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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation and functions of the Department of |
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Agriculture and the Prescribed Burning Board and the abolition of |
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the Texas-Israel Exchange Fund Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. TEXAS AGRICULTURAL FINANCE AUTHORITY |
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SECTION 1.01. Sections 44.001(1) and (2), Agriculture Code, |
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are amended to read as follows: |
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(1) "Eligible lending institution" means a financial |
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institution that makes commercial loans, is either a depository of |
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state funds or an institution of the Farm Credit System |
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headquartered in this state, and agrees to participate in the |
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interest rate reduction [linked deposit] program and to provide |
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collateral equal to the amount of linked deposits placed with it. |
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(2) "Eligible borrower" means a person who proposes to |
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use the proceeds of a loan under this chapter in a manner that will |
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help accomplish the state's goal of fostering the creation and |
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expansion of enterprises based on agriculture in this state [is in
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the business or entering the business of:
|
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[(A)
processing and marketing agricultural crops
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in this state;
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[(B)
producing alternative agricultural crops in
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this state;
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[(C)
producing agricultural crops in this state
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the production of which has declined because of natural disasters;
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[(D)
producing agricultural crops in this state
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using water conservation equipment for agricultural production
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purposes; or
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[(E)
providing nonagricultural goods or services
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that provide an economic benefit to a municipality or county in a
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rural area]. |
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SECTION 1.02. The heading to Section 44.007, Agriculture |
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Code, is amended to read as follows: |
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Sec. 44.007. INTEREST RATE REDUCTION [LINKED DEPOSIT] |
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PROGRAM. |
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SECTION 1.03. Sections 44.007(a), (c), (d), (k), and (l), |
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Agriculture Code, are amended to read as follows: |
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(a) The board shall establish an interest rate reduction [a
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linked deposit] program to foster the creation and expansion of |
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enterprises based on agriculture in this state[:
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[(1)
encourage commercial lending for the enhanced
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production, processing, and marketing of certain agricultural
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crops;
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[(2)
encourage the development or expansion of
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businesses in rural areas of this state; and
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[(3)
finance water conservation projects or equipment
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for agricultural production purposes]. |
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(c) The board shall promulgate rules for the loan portion of |
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the interest rate reduction [linked deposit] program. [The rules
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must include:
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[(1)
a list of the categories of crops customarily
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grown in Texas, with consideration given to the Texas Agricultural
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Statistics Service information available and relevant to this
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determination;
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[(2)
a list of crops that are alternative agricultural
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crops, with consideration given to the Texas Agricultural
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Statistics Service information available and relevant to this
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determination;
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[(3)
identification of criteria for a project eligible
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for natural disaster assistance; and
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[(4)
identification of projects and types of equipment
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considered as water conservation projects or equipment for
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agricultural production purposes.] |
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(d) In order to participate in the interest rate reduction |
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[linked deposit] program, an eligible lending institution may |
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solicit loan applications from eligible borrowers. |
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(k) The board may adopt rules that create a procedure for |
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determining priorities for loans granted under this chapter. Each |
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rule adopted must state the policy objective of the rule. [The
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policy objectives of the rules may include preferences to:
|
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[(1)
achieve adequate geographic distribution of
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loans;
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[(2) assist certain industries;
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[(3)
encourage certain practices including water
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conservation; and
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[(4)
encourage value-added processing of agricultural
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products.] |
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(l) A lending institution is not ineligible to participate |
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in the interest rate reduction [linked deposit] program solely |
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because a member of the board is also an officer, director, or |
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employee of the lending institution, provided that a board member |
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shall recuse himself or herself from any action taken by the board |
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on an application involving a lending institution by which the |
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board member is employed or for which the board member serves as an |
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officer or director. |
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SECTION 1.04. Sections 44.010(a) and (b), Agriculture Code, |
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are amended to read as follows: |
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(a) At any one time, not more than $30 million[, $10 million
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of which may be used only to finance water conservation projects and
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$5 million of which may be used only to finance the economic
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development of businesses in rural areas,] may be placed in linked |
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deposits under this chapter. |
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(b) The maximum amount of a loan under this chapter [to
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process and market Texas agricultural crops] is $500,000. [The
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maximum amount of a loan under this chapter to produce alternative
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agricultural crops in this state is $250,000. The maximum amount of
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a loan under this chapter to finance water conservation projects or
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equipment for agricultural production purposes is $250,000. The
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maximum amount of a loan under this chapter to finance production of
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a crop declared eligible for natural disaster relief, as defined by
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board rule, is $250,000. The maximum amount of a loan under this
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chapter to finance a business in a rural area is $250,000.] |
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SECTION 1.05. Section 58.012, Agriculture Code, is amended |
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by amending Subsections (a), (b), and (c) and adding Subsection (g) |
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to read as follows: |
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(a) The authority is governed by a board of directors |
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composed of the commissioner of agriculture, the director of the |
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Institute for International Agribusiness Studies at Prairie View |
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A&M University, and nine [seven] members appointed by the |
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commissioner [governor with the advice and consent of the senate]. |
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Members of the board must be appointed in the numbers specified and |
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from the following categories: |
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(1) one person who is an elected or appointed official |
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of a municipality or county; |
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(2) four persons who are knowledgeable about |
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agricultural lending practices; |
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(3) one person who is a representative of agricultural |
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businesses; [and] |
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(4) one person who is a representative of agriculture |
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related entities, including rural chambers of commerce, |
