78R7848 BDH-F

By:  Estes                                                        S.B. No. 1141



A BILL TO BE ENTITLED

AN ACT

relating to agriculture and the powers and duties of the Department 
of Agriculture.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 12.034, Agriculture Code, is amended to 
read as follows: 
	Sec. 12.034.  REFUND OR WAIVER OF FEES.  The department by 
rule may provide for:
		(1)  the full or partial refund of a fee collected by 
the department;
		(2)  the waiver of a licensing, registration, or 
certification fee collected by the department, including any 
related late fee; and
		(3)  the waiver of an inspection fee.                                  
	SECTION 2.  Sections 14.041(a) and (b), Agriculture Code, 
are amended to read as follows:
	(a)  Except as provided by Subsection (c), an applicant for a 
license must file or have on file with the department a certificate 
of insurance evidencing that:
		(1)  the applicant has an effective policy of insurance 
issued by an insurance company authorized to do business in this 
state or, with the approval of the department, by an eligible 
surplus lines insurer that meets the requirements of Article 
1.14-2, Insurance Code, and rules adopted by the commissioner under 
that article; and
		(2)  the policy insures, in the name of the applicant, 
all 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 
other than rising waters resulting from a flood or other natural 
cause, malicious mischief, vandalism, theft by a person other than 
the warehouse operator, [intentional waste or destruction,] smoke, 
fire, internal explosion, lightning, hail, windstorm, hurricane, 
or tornado.
	(b)  If water or other fluid other than rising waters 
resulting from a flood or other natural cause, malicious mischief, 
vandalism, theft by a person other than the warehouse operator, 
[intentional waste or destruction,] smoke, fire, internal 
explosion, lightning, hail, windstorm, hurricane, or tornado 
destroys or damages grain in a public grain warehouse, the 
warehouse operator shall, on demand by the depositor and 
presentation of a receipt or other evidence of ownership, make 
settlement with the depositor of the grain.  The amount of the 
settlement shall be the average price paid for grain of the same 
grade and quality on the date of the loss at the location of the 
warehouse, minus the warehouse operator's charges and advances.  If 
a settlement is not made before the 31st day following the date of 
demand, the depositor is entitled to seek recovery from the 
insurance company.
	SECTION 3.  Section 18.071, Agriculture Code, is amended to 
read as follows: 
	Sec. 18.071.  AGRICULTURAL CERTIFICATION.  The department 
may establish [voluntary] certification programs under this 
subchapter relating to the protection, sale, advertising, 
marketing, or related production processes in this state.
	SECTION 4.  Sections 71.051(a) and (c), Agriculture Code, 
are amended to read as follows:
	(a)  Except as otherwise provided by department rule, a [A] 
person may not ship a nursery product or florist item into this 
state without first obtaining [filing with the department] a 
certificate of inspection issued by the proper authority of the 
state from which the shipment originates.
	(c)  Except as otherwise provided by department rule, each
[Each] car, box, bale, or package of a nursery product or florist 
item shipped into this state shall bear a tag printed with a copy of 
the certificate of inspection from the originating state.
	SECTION 5.  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.  This Act takes effect September 1, 2003.