79R8318 BDH-F

By:  Kolkhorst                                                    H.B. No. 2927



A BILL TO BE ENTITLED

AN ACT

relating to requiring the licensing of resellers of certified seed; 
imposing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 62.001, Agriculture Code, is amended by 
adding Subdivision (4) to read as follows:
		(4)  "Reseller" means a person who purchases certified 
seed in bulk for the purpose of reselling fractional amounts of the 
seed in bulk.
	SECTION 2.  Chapter 62, Agriculture Code, is amended by 
adding Section 62.0051 to read as follows:
	Sec. 62.0051.  LICENSING OF RESELLERS OF CERTIFIED SEED. (a) 
A person who wants to resell certified seed in bulk must apply to 
the board for licensing as a reseller.  To be licensed as a 
reseller, a person must satisfy the board that:
		(1)  the person is of good character and has a 
reputation for honesty; and
		(2)  the person's facilities meet board requirements 
for maintaining certified seed.
	(b)  To ensure the maintenance of genetic purity and identity 
in certified seed, the board may:
		(1)  adopt rules governing the handling of certified 
seed by resellers; and
		(2)  conduct inspections of reseller facilities.                       
	(c)  A license to resell certified seed is not transferable 
and expires each year on the anniversary of the date of issuance.
	(d)  A person licensed as a reseller is eligible to purchase 
certified seed in bulk for the purpose of reselling fractional 
amounts of the seed in bulk.
	(e)  An application for licensing as a reseller must be 
accompanied by a fee, as provided by department rule.  Fees 
collected under this subsection must be used for the enforcement of 
this chapter.
	SECTION 3.  Section 62.010(a), Agriculture Code, is amended 
to read as follows:
	(a)  The department shall revoke, modify, or suspend the 
registration or license of a registered plant breeder or licensed 
producer of Foundation, Registered, or Certified seed or plants, 
place on probation a person whose registration or license has been 
suspended, or reprimand a registrant or licensee if the person 
makes exaggerated claims for products, fails to observe any rule 
governing the maintenance and production of a certified class of 
seed or plants that the person [he or she] is registered or licensed 
to produce or maintain, or violates another requirement of this 
chapter or a rule adopted by the board or the department under this 
chapter.  The department shall revoke, modify, or suspend the 
license of a reseller, place on probation a person whose license to 
resell has been suspended, or reprimand a licensee if the person 
fails to observe any rule governing the handling or selling of 
certified seed or violates another requirement of this chapter or a 
rule adopted by the board or the department under this chapter.
	SECTION 4.  Section 62.011(a), Agriculture Code, is amended 
to read as follows:
	(a)  A person commits an offense if the person:                                
		(1)  sells or offers for sale in this state seed or 
plants with labeling or packaging accompanying the seed or plants 
using the terms "from officially inspected fields," "state 
inspected," "approved seed," "approved plants," "approved sods," 
"approved trees," "inspected fields," "foundation seed," 
"certified plants," or terms having the same meaning, unless the 
seed or plants have been certified as Foundation, Registered, or 
Certified seed or plants;
		(2)  acts as a reseller or [represents himself or 
herself to be] a registered plant breeder or licensed producer of 
Foundation, Registered, or Certified seed or plants unless the 
person [he or she] has been registered or licensed under this 
chapter;
		(3)  sells or offers for sale in this state Foundation, 
Registered, or Certified seed or plants that are not in compliance 
with this chapter or with the rules adopted under this chapter;
		(4)  sells or offers for sale seed or plants 
represented to be certified in explicit oral or written statements 
or by misleading oral or written statements if the seed or plants 
have not been certified or have not been certified as being of the 
class of which they are represented;
		(5)  violates Section 62.007(c) of this code; or                              
		(6)  violates Section 62.009(c), (d), or (e) of this 
code.                  
	SECTION 5.  (a)  Not later than October 1, 2005, the State 
Seed and Plant Board shall accept applications for a reseller 
license under Section 62.0051, Agriculture Code, as added by this 
Act.
	(b)  Section 62.011(a), Agriculture Code, as amended by this 
Act, applies only to an offense committed on or after January 1, 
2006.  An offense committed before that date is governed by the law 
in effect when the offense was committed, and the former law is 
continued in effect for that purpose.  For purposes of this 
subsection, an offense was committed before January 1, 2006, if any 
element of the offense was committed before that date.
	SECTION 6.  This Act takes effect September 1, 2005.