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foundations, trade associations, institutions of higher education, |
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or other entities involved in agricultural matters; and |
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(5) two persons who represent young farmers and the |
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interests of young farmers. |
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(b) The appointed members of the board serve staggered terms |
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of two years, with the terms of four [three] members expiring on |
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January 1 of each even-numbered year and the terms of five [four] |
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members expiring on January 1 of each odd-numbered year. |
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(c) Any vacancy occurring in an appointed position on the |
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board shall be filled by the commissioner [governor] for the |
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unexpired term. |
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(g) Notwithstanding Subsection (f), age may be considered |
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by the commissioner in making appointments under Subsection (a)(5). |
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SECTION 1.06. Section 58.013(a), Agriculture Code, is |
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amended to read as follows: |
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(a) The commissioner [governor] shall designate a member of |
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the board as the chairman of the board to serve in that capacity at |
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the pleasure of the commissioner [governor]. The board shall elect |
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a vice-chairman biennially from its members and shall elect a |
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secretary, a treasurer, and other officers it considers necessary. |
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SECTION 1.07. Section 58.0176(a), Agriculture Code, is |
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amended to read as follows: |
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(a) Before a member of the board may assume the member's |
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duties [and before the member may be confirmed by the senate], the |
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member must complete at least one course of the training program |
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established under this section. |
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SECTION 1.08. Sections 58.023(c) and (d), Agriculture Code, |
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are amended to read as follows: |
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(c) Eligible agricultural businesses or lenders |
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participating in the authority's programs shall pay the costs of |
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applying for, participating in, and administering and servicing the |
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program, in amounts the board considers reasonable and necessary. |
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The board shall charge an administrative fee for guaranteeing a |
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loan under Subchapter E that may not be less than one percent of the |
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amount of the guaranteed loan. Any costs not paid by the eligible |
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agricultural businesses or lenders shall be paid from the funds of |
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the authority, including those funds established from bond |
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proceeds. |
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(d) The board by rule shall adopt an agreement to be used |
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between a lender and an approved applicant under which the |
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authority makes a payment from the Texas agricultural fund for the |
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purpose of providing a reduced interest rate on a loan guaranteed to |
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a borrower [under this subchapter]. The agreement must require the |
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borrower to use the proceeds of the loan for the purposes of the |
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program under which the payment is made. The board shall adopt |
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rules to implement this subsection. |
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SECTION 1.09. Subchapter D, Chapter 58, Agriculture Code, |
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is amended by adding Section 58.041 to read as follows: |
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Sec. 58.041. ISSUANCE OF DEBT BY TEXAS PUBLIC FINANCE |
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AUTHORITY. (a) In this section, "debt instrument" means a note, |
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debenture, bond, or other evidence of indebtedness. |
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(b) The Texas Public Finance Authority has the exclusive |
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authority to act on behalf of the authority in issuing debt |
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instruments authorized to be issued by the authority. A reference |
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in law to a debt instrument issued by the authority, in the context |
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of a debt instrument issued on or after September 1, 2009, means a |
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debt instrument issued by the Texas Public Finance Authority on |
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behalf of the authority. |
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(c) Notwithstanding Section 58.034(e), the authority shall |
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pay all costs incurred by the Texas Public Finance Authority for |
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issuing debt instruments on behalf of the authority and associated |
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fees and expenses. |
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(d) When the board authorizes the issuance of debt |
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instruments to fund a loan, the authority shall notify the Texas |
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Public Finance Authority of the amount of the loan and the recipient |
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of the loan and request the Texas Public Finance Authority to issue |
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debt instruments in an amount necessary to fund the loan. The |
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authority and the Texas Public Finance Authority shall determine |
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the amount and time of a debt instrument issue to best provide funds |
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for one or multiple loans. |
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(e) The Texas Public Finance Authority, at the request of |
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the authority, may issue debt instruments to provide money to the |
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Texas agricultural fund. |
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(f) The Texas Public Finance Authority may sell debt |
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instruments in any manner it determines to be in the best interest |
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of the authority, except that it may not sell a debt instrument that |
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has not been approved by the attorney general and registered with |
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the comptroller. |
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(g) The authority, in consultation with the Texas Public |
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Finance Authority, shall adopt rules containing criteria for |
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evaluating the creditworthiness of loan applicants and the |
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financial feasibility of projects to be funded with debt |
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instruments issued by the Texas Public Finance Authority on behalf |
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of the authority. |
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(h) The Texas Public Finance Authority may enter into a |
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credit agreement for a debt instrument issued by the Texas Public |
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Finance Authority on behalf of the authority for a period and on |
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conditions approved by the Texas Public Finance Authority. |
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(i) This subsection applies only in relation to general |
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obligation debt instruments. To the extent other sources of revenue |
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available for payment of the authority's debts are insufficient and |
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in accordance with the Texas Constitution, general revenue is to be |
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appropriated to the Texas Public Finance Authority in an amount |
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determined by the Texas Public Finance Authority to be necessary to |
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pay the principal, premium if any, and interest on general |
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obligation debt instruments issued by the Texas Public Finance |
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Authority on behalf of the authority, and that amount shall be |
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specified in the biennial appropriations acts. |
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SECTION 1.10. The heading to Subchapter E, Chapter 58, |
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Agriculture Code, is amended to read as follows: |
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SUBCHAPTER E. AGRICULTURAL [YOUNG FARMER] LOAN GUARANTEE PROGRAM |
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SECTION 1.11. Section 58.051(2), Agriculture Code, is |
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amended to read as follows: |
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(2) "Eligible applicant" means a person applying for a |
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loan guarantee under this subchapter who[:
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[(A)
is at least 18 years of age but younger than
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40 years of age; and
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[(B)] complies with the application procedures |
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prescribed by this subchapter. |
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SECTION 1.12. The heading to Section 58.052, Agriculture |
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Code, is amended to read as follows: |
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Sec. 58.052. AGRICULTURAL [YOUNG FARMER] LOAN GUARANTEE |
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PROGRAM. |
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SECTION 1.13. Section 58.052, Agriculture Code, is amended |
