 63.072. [QUARTERLY] TONNAGE REPORT AND INSPECTION FEE
PAYMENT. (a) The person responsible for paying a fertilizer [the]
inspection fee shall file with the service a [quarterly] sworn
report either stating that no tonnage of commercial fertilizer was
distributed during the preceding reporting period [quarter] or
setting forth the tonnage of all the [each] commercial fertilizer
that the person manufactured or distributed in this state during
the preceding reporting period. The person shall file the report:
(1) quarterly if the total amount of inspection fees
in a year is $100 or more; or
(2) annually if the total amount of inspection fees in
a year is less than $100 [quarter].
(b) Each [quarterly] tonnage report must be accompanied by
payment of the inspection fee due based on the tonnage reported for
that quarter or year, as applicable.
(c) [(b)] A [quarterly] tonnage report and inspection fee
payment is due:
(1) on or before the 31st day following the last day of
November, February, May, and August, for persons reporting
quarterly; and
(2) on or before the 31st day following the last day of
August, for persons reporting annually.
(d) [(c)] The service may prescribe and furnish forms as
necessary under this section [quarterly tonnage report shall be
made on forms prescribed and furnished by the service].
SECTION 2. Section 63.073, Agriculture Code, is amended to
read as follows:
Sec. 63.073. PENALTY FOR LATE FILING OR PAYMENT. (a) If a
person does not file a [quarterly] report or pay the inspection fee
as required by Section 63.072 [before the 31st day following the
last day of a quarter], the registrant shall pay a penalty equal to
15 percent of the inspection fee due or $50, whichever is greater.
(b) A penalty, together with the delinquent inspection fee,
is due before the 61st [41st] day following the last day of the [a]
quarter, for quarterly reports, or of August, for annual reports.
The service shall cancel the registration of a registrant who fails
to pay the penalty and delinquent inspection fee within that time
period.
SECTION 3. Section 63.074(a), Agriculture Code, is amended
to read as follows:
(a) For the purpose of determining the accurate tonnage of
commercial fertilizers distributed in this state or identifying or
verifying [quarterly] tonnage reports, the service may require each
registrant to maintain records or file additional reports.
SECTION 4. Section 63.121(c), Agriculture Code, is amended
to read as follows:
(c) A stop-sale order expires at the end of the 30th [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. Sections 63.072 and 63.073, Agriculture Code, as
amended by this Act, apply only to a tonnage fee report or
inspection fee payment due for a fiscal year beginning on or after
September 1, 2003.
SECTION 6. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2558 was passed by the House on April
25, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2558 was passed by the Senate on May
27, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor