78R8234 AKH-F

By:  Swinford                                                     H.B. No. 2558



A BILL TO BE ENTITLED

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.