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by amending Subsections (b), (c), and (e) and adding Subsection (f) |
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to read as follows: |
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(b) The board, either directly or through authority |
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delegated to the commissioner, may grant to an eligible applicant a |
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guarantee of a loan made by a commercial lender for the purposes |
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prescribed by this subchapter. The board by rule shall establish |
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tiered loan guarantee limits. To be eligible to be guaranteed under |
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this subchapter, a loan with a term of more than one year must have a |
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fixed interest rate [guarantee amount may not exceed the lesser of
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$250,000 or 90 percent of the loan amount]. |
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(c) The aggregate amount guaranteed under this subchapter |
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may not exceed the lesser of three-fourths of [twice] the amount |
|
contained in the [young farmer loan guarantee account within the] |
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Texas agricultural fund or $12 million. |
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(e) The board shall adopt an agreement, to be used between a |
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commercial lender and an approved eligible applicant, under which |
|
the program provides a payment from money in the Texas agricultural |
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fund [young farmer loan guarantee account] for the purpose of |
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providing a reduced interest rate on a loan guaranteed to a borrower |
|
under this subchapter. The board shall adopt rules to implement |
|
this subsection. The maximum rate reduction under this subsection |
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per year for each borrower may [shall] not exceed three percentage |
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points or an amount that results in $10,000 in interest savings for |
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the borrower for the year. |
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(f) The board by rule shall establish a certified lender |
|
program under which the board may certify commercial lenders to |
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participate in the agricultural loan guarantee program in order to |
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expedite the processing of loan guarantee applications by the |
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board. |
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SECTION 1.14. Section 58.056, Agriculture Code, is amended |
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to read as follows: |
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Sec. 58.056. MONEY FOR LOAN GUARANTEE PROGRAM. The |
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authority may accept gifts and grants of money from the federal |
|
government, local governments, private corporations, or other |
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persons for use in the agricultural [young farmer] loan guarantee |
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program. The legislature may appropriate money for the program. |
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SECTION 1.15. Sections 58.057(b), (c), and (d), Agriculture |
|
Code, are transferred to Section 58.032, Agriculture Code, |
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relettered as Subsections (g), (h), and (i) of that section, and |
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amended to read as follows: |
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(g) [(b)] The fund includes [account consists of funds and
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transfers made to the account,] grants and donations made for the |
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purposes of the programs administered by the Texas Agricultural |
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Finance Authority [the young farmer loan guarantee program, income
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earned on money in the account,] and any other money received under |
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this chapter [subchapter]. Notwithstanding Section 404.071, |
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Government Code, income and interest earned on money in the fund |
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[account] shall be deposited to the credit of the fund [account]. |
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[At the end of each state fiscal year the authority shall transfer
|
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to the general credit of the Texas agricultural fund any interest
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earned on the account that remains after payment of any
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administrative expenses of the program.] The fund [account] is |
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exempt from the application of Section 403.095, Government Code. |
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(h) [(c)] The board may spend not more than $100,000 during |
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each fiscal year from income earned on the fund [account] and from |
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application fees collected by the authority under Section 58.053 to |
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pay the costs of administering the program. |
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(i) [(d)] The board shall attempt to administer the fund in |
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a manner that makes private donations to the fund an eligible |
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itemized deduction for federal income taxation purposes. |
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SECTION 1.16. Chapter 58, Agriculture Code, is amended by |
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adding Subchapter F to read as follows: |
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SUBCHAPTER F. YOUNG FARMER INTEREST RATE REDUCTION PROGRAM |
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Sec. 58.071. DEFINITIONS. In this subchapter: |
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(1) "Eligible lending institution" means a financial |
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institution that makes commercial loans, is either a depository of |
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state funds or an institution of the Farm Credit System |
|
headquartered in this state, and agrees to participate in the young |
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farmer interest rate reduction program and to provide collateral |
|
equal to the amount of linked deposits placed with it. |
|
(2) "Linked deposit" means a time deposit governed by |
|
a written deposit agreement between the state and an eligible |
|
lending institution that provides: |
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(A) that the eligible lending institution pay |
|
interest on the deposit at a rate that is not less than the greater |
|
of: |
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(i) the current market rate of a United |
|
States treasury bill or note of comparable maturity minus three |
|
percent; or |
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(ii) 0.5 percent; |
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(B) that the state not withdraw any part of the |
|
deposit before the expiration of a period set by a written advance |
|
notice of the intention to withdraw; and |
|
(C) that the eligible lending institution agree |
|
to lend the value of the deposit to an eligible borrower at a |
|
maximum rate that is the linked deposit rate plus a maximum of four |
|
percent. |
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Sec. 58.072. YOUNG FARMER INTEREST RATE REDUCTION PROGRAM. |
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(a) The board shall establish a young farmer interest rate |
|
reduction program to promote the creation and expansion of |
|
agricultural businesses by young people in this state. |
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(b) To be eligible to participate in the young farmer |
|
interest rate reduction program, an applicant must be at least 18 |
|
years of age but younger than 45 years of age. |
|
(c) The board shall approve or disapprove any and all |
|
applications under this subchapter, provided that the board may |
|
delegate this authority to the commissioner. |
|
(d) The board shall adopt rules for the loan portion of the |
|
young farmer interest rate reduction program. |
|
(e) In order to participate in the young farmer interest |
|
rate reduction program, an eligible lending institution may solicit |
|
loan applications from eligible applicants. |
|
(f) After reviewing an application and determining that the |
|
applicant is eligible and creditworthy, the eligible lending |
|
institution shall send the application for a linked deposit loan to |
|
the administrator of the authority. |
|
(g) The eligible lending institution shall certify the |
|
interest rate applicable to the specific eligible applicant and |
|
attach it to the application sent to the administrator of the |
|
authority. |
|
(h) After reviewing each loan application under this |
|
subchapter, the board or the commissioner shall recommend to the |
|
comptroller the acceptance or rejection of the application. |
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(i) After acceptance of the application, the comptroller |
|
shall place a linked deposit with the applicable eligible lending |
|
institution for the period the comptroller considers appropriate. |
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The comptroller may not place a deposit for a period extending |
|
beyond the state fiscal biennium in which it is placed. Subject to |
|
the limitation described by Section 58.075, the comptroller may |
|
place time deposits at an interest rate described by Section |
|
58.071(2). |
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(j) Before the placing of a linked deposit, the eligible |
|
lending institution and the state, represented by the comptroller, |
|
shall enter into a written deposit agreement containing the |
|
conditions on which the linked deposit is made. |
|
(k) If a lending institution holding linked deposits ceases |
|
to be either a state depository or a Farm Credit System institution |
|
headquartered in this state, the comptroller may withdraw the |
|
linked deposits. |
|
(l) The board may adopt rules that create a procedure for |
|
determining priorities for loans granted under this subchapter. |
|
Each rule adopted must state the policy objective of the rule. |
|
(m) A lending institution is not ineligible to participate |
|
in the young farmer interest rate reduction program solely because |
|
a member of the board is also an officer, director, or employee of |
|
the lending institution, provided that a board member shall recuse |
|
himself or herself from any action taken by the board on an |
|
application involving a lending institution by which the board |
|
member is employed or for which the board member serves as an |
|
officer or director. |
|
(n) Linked deposits under the young farmer interest rate |
|
reduction program shall be funded from the Texas agricultural fund. |
|
Sec. 58.073. COMPLIANCE. (a) On accepting a linked |
|
deposit, an eligible lending institution must loan money to |
|
eligible applicants in accordance with the deposit agreement and |
|
this subchapter. The eligible lending institution shall forward a |
|
compliance report to the board. |
|
(b) The board shall monitor compliance with this subchapter |
|
and inform the comptroller of noncompliance on the part of an |
|
eligible lending institution. |
|
Sec. 58.074. STATE LIABILITY PROHIBITED. The state is not |
|
liable to an eligible lending institution for payment of the |
|
principal, interest, or any late charges on a loan made under this |
|
subchapter. A delay in payment or default on a loan by a borrower |
|
does not affect the validity of the deposit agreement. Linked |
|
deposits are not an extension of the state's credit within the |
|
meaning of any state constitutional prohibition. |
|
Sec. 58.075. LIMITATIONS IN PROGRAM. (a) At any one time, |
|
not more than one-fourth of the amount of money in the Texas |
|
agricultural fund may be placed in linked deposits under this |
|
subchapter. |
|
(b) The maximum amount of a loan under this subchapter is |
|
$500,000. |
|
(c) A loan granted under this subchapter may be used for any |
|
agriculture-related operating expense, including the purchase or |
|
lease of land or fixed assets acquisition or improvement, as |
|
identified in the application. |
|
SECTION 1.17. Chapter 58, Agriculture Code, is amended by |
|
adding Subchapter G to read as follows: |
|
SUBCHAPTER G. YOUNG FARMER GRANT PROGRAM |
|
Sec. 58.091. GRANT PROGRAM. (a) The authority shall |
|
administer a young farmer grant program. A grant must be for the |
|
purpose of fostering the creation and expansion of agricultural |
|
businesses by young people in this state. |
|
(b) The board shall adopt rules governing the operation of |
|
the program and selection criteria for grant recipients. |
|
(c) The board shall select grant recipients. |
|
Sec. 58.092. ELIGIBILITY. To be eligible to receive a grant |
|
under this subchapter, a person must: |
|
(1) be an agricultural producer who is at least 18 |
|
years of age but younger than 45 years of age; and |
|
(2) provide matching funds in the amount of not less |
|
than one dollar for each dollar of grant money received. |
|
Sec. 58.093. AMOUNT OF GRANTS. A grant under the young |
|
farmer grant program may not be less than $5,000 or more than |
|
$20,000. |
|
Sec. 58.094. APPLICATIONS. (a) The authority shall accept |
|
grant applications during two application periods each year. |
|
(b) Applicants shall submit an application on a form |
|
approved by the board or the board's designee. |
|
Sec. 58.095. FUNDING. The source of funds for the young |
|
farmer grant program is the Texas agricultural fund. |
|
SECTION 1.18. Section 1232.101, Government Code, is amended |
|
to read as follows: |
|
Sec. 1232.101. ISSUANCE OF BONDS FOR CERTAIN STATE |
|
AGENCIES. With respect to all bonds authorized to be issued by or |
|
on behalf of the adjutant general's department, Parks and Wildlife |
|
Department, Texas Agricultural Finance Authority, Texas Low-Level |
|
Radioactive Waste Disposal Authority, Stephen F. Austin State |
|
University, Midwestern State University, and Texas Southern |
|
University, the authority has the exclusive authority to act on |
|
behalf of those entities in issuing bonds on their behalf. In |
|
connection with those issuances and with the issuance of refunding |
|
bonds on behalf of those entities, the authority is subject to all |
|
rights, duties, and conditions surrounding issuance previously |
|
applicable to the issuing entity under the statute authorizing the |
|
issuance. A reference in an authorizing statute to the entity on |
|
whose behalf the bonds are being issued applies equally to the |
|
authority in its capacity as issuer on behalf of the entity. |
|
SECTION 1.19. Section 1372.028(d), Government Code, is |
|
amended to read as follows: |
|
(d) An issuer is not required to provide the statement |
|
required by Subsection (c)(3)(F) if the issuer: |
|
(1) is an issuer of a state-voted issue; |
|
(2) is the Texas Department of Housing and Community |
|
Affairs[, the Texas Agricultural Finance Authority,] or the Texas |
|
State Affordable Housing Corporation; or |
|
(3) provides evidence that one or more binding |
|
contracts have been entered into, or other evidence acceptable to |
|
the board as described by program rule, to spend the unexpended |
|
proceeds by the later of: |
|
(A) 12 months after the date the board receives |
|
the application; or |
|
(B) December 31 of the program year for which the |
|
application is filed. |
|
SECTION 1.20. Section 502.174(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) The county assessor-collector shall send an assessment |
|
collected under this section to the comptroller, at the time and in |
|
the manner prescribed by the Texas Agricultural Finance Authority, |
|
for deposit in the Texas agricultural fund [to the credit of the
|
|
young farmer loan guarantee account]. |
|
SECTION 1.21. The following provisions are repealed: |
|
(1) Section 44.001(3), Agriculture Code; |
|
(2) Section 58.0173(c), Agriculture Code; |
|
(3) Section 58.0211(b), Agriculture Code; |
|
(4) Sections 58.057(a) and (e), Agriculture Code; and |
|
(5) Section 1372.0235, Government Code. |
|
SECTION 1.22. On the effective date of this Act: |
|
(1) the young farmer loan guarantee program under |
|
Subchapter E, Chapter 58, Agriculture Code, as that subchapter |
|
existed before amendment by this Act, is abolished; and |
|
(2) the agricultural loan guarantee program under |
|
Subchapter E, Chapter 58, Agriculture Code, as amended by this Act, |
|
is established. |
|
SECTION 1.23. On the effective date of this Act, the young |
|
farmer loan guarantee account is abolished. All money in the |
|
account on that date remains in the Texas agricultural fund. All |
|
deposits purportedly made to the account on or after that date shall |
|
be deposited in the Texas agricultural fund. All references in law |
|
or rule to the young farmer loan guarantee account mean the Texas |
|
agricultural fund. |
|
SECTION 1.24. (a) As soon as practicable on or after the |
|
effective date of this Act, the commissioner of agriculture shall |
|
appoint two members to the board of directors of the Texas |
|
Agricultural Finance Authority who represent young farmers and the |
|
interests of young farmers. In appointing those members, the |
|
commissioner shall appoint one person to a term expiring January 1, |
|
2010, and one to a term expiring January 1, 2011. |
|
(b) The changes in law made by this Act by the amendment of |
|
Section 58.012, Agriculture Code, do not affect the entitlement of |
|
a member of the board of directors of the Texas Agricultural Finance |
|
Authority serving on the board immediately before the effective |
|
date of this Act to continue to serve on the board and carry out the |
|
board's functions for the remainder of the member's term. The |
|
changes in law apply only to a member appointed on or after the |
|
effective date of this Act. This Act does not prohibit a person who |
|
is a member of the board on the effective date of this Act from being |
|
reappointed to the board if the person has the qualifications |
|
required for a member under Section 58.012, Agriculture Code, as |
|
amended by this Act. |
|
ARTICLE 2. PRESCRIBED BURNING BOARD |
|
SECTION 2.01. Section 153.001, Natural Resources Code, is |
|
amended to read as follows: |
|
Sec. 153.001. DEFINITIONS [DEFINITION]. In this chapter: |
|
(1) "Board" [, "board"] means the Prescribed Burning |
|
Board. |
|
(2) "Department" means the Department of Agriculture. |
|
SECTION 2.02. Subchapter A, Chapter 153, Natural Resources |
|
Code, is amended by adding Section 153.004 to read as follows: |
|
Sec. 153.004. PRESCRIBED BURNING IN STATE OF EMERGENCY OR |
|
DISASTER. A certified and insured prescribed burn manager may |
|
conduct a burn in a county in which a state of emergency or state of |
|
disaster has been declared by the governor or the president of the |
|
United States, unless the declaration expressly prohibits all |
|
outdoor burning. |
|
SECTION 2.03. Section 153.041(a), Natural Resources Code, |
|
is amended to read as follows: |
|
(a) The Prescribed Burning Board is established within the |
|
department [Department of Agriculture] and is composed of: |
|
(1) an employee of the Texas Forest Service designated |
|
by the director of the Texas Forest Service; |
|
(2) an employee of the Parks and Wildlife Department |
|
appointed by the executive director of the Parks and Wildlife |
|
Department; |
|
(3) an employee of the Texas Commission on |
|
Environmental Quality [Natural Resource Conservation Commission] |
|
appointed by the executive director of the Texas Commission on |
|
Environmental Quality [Natural Resource Conservation Commission]; |
|
(4) an employee of the Texas AgriLife [Agricultural] |
|
Extension Service appointed by the executive director of the Texas |
|
AgriLife [Agricultural] Extension Service; |
|
(5) an employee of [the] Texas AgriLife Research |
|
[Agricultural Experiment Station] appointed by the director of |
|
[the] Texas AgriLife Research [Agricultural Experiment Station]; |
|
(6) an employee of the Texas Tech University Range and |
|
Wildlife Department appointed by the dean of the Texas Tech |
|
University College of Agricultural Sciences and Natural Resources; |
|
(7) an employee of the department [Department of
|
|
Agriculture] appointed by the commissioner of agriculture; |
|
(8) an employee of the State Soil and Water |
|
Conservation Board appointed by the executive director of the State |
|
Soil and Water Conservation Board; and |
|
(9) five persons who are: |
|
(A) owners of agricultural land, as that term is |
|
defined by Section 153.081; |
|
(B) self-employed or employed by a person other |
|
than a governmental entity; and |
|
(C) appointed by the commissioner of |
|
agriculture. |
|
SECTION 2.04. Section 153.044, Natural Resources Code, is |
|
amended to read as follows: |
|
Sec. 153.044. SUNSET PROVISION. The Prescribed Burning |
|
Board is subject to Chapter 325, Government Code (Texas Sunset |
|
Act). The board shall be reviewed during the period in which the |
|
Department of Agriculture is reviewed [Unless continued in
|
|
existence as provided by that chapter, the board is abolished and
|
|
this chapter expires September 1, 2009]. |
|
SECTION 2.05. Section 153.046, Natural Resources Code, is |
|
amended to read as follows: |
|
Sec. 153.046. DUTIES. The board shall: |
|
(1) establish standards for prescribed burning; |
|
(2) develop a comprehensive training curriculum for |
|
prescribed burn managers; |
|
(3) establish standards for certification, |
|
recertification, and training for prescribed burn managers; |
|
(4) establish minimum education and professional |
|
requirements for instructors for the approved curriculum; and |
|
(5) establish minimum insurance requirements for |
|
certified and insured prescribed burn managers. |
|
SECTION 2.06. Section 153.047, Natural Resources Code, is |
|
amended to read as follows: |
|
Sec. 153.047. PRESCRIBED BURNING STANDARDS. Minimum |
|
standards established by the board for prescribed burning must: |
|
(1) ensure that prescribed burning is the controlled |
|
application of fire to naturally occurring or naturalized |
|
vegetative fuels under specified environmental conditions in |
|
accordance with a written prescription plan: |
|
(A) designed to confine the fire to a |
|
predetermined area and to accomplish planned land management |
|
objectives; and |
|
(B) that conforms to the standards established |
|
under this section; |
|
(2) require that at least one certified and insured |
|
prescribed burn manager is present on site during the conduct of the |
|
prescribed burn; |
|
(3) establish appropriate guidelines for size of |
|
burning crews sufficient to: |
|
(A) conduct the burn in accordance with the |
|
prescription plan; and |
|
(B) provide adequate protection for the safety of |
|
persons and of adjacent property; |
|
(4) include standards for notification to adjacent |
|
land owners, the Texas Commission on Environmental Quality [Natural
|
|
Resource Conservation Commission], and local fire authorities; and |
|
(5) include minimum insurance requirements for |
|
certified and insured prescribed burn managers. |
|
SECTION 2.07. Sections 153.048(c) and (e), Natural |
|
Resources Code, are amended to read as follows: |
|
(c) The certification is for two [five] years. |
|
(e) The board shall maintain a register of certified and |
|
insured prescribed burn managers and dates of completion of initial |
|
and continuing training. |
|
SECTION 2.08. Sections 153.081(a) and (b), Natural |
|
Resources Code, are amended to read as follows: |
|
(a) Subject to Section 153.082, an owner, lessee, or |
|
occupant of agricultural land is not liable for property damage or |
|
for injury or death to persons caused by or resulting from |
|
prescribed burning conducted on the land owned by, leased by, or |
|
occupied by the person if the prescribed burning is conducted under |
|
the supervision of a certified and insured prescribed burn manager. |
|
(b) This section does not apply to an owner, lessee, or |
|
occupant of agricultural land who is a certified and insured |
|
prescribed burn manager and conducts a burn on that land. |
|
SECTION 2.09. Section 153.082, Natural Resources Code, is |
|
amended to read as follows: |
|
Sec. 153.082. INSURANCE. The limitation on liability under |
|
Section 153.081 does not apply to an owner, lessee, or occupant of |
|
agricultural land unless the certified and insured prescribed burn |
|
manager conducting a burn on the land has liability insurance |
|
coverage: |
|
(1) of at least $1 million for each single occurrence |
|
of bodily injury or death, or injury to or destruction of property; |
|
and |
|
(2) with a policy period minimum aggregate limit of at |
|
least $2 million. |
|
SECTION 2.10. Chapter 153, Natural Resources Code, is |
|
amended by adding Subchapter D to read as follows: |
|
SUBCHAPTER D. COMPLAINTS, ENFORCEMENT, AND PENALTIES |
|
Sec. 153.101. COMPLAINTS. The department shall receive and |
|
process complaints concerning prescribed burn managers in the |
|
manner described by Section 12.026, Agriculture Code, and rules |
|
adopted under that section. |
|
Sec. 153.102. DISCIPLINARY ACTION; SCHEDULE OF SANCTIONS. |
|
(a) The department may impose an administrative sanction, |
|
including an administrative penalty, as provided by Sections |
|
12.020, 12.0201, 12.0202, and 12.0261, Agriculture Code, for a |
|
violation of this chapter. |
|
(b) The department by rule shall adopt a schedule of the |
|
disciplinary sanctions that the department may impose under this |
|
chapter. In adopting the schedule of sanctions, the department |
|
shall ensure that the severity of the sanction imposed is |
|
appropriate to the type of violation or conduct that is the basis |
|
for disciplinary action. |
|
(c) In determining the appropriate disciplinary action, |
|
including the amount of any administrative penalty to assess, the |
|
department shall consider: |
|
(1) whether the person: |
|
(A) is being disciplined for multiple violations |
|
of either this chapter or a rule or order adopted under this |
|
chapter; or |
|
(B) has previously been the subject of |
|
disciplinary action by the department under this chapter and has |
|
previously complied with department rules and this chapter; |
|
(2) the seriousness of the violation; |
|
(3) the threat to public safety; and |
|
(4) any mitigating factors. |
|
Sec. 153.103. INJUNCTION. (a) The department may apply to |
|
a district court in any county for an injunction to restrain a |
|
person who is not a certified and insured prescribed burn manager |
|
from representing that the person is a certified and insured |
|
prescribed burn manager. |
|
(b) At the request of the department, the attorney general |
|
shall initiate and conduct an action in a district court in the |
|
state's name to obtain an injunction under this section. |
|
Sec. 153.104. EMERGENCY SUSPENSION. (a) On determining |
|
that a certification holder is engaged in or about to engage in a |
|
violation of this chapter and that the certification holder's |
|
continued practice constitutes an immediate threat to the public |
|
welfare, the department may issue an order suspending the |
|
certification holder's certification without notice or a hearing. |
|
The department shall immediately serve notice of the suspension on |
|
the certification holder. |
|
(b) The notice required by Subsection (a) must: |
|
(1) be personally served on the certification holder |
|
or be sent by registered or certified mail, return receipt |
|
requested, to the certification holder's last known address |
|
according to the board's records; |
|
(2) state the grounds for the suspension; and |
|
(3) inform the certification holder of the right to a |
|
hearing on the suspension order. |
|
(c) A certification holder whose certification is suspended |
|
under this section is entitled to request a hearing on the |
|
suspension not later than the 30th day after the date of receipt of |
|
notice of the suspension. Not later than the fifth day after the |
|
date a hearing is requested, the department shall issue a notice of |
|
hearing. |
|
(d) The hearing shall be held not later than the fifth day |
|
after the date notice of hearing is issued, unless the parties agree |
|
to a later date. A hearing on a suspension order under this section |
|
is subject to Chapter 2001, Government Code. If the hearing is |
|
before an administrative law judge, after the hearing, the |
|
administrative law judge shall recommend to the board whether to |
|
uphold, vacate, or modify the suspension order. |
|
(e) A suspension order issued under this section remains in |
|
effect until further action is taken by the department. If the |
|
administrative law judge's recommendation under Subsection (d) is |
|
to vacate the order, the department shall determine whether to |
|
vacate the order not later than the second day after the date of the |
|
recommendation. |
|
SECTION 2.11. (a) Section 153.048(c), Natural Resources |
|
Code, as amended by this Act, applies to a certification issued or |
|
renewed after the effective date of this Act. A certification |
|
issued or renewed before the effective date of this Act is governed |
|
by the law in effect on the date the certification was issued or |
|
renewed, and the former law is continued in effect for that purpose. |
|
(b) Sections 153.102, 153.103, and 153.104, Natural |
|
Resources Code, as added by this Act, apply only to conduct that |
|
occurs on or after the effective date of this Act. Conduct that |
|
occurs before the effective date of this Act is governed by the law |
|
in effect when the conduct occurred, and the former law is continued |
|
in effect for that purpose. |
|
ARTICLE 3. TEXAS-ISRAEL EXCHANGE FUND BOARD |
|
SECTION 3.01. The heading to Chapter 45, Agriculture Code, |
|
is amended to read as follows: |
|
CHAPTER 45. TEXAS-ISRAEL EXCHANGE RESEARCH PROGRAM [FUND] |
|
SECTION 3.02. Section 45.001, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 45.001. LEGISLATIVE FINDINGS; PURPOSE. (a) The |
|
legislature finds that Texas and Israel have many interests in |
|
common. They face many of the same difficulties in agriculture; the |
|
geography of both areas produces semiarid climatic conditions; |
|
there is present in both areas a rising demand for a limited supply |
|
of water coupled with increasing pressures to minimize the use of |
|
energy in all aspects of agriculture. Scientific and technological |
|
cooperatives already produce close ties between the two areas while |
|
engaging in binational projects for scientific and industrial |
|
research and development. |
|
A program [fund] to support joint agricultural research and |
|
development by, and the development of trade and business relations |
|
between, Texas and Israel will address common problems and make |
|
substantial contributions to the development of agriculture, |
|
trade, and business in both areas. Since Texas has long emphasized |
|
broad-based agricultural research and Israel has originated and |
|
developed agricultural technologies designed to maximize |
|
production with minimal use of resources such as water and labor, |
|
each of the two areas will benefit by sharing information and |
|
expertise. |
|
(b) The purpose of this chapter is to: |
|
(1) establish a program [fund] to promote and support |
|
practical and applied agricultural research and development that |
|
will result in mutual benefit to Texas and Israel and will help to |
|
provide solutions to food and fiber production problems wherever |
|
they exist, particularly those relating to water conservation; and |
|
(2) establish a program of mutual cooperation that |
|
will foster the development of trade, mutual assistance, and |
|
business relations between Texas and Israel. |
|
SECTION 3.03. Section 45.002, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 45.002. DEFINITION [DEFINITIONS]. In this chapter,[:
|
|
[(1)] "applied [Applied] research" means the process |
|
of assembling knowledge gained by careful and diligent search and |
|
studious inquiry and examination and using that knowledge to solve |
|
practical, real-world problems. |
|
[(2)
"Board" means the Texas-Israel Exchange Fund
|
|
Board.
|
|
[(3) "Fund" means the Texas-Israel Exchange Fund.] |
|
SECTION 3.04. Section 45.005, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 45.005. GENERAL FUNCTIONS, POWERS, AND DUTIES. (a) |
|
The department may establish a binational program to support joint |
|
agricultural research and development with Israel. The scope of |
|
agricultural research and development which the program [fund] may |
|
promote and support encompasses all scientific activities related |
|
to agriculture, including production, processing, marketing, and |
|
agricultural services, with emphasis on the support of applied |
|
research to improve water, labor, and energy utilization in |
|
agriculture. |
|
(b) The program [fund] shall support applied research in |
|
areas of potential mutual interest, including: |
|
(1) water conservation; |
|
(2) water management and use; |
|
(3) soil management and conservation; |
|
(4) innovative sources of energy for agricultural |
|
production; |
|
(5) environmental aspects of agricultural technology; |
|
(6) intensive crop production; and |
|
(7) agricultural engineering and processing. |
|
(c) The program [fund] may undertake agricultural research |
|
and development projects of mutual benefit that are located in |
|
Texas, Israel, or any other location considered advisable by the |
|
department or suggested by the advisory committee [boards]. |
|
(d) The department [fund] may make research or development |
|
grants or loans to public or private entities who intend to carry |
|
out the stated objectives of the program [fund]. |
|
(e) The program [fund] shall encourage or support the |
|
exchange of agricultural producers, scientists, teachers, |
|
students, or other types of agricultural experts between the two |
|
cooperating areas of Texas and Israel. |
|
(f) The program [fund] shall encourage and support [a
|
|
program of] mutual cooperation that will foster the development of |
|
trade, mutual assistance, and business relations between Texas and |
|
Israel. |
|
SECTION 3.05. Sections 45.007(b) and (d), Agriculture Code, |
|
are amended to read as follows: |
|
(b) The department [board] may accept gifts and grants from |
|
the federal government, state government, and private sources, as |
|
well as legislative appropriations to carry out the purposes of |
|
this chapter. The use of gifts and grants other than legislative |
|
appropriation is subject only to limitations contained in the gift |
|
or grant. |
|
(d) The department [board] shall make an annual accounting |
|
of all money received, awarded, and expended during the year under |
|
this chapter to the legislative committees responsible for |
|
agricultural issues. |
|
SECTION 3.06. Chapter 45, Agriculture Code, is amended by |
|
adding Section 45.009 to read as follows: |
|
Sec. 45.009. TEXAS-ISREAL EXCHANGE ADVISORY COMMITTEE. The |
|
department may establish a binational agricultural research |
|
advisory committee to provide guidance and direction on activities |
|
conducted under this chapter and the expenditure of money |
|
appropriated for the purposes of this chapter. |
|
SECTION 3.07. (a) The Texas-Israel Exchange Fund Board and |
|
the Texas-Israel Exchange Fund are abolished. |
|
(b) The following provisions of the Agriculture Code are |
|
repealed: |
|
(1) Section 45.003; |
|
(2) Section 45.004; |
|
(3) Section 45.006; |
|
(4) Sections 45.007(a) and (c); and |
|
(5) Section 45.008. |
|
ARTICLE 4. STRUCTURE OF CERTAIN BOARDS AND ADVISORY COMMITTEES |
|
SECTION 4.01. Chapter 50B, Agriculture Code, is amended by |
|
adding Section 50B.0015 to read as follows: |
|
Sec. 50B.0015. DEFINITION. In this chapter, "committee" |
|
means the wine industry development and marketing advisory |
|
committee. |
|
SECTION 4.02. Section 50B.002, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 50B.002. WINE INDUSTRY DEVELOPMENT AND MARKETING [;] |
|
ADVISORY COMMITTEE. (a) The commissioner shall [may] appoint a |
|
wine industry development and marketing advisory committee to: |
|
(1) develop a long-term vision and marketable identity |
|
for the wine industry in the state that take into consideration |
|
future industry development, funding, research, educational |
|
programming, risk management, and marketing; and |
|
(2) assist the commissioner in establishing and |
|
implementing the Texas Wine Marketing Assistance Program under |
|
Chapter 110, Alcoholic Beverage Code. |
|
(b) The committee consists of members appointed by the |
|
commissioner who represent a diverse cross-section of the wine |
|
industry, including representatives of: |
|
(1) grape growers; |
|
(2) wineries; |
|
(3) wholesalers; |
|
(4) package stores; |
|
(5) retailers; |
|
(6) researchers; |
|
(7) consumers; |
|
(8) the department; and |
|
(9) the Texas Alcoholic Beverage Commission. |
|
(c) The members of the committee serve without |
|
compensation. |
|
(d) A member of the committee serves at the pleasure of the |
|
commissioner for a term of two years. The commissioner may |
|
reappoint a member to the committee. |
|
(e) The commissioner shall select a presiding officer from |
|
among the members and adopt rules governing the operation of the |
|
committee. |
|
(f) The committee shall meet as necessary to provide |
|
guidance to the commissioner. |
|
SECTION 4.03. Sections 62.002(a) and (d), Agriculture Code, |
|
are amended to read as follows: |
|
(a) The State Seed and Plant Board is an agency of the state. |
|
The board is composed of [six members appointed by the governor with
|
|
the advice and consent of the senate. Membership must include]: |
|
(1) one individual, appointed by the president of |
|
Texas A&M University, from the Soils and Crop Sciences Department, |
|
Texas Agricultural Experiment Station, Texas A&M [A & M] |
|
University; |
|
(2) one individual, appointed by the president of |
|
Texas Tech University, from the Department of Plant and Soil |
|
Sciences, Texas Tech University; |
|
(3) one individual, appointed by the commissioner, |
|
licensed as a Texas Foundation, Registered, or Certified seed or |
|
plant producer who is not employed by a public institution; |
|
(4) one individual, appointed by the commissioner, |
|
who sells Texas Foundation, Registered, or Certified seed or |
|
plants; |
|
(5) one individual, appointed by the commissioner, |
|
actively engaged in farming but not a producer or seller of Texas |
|
Foundation, Registered, or Certified seed or plants; and |
|
(6) the head of the seed division of the department. |
|
(d) The commissioner [governor] shall designate a member of |
|
the board as the chairman to serve in that capacity at the pleasure |
|
of the commissioner [governor]. The board annually shall elect a |
|
vice-chairman and secretary. The board shall meet at times and |
|
places determined by the chairman. |
|
SECTION 4.04. Section 62.0027(a), Agriculture Code, is |
|
amended to read as follows: |
|
(a) Before a member of the board may assume the member's |
|
duties [and before the member may be confirmed by the senate], the |
|
member must complete at least one course of the training program |
|
established under this section. |
|
SECTION 4.05. Sections 103.003(a) and (f), Agriculture |
|
Code, are amended to read as follows: |
|
(a) The Produce Recovery Fund Board is composed of five |
|
members appointed by the commissioner [governor with the advice and
|
|
consent of the senate]. Two members must be producers, one must be |
|
a license holder licensed under Chapter 101, and two must be members |
|
of the general public. |
|
(f) The commissioner [governor] shall designate a member of |
|
the board as the chairman of the board to serve in that capacity at |
|
the pleasure of the commissioner [governor]. |
|
SECTION 4.06. Section 103.019(a), Agriculture Code, is |
|
amended to read as follows: |
|
(a) Before a member of the board may assume the member's |
|
duties [and before the member may be confirmed by the senate], the |
|
member must complete at least one course of the training program |
|
established under this section. |
|
SECTION 4.07. Section 110.002(b), Alcoholic Beverage Code, |
|
is amended to read as follows: |
|
(b) The commissioner, in consultation with the advisory |
|
committee established under Section 50B.002, Agriculture Code |
|
[110.003], shall adopt rules as necessary to implement the program. |
|
SECTION 4.08. The following statutes are repealed: |
|
(1) Section 62.0023(c), Agriculture Code; |
|
(2) Sections 103.003(b) and 103.017(c), Agriculture |
|
Code; and |
|
(3) Section 110.003, Alcoholic Beverage Code. |
|
SECTION 4.09. On the effective date of this Act, the Texas |
|
Wine Marketing Assistance Program advisory committee and the wine |
|
industry development advisory committee are abolished. The |
|
commissioner of agriculture may appoint a person who previously |
|
served on either of those committees to the wine industry |
|
development and marketing advisory committee established under |
|
Section 50B.002, Agriculture Code, as amended by this Act. |
|
SECTION 4.10. The changes in law made by this Act by the |
|
amendment of Sections 62.002 and 103.003, Agriculture Code, do not |
|
affect the entitlement of a member serving on the State Seed and |
|
Plant Board or Produce Recovery Fund Board immediately before the |
|
effective date of this Act to continue to serve as a board member |
|
for the remainder of the member's term. The changes in law apply |
|
only to a member appointed on or after the effective date of this |
|
Act. |
|
ARTICLE 5. CERTAIN AGRICULTURAL REGULATORY PROGRAMS |
|
SECTION 5.01. Section 13.251, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 13.251. DEFINITION. In this subchapter, "public |
|
weigher" means a business certified under this subchapter [person
|
|
who is elected or appointed] to issue an official certificate |
|
declaring the accurate weight or measure of a commodity that the |
|
business [person] is requested to weigh. |
|
SECTION 5.02. Section 13.255, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 13.255. CERTIFICATE. (a) A public weigher[, whether
|
|
elected or appointed, or deputy public weigher] may not officially |
|
weigh a commodity unless the weigher has obtained from the |
|
department a certificate of authority. |
|
(b) A [state public weigher must submit a nonrefundable fee,
|
|
as provided by department rule, with the application for a
|
|
certificate of authority. A county public weigher or a deputy] |
|
public weigher must submit a fee, as provided by department rule, |
|
with the application for a certificate of authority. |
|
SECTION 5.03. Section 13.2555, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 13.2555. REVOCATION, MODIFICATION, OR SUSPENSION OF |
|
CERTIFICATE. (a) The department shall revoke, modify, or suspend |
|
the certificate of authority of a [an appointed public weigher or a
|
|
deputy of an appointed county] public weigher, assess an |
|
administrative penalty, place on probation the public weigher |
|
[person] whose certificate has been suspended, or reprimand a [an
|
|
appointed public weigher or a deputy of an appointed county] public |
|
weigher for a violation of this subchapter or a rule adopted by the |
|
department under this subchapter. |
|
(b) If a certificate suspension is probated, the department |
|
may require the public weigher [person] to: |
|
(1) report regularly to the department on matters that |
|
are the basis of the probation; |
|
(2) limit practice to the areas prescribed by the |
|
department; or |
|
(3) continue or renew professional education until the |
|
public weigher [person] attains a degree of skill satisfactory to |
|
the department in those areas that are the basis of the probation. |
|
(c) If the department proposes to revoke, modify, or suspend |
|
a public weigher's [person's] certificate, the public weigher |
|
[person] is entitled to a hearing conducted under Section 12.032. |
|
The decision of the department is appealable in the same manner as |
|
provided for contested cases under Chapter 2001, Government Code. |
|
SECTION 5.04. Section 13.256, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 13.256. BOND. [(a)] Each [county public weigher,
|
|
whether elected or appointed, and each deputy] public weigher shall |
|
execute [for the full term of office] a bond in accordance with |
|
rules adopted [that is in the amount of $2,500, approved] by the |
|
department [, and made payable to the county judge of the county for
|
|
which the weigher is elected or appointed]. The bond must be |
|
conditioned on the accurate weight or measure of a commodity being |
|
reflected on the certificate issued by the public weigher [or
|
|
deputy], on the protection of a commodity that the public weigher |
|
[or deputy] is requested to weigh or measure, and on compliance with |
|
all laws and rules governing public weighers. [The bond shall be
|
|
filed with the county clerk's office in the county for which the
|
|
public weigher or deputy is appointed or elected.] The bond is not |
|
void on first recovery. A person injured by the public weigher may |
|
sue on the bond. |
|
[(b)
Each state public weigher shall execute a bond similar
|
|
to the bond required under Subsection (a) of this section, except
|
|
that the bond is for $10,000, made payable to the State of Texas,
|
|
and filed with the department.] |
|
SECTION 5.05. Section 13.257(a), Agriculture Code, is |
|
amended to read as follows: |
|
(a) On each certificate of weight or measure that a public |
|
weigher [or deputy public weigher] issues, the public weigher [or
|
|
deputy public weigher] shall include the: |
|
(1) time and date that the weight or measurement was |
|
taken; |
|
(2) signature and license number of the public weigher |
|
[or deputy public weigher]; and |
|
(3) seal of the department. |
|
SECTION 5.06. Section 13.259(a), Agriculture Code, is |
|
amended to read as follows: |
|
(a) A public weigher [or deputy public weigher] who |
|
intentionally or knowingly issues a certificate of weight or |
|
measure giving a false weight or measure for a commodity weighed or |
|
measured commits an offense. |
|
SECTION 5.07. Section 13.261, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 13.261. [POWER OF DEPARTMENT;] RULES. The department |
|
shall [may] adopt rules governing the bond requirements and |
|
[procedures to be followed in administering the] fees imposed under |
|
this subchapter. |
|
SECTION 5.08. Section 52.038, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 52.038. EXISTING CORPORATIONS AND ASSOCIATIONS. [(a)] |
|
Any corporation or association organized under prior law before |
|
March 1, 1921, may elect, by a majority vote of its members or |
|
stockholders, to adopt this chapter and become subject to it by: |
|
(1) adopting the restrictions provided by this |
|
chapter; and |
|
(2) executing, in duplicate on forms supplied by the |
|
secretary of state, an instrument, signed and acknowledged by its |
|
directors, stating that the entity, by a majority vote of its |
|
members or stockholders, has decided to accept the benefits of and |
|
be bound by this chapter[; and
|
|
[(3)
filing articles of incorporation in accordance
|
|
with the requirements of Section 52.035 of this code except that the
|
|
entity's directors shall sign the articles]. |
|
[(b)
The filing fee for the articles filed under Subsection
|
|
(a) of this section is equal to the filing fee for an amendment to
|
|
the articles of incorporation as provided by Section 52.151 of this
|
|
code.] |
|
SECTION 5.09. Section 52.151, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 52.151. TAX EXEMPTIONS [FEES]. [(a)
The fee for
|
|
filing articles of incorporation under this chapter is $10.
|
|
[(b)
The fee for filing an amendment to the articles of
|
|
incorporation under this chapter is $2.50.
|
|
[(c)
Each marketing association shall pay to the department
|
|
an annual license fee, as provided by department rule.] A marketing |
|
association is exempt from all [other] franchise or license taxes, |
|
except that a marketing association is exempt from the franchise |
|
tax imposed by Chapter 171, Tax Code, only if exempted by that |
|
chapter. |
|
SECTION 5.10. Section 101.003(b), Agriculture Code, is |
|
amended to read as follows: |
|
(b) This section does not apply to: |
|
(1) a retailer, unless the retailer: |
|
(A) has annual sales of perishable commodities |
|
that comprise 50 percent or more of the retailer's total sales; or |
|
(B) employs a buying agent who buys directly from |
|
a producer; |
|
(2) a producer who handles or deals exclusively in the |
|
producer's own products; |
|
(3) a person shipping less than six standard boxes of |
|
citrus fruit in any one separate shipment; [or] |
|
(4) a person who ships a noncommercial shipment of |
|
perishable commodities; or |
|
(5) a person who purchases perishable commodities and |
|
pays for the perishable commodities in United States currency |
|
before or at the time of delivery or taking possession. |
|
SECTION 5.11. Section 101.004, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 101.004. LICENSE OR REGISTRATION CATEGORIES. [(a)] A |
|
person shall apply for a license if the person: |
|
(1) purchases perishable commodities on credit; |
|
(2) takes possession of perishable commodities for |
|
consignment or handling on behalf of the producer or owner of the |
|
perishable commodities; or |
|
(3) takes possession of perishable commodities for |
|
consignment or handling in a manner or under a contract that does |
|
not require or result in payment to the producer, seller, or |
|
consignor of the full amount of the purchase price in United States |
|
currency at the time of delivery or at the time that the perishable |
|
commodities pass from the producer, seller, or consignor to the |
|
person. |
|
[(b)
A person shall register as a cash dealer if the person
|
|
purchases perishable commodities and pays for the perishable
|
|
commodities in United States currency before or at the time of
|
|
delivery or taking possession.] |
|
SECTION 5.12. Section 103.008(b), Agriculture Code, is |
|
amended to read as follows: |
|
(b) The total payment of all claims arising from the same |
|
contract with a license holder may not exceed $50,000 [$35,000]. |
|
SECTION 5.13. Section 121.005(a), Agriculture Code, is |
|
amended to read as follows: |
|
(a) Each rose plant or shipment of rose plants shall be |
|
labeled with[:
|
|
[(1)] the proper grade[; and
|
|
[(2)
the number of the certificate of authority of the
|
|
person selling or offering for sale the plant or shipment]. |
|
SECTION 5.14. Section 52.092(f), Election Code, is amended |
|
to read as follows: |
|
(f) Precinct offices shall be listed in the following order: |
|
(1) county commissioner; |
|
(2) justice of the peace; |
|
(3) constable[;
|
|
[(4) public weigher]. |
|
SECTION 5.15. Section 172.024(a), Election Code, is amended |
|
to read as follows: |
|
(a) The filing fee for a candidate for nomination in the |
|
general primary election is as follows: |
|
(1) United States senator $5,000 |
|
(2) office elected statewide, except United States |
|
senator 3,750 |
|
(3) United States representative 3,125 |
|
(4) state senator 1,250 |
|
(5) state representative 750 |
|
(6) member, State Board of Education 300 |
|
(7) chief justice or justice, court of appeals, other |
|
than a justice specified by Subdivision (8) 1,875 |
|
(8) chief justice or justice of a court of appeals that |
|
serves a court of appeals district in which a county with a |
|
population of more than 750,000 is wholly or partly |
|
situated 2,500 |
|
(9) district judge or judge specified by Section |
|
52.092(d) for which this schedule does not otherwise prescribe a |
|
fee 1,500 |
|
(10) district or criminal district judge of a court in |
|
a judicial district wholly contained in a county with a population |
|
of more than 850,000 2,500 |
|
(11) judge, statutory county court, other than a judge |
|
specified by Subdivision (12) 1,500 |
|
(12) judge of a statutory county court in a county with |
|
a population of more than 850,000 2,500 |
|
(13) district attorney, criminal district attorney, |
|
or county attorney performing the duties of a district |
|
attorney 1,250 |
|
(14) county commissioner, district clerk, county |
|
clerk, sheriff, county tax assessor-collector, county treasurer, |
|
or judge, constitutional county court: |
|
(A) county with a population of 200,000 |
|
or more 1,250 |
|
(B) county with a population of under |
|
200,000 750 |
|
(15) justice of the peace or constable: |
|
(A) county with a population of 200,000 |
|
or more 1,000 |
|
(B) county with a population of under |
|
200,000 375 |
|
(16) county surveyor or[,] inspector of hides and |
|
animals[, or public weigher] 75 |
|
(17) office of the county government for which this |
|
schedule does not otherwise prescribe a fee 750 |
|
SECTION 5.16. Section 62.160(b), Labor Code, is amended to |
|
read as follows: |
|
(b) Sections 62.051-62.054 [and Subchapter C] do not apply |
|
to an agricultural employer with respect to an employee engaged in |
|
the production of livestock. |
|
SECTION 5.17. The following statutes are repealed: |
|
(1) Section 13.252, Agriculture Code; |
|
(2) Section 13.253, Agriculture Code; |
|
(3) Section 13.2535, Agriculture Code; |
|
(4) Section 13.254, Agriculture Code; |
|
(5) Section 52.035(b), Agriculture Code; |
|
(6) Section 52.152, Agriculture Code; |
|
(7) Sections 103.008(a) and (c), Agriculture Code; |
|
(8) Section 121.004, Agriculture Code; |
|
(9) Section 62.002(1), Labor Code; and |
|
(10) Subchapter C, Chapter 62, Labor Code. |
|
SECTION 5.18. (a) The changes in law made by this Act to |
|
Subchapter E, Chapter 13, Agriculture Code, do not affect the |
|
entitlement of a public weigher or deputy public weigher elected or |
|
appointed before the effective date of this Act to serve as a public |
|
weigher or deputy public weigher for the remainder of the public |
|
weigher's or deputy public weigher's term. A public weigher or |
|
deputy public weigher elected or appointed before the effective |
|
date of this Act is governed by the law in effect immediately before |
|
the effective date of this Act, and the former law is continued in |
|
effect for that purpose. |
|
(b) The changes in law made by this Act to Section 103.008, |
|
Agriculture Code, apply only to a claim for payment filed on or |
|
after the effective date of this Act. A claim filed before that |
|
date is governed by the law in effect on the date the claim was |
|
filed, and the former law is continued in effect for that purpose. |
|
ARTICLE 6. GENERAL LICENSING PROVISIONS |
|
SECTION 6.01. Sections 12.020(a) and (c), Agriculture Code, |
|
are amended to read as follows: |
|
(a) If a person violates a provision of law [this code] |
|
described by Subsection (c) [of this section] or a rule or order |
|
adopted by the department under a provision of law [this code] |
|
described by Subsection (c) [of this section], the department may |
|
assess an administrative penalty against the person as provided by |
|
this section. |
|
(c) The provisions of law [this code] subject to this |
|
section and the applicable penalty amounts are as follows: |
|
Provision |
Amount of Penalty |
|
|
Chapter 41 |
not more than $5,000 [$1,000] |
|
|
Chapters 13, 14A, 18, 46, 61, 94, |
|
|
|
95, 101, 102, 103, 121, 125, 132, |
|
|
|
and 134 |
not more than $5,000 [$500] |
|
|
|
|
|
|
Chapter 76 |
not more than $5,000 [$2,000] |
|
|
Subchapters A and C, Chapter 71 |
|
|
|
Chapters 72, 73, and 74 |
not more than $5,000 |
|
|
Chapter 14 |
not more than $10,000 |
|
|
Chapter 1951, Occupations Code |
not more than $5,000 |
|
|
Chapter 153, Natural Resources |
|
|
|
Code |
not more than $5,000. |
|
|
SECTION 6.02. Section 12.023, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 12.023. EXPIRATION OF REGISTRATION OR LICENSES. The |
|
department by rule shall [may] adopt a system under which |
|
registrations or licenses required by the department expire on |
|
various dates during the year. For the year in which the |
|
registration or license expiration date is changed, registration or |
|
license fees shall be prorated on a monthly basis so that each |
|
registrant or licensee pays only that portion of the fee that is |
|
allocable to the number of months during which the registration or |
|
license is valid. On renewal of the registration or license on the |
|
new expiration date, the total renewal fee is payable. |
|
SECTION 6.03. Title 2, Agriculture Code, is amended by |
|
adding Chapter 12A to read as follows: |
|
CHAPTER 12A. GENERAL LICENSING PROVISIONS |
|
SUBCHAPTER A. POWERS AND DUTIES OF DEPARTMENT RELATED TO LICENSING |
|
Sec. 12A.001. APPLICABILITY OF PROVISIONS. The general |
|
licensing, regulatory, and enforcement provisions of Chapter 12 and |
|
this chapter apply to licensing and regulatory programs |
|
administered by the department under any law. |
|
Sec. 12A.002. CEASE AND DESIST ORDER. (a) If it appears to |
|
the commissioner that a person who is not licensed by the department |
|
is violating a statute or rule that requires the person to hold a |
|
license issued by the department or a statute or rule relating to an |
|
activity regulated by the department, the commissioner after notice |
|
and opportunity for a hearing may issue a cease and desist order |
|
prohibiting the person from engaging in the activity. |
|
(b) A violation of an order under this section constitutes |
|
grounds for imposing an administrative penalty. |
|
Sec. 12A.003. RISK-BASED INSPECTIONS. For each person |
|
licensed or regulated by the department that the department may |
|
inspect: |
|
(1) the department may conduct additional inspections |
|
based on a schedule of risk-based inspections using the following |
|
criteria: |
|
(A) the type and nature of the person; |
|
(B) whether there has been a prior violation by |
|
the person; |
|
(C) the inspection history of the person; |
|
(D) any history of complaints involving the |
|
person; and |
|
(E) any other factor determined by the department |
|
by rule; and |
|
(2) the department may waive the inspection |
|
requirement on a case-by-case basis if an emergency arises or to |
|
accommodate complaint investigation schedules. |
|
[Sections 12A.004-12A.050 reserved for expansion] |
|
SUBCHAPTER B. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES |
|
Sec. 12A.051. INFORMATION REGARDING COMPLAINTS AND |
|
ENFORCEMENT PROCESS. (a) The department shall: |
|
(1) inform applicants, license holders, and the public |
|
on the department's Internet website, in department brochures, and |
|
on any other available information resource about the department's |
|
enforcement process, including each step in the complaint |
|
investigation and resolution process, from initial filing through |
|
final appeal, and the opportunity to request an informal settlement |
|
conference; and |
|
(2) inform license holders that a license holder may |
|
obtain information about a complaint made against the license |
|
holder and may obtain on request a copy of the complaint file. |
|
(b) The department shall provide to a license holder against |
|
whom a complaint has been filed: |
|
(1) the allegations made against the license holder in |
|
the complaint; and |
|
(2) on the license holder's request, any information |
|
obtained by the department in its investigation of the complaint. |
|
(c) The department shall provide the information required |
|
under Subsection (b) in a timely manner to allow the license holder |
|
time to respond to the complaint. |
|
Sec. 12A.052. COMPLAINT AND VIOLATION ANALYSIS. The |
|
department shall analyze complaints filed with and violations |
|
discovered by the department to identify any trends or issues |
|
related to certain violations, including: |
|
(1) the reason for each complaint or violation; |
|
(2) how each complaint or violation was resolved; and |
|
(3) the subject matter of each complaint or violation |
|
that was not within the jurisdiction of the department and how the |
|
department responded to the complaint or violation. |
|
[Sections 12A.053-12A.100 reserved for expansion] |
|
SUBCHAPTER C. ISSUANCE AND RENEWAL OF LICENSES |
|
Sec. 12A.101. REPLACEMENT LICENSE; FEE. The department |
|
shall issue to a license holder whose license has been lost or |
|
destroyed or whose name has been changed a replacement license if |
|
the license holder submits to the department: |
|
(1) an appropriate application; and |
|
(2) a fee in an amount established by department rule. |
|
[Sections 12A.102-12A.150 reserved for expansion] |
|
SUBCHAPTER D. EXAMINATIONS |
|
Sec. 12A.151. EXAMINATION PROCEDURES. For each licensing |
|
examination administered by the department, the department shall: |
|
(1) adopt policies and guidelines detailing the |
|
procedures for the testing process, including test admission and |
|
internal test administration procedures; and |
|
(2) post on the department's Internet website the |
|
policies that reference the testing procedures. |
|
Sec. 12A.152. EVALUATION OF EXAMINATION QUESTIONS. For |
|
each licensing examination administered by the department, the |
|
department shall periodically evaluate the effectiveness of |
|
examination questions in objectively assessing an applicant's |
|
knowledge. |
|
[Sections 12A.153-12A.200 reserved for expansion] |
|
SUBCHAPTER E. PENALTIES AND ENFORCEMENT PROCEDURES |
|
Sec. 12A.201. INFORMAL PROCEEDINGS. (a) The department by |
|
rule shall adopt procedures governing: |
|
(1) informal disposition of a contested case under |
|
Section 2001.056, Government Code; and |
|
(2) an informal proceeding held in compliance with |
|
Section 2001.054, Government Code. |
|
(b) The department shall offer the opportunity to conduct an |
|
informal settlement conference by telephone. |
|
(c) The department shall: |
|
(1) provide a license holder sufficient opportunity to |
|
indicate whether the terms of a proposed order are acceptable to the |
|
license holder; |
|
(2) indicate in the notice of violation that the |
|
license holder has the opportunity described by Subdivision (1); |
|
and |
|
(3) allow a license holder who does not agree with a |
|
proposed order to request an informal settlement conference. |
|
SECTION 6.04. The heading to Section 76.113, Agriculture |
|
Code, is amended to read as follows: |
|
Sec. 76.113. TERM [EXPIRATION] AND RENEWAL OF LICENSES. |
|
SECTION 6.05. Sections 76.113(a) and (b), Agriculture Code, |
|
are amended to read as follows: |
|
(a) Each commercial applicator or noncommercial applicator |
|
license is valid for one year [expires on the first anniversary of
|
|
the date on which it was issued or renewed]. |
|
(b) Each private applicator license is valid for five years |
|
[expires on the fifth anniversary of the date on which it was issued
|
|
or renewed]. |
|
SECTION 6.06. Section 76.151, Agriculture Code, is amended |
|
by amending Subsection (a) and adding Subsection (a-1) to read as |
|
follows: |
|
(a) The [For the purpose of inspection, examination, or
|
|
sampling, the] department, at any time and without notice during |
|
regular business hours, may: |
|
(1) [is entitled to] enter and inspect a [at
|
|
reasonable hours any] building or place owned, controlled, or |
|
operated by a person engaged in any activity regulated under this |
|
chapter or Chapter 1951, Occupations Code; and |
|
(2) inspect and review any record maintained by a |
|
person engaged in any activity regulated under this chapter or |
|
Chapter 1951, Occupations Code [registrant or dealer if from
|
|
probable cause it appears that the building or place contains a
|
|
pesticide]. |
|
(a-1) The department may enter and inspect a building or |
|
place or inspect and review any record under Subsection (a) as |
|
necessary to: |
|
(1) ensure compliance with this chapter or Chapter |
|
1951, Occupations Code; or |
|
(2) investigate a complaint made to the department. |
|
SECTION 6.07. Section 76.1555(a), Agriculture Code, is |
|
amended to read as follows: |
|
(a) If a person violates a provision of this chapter or |
|
Chapter 1951, Occupations Code, or a rule or order adopted by the |
|
department under this chapter or Chapter 1951, Occupations Code, |
|
the department may assess an administrative penalty against the |
|
person as provided by Section 12.020, except that the penalty for |
|
each violation may [shall] not exceed $5,000 [$4,000 for all
|
|
violations related to a single incident]. Each day a violation |
|
continues or occurs may be considered a separate violation for |
|
purposes of penalty assessment. |
|
SECTION 6.08. Section 132.024, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 132.024. LICENSE TERM [EXPIRATION]. A license issued |
|
or renewed under this chapter is valid for one year [expires on the
|
|
first anniversary of the date of issuance or renewal]. |
|
SECTION 6.09. The changes in law made by this article to |
|
Sections 12.020(c) and 76.1555(a), Agriculture Code, apply only to |
|
a violation committed on or after the effective date of this Act. A |
|
violation committed before the effective date of this Act is |
|
governed by the law in effect on the date the violation occurred, |
|
and the former law is continued in effect for that purpose. |
|
ARTICLE 7. STRUCTURAL PEST CONTROL |
|
SECTION 7.01. Section 12.0201, Agriculture Code, is amended |
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to read as follows: |
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Sec. 12.0201. LICENSE SANCTIONS. (a) In addition to other |
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sanctions provided by law, the department may revoke, modify, |
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suspend, or refuse to issue or renew a license, assess an |
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administrative penalty, place on probation a person whose license |
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has been suspended, or reprimand a license holder if the department |
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finds that the practitioner: |
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(1) violated a provision of this code or Chapter 1951, |
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Occupations Code; |
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(2) violated a rule adopted by the department under |
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this code or Chapter 1951, Occupations Code; or |
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(3) after appropriate notice, failed to comply with an |
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order of the department. |
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(b) In addition to any other actions permitted under this |
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code or Chapter 1951, Occupations Code, if a license suspension is |
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probated, the department may require the practitioner: |
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(1) to maintain additional information in the |
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practitioner's records; |
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(2) to report regularly to the department on matters |
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that are the basis of the probation; |
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(3) to limit practice to the areas prescribed by the |
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department; or |
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(4) to continue or review professional education until |
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the practitioner attains a degree of skill satisfactory to the |
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department in those areas that are the basis of the probation. |
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SECTION 7.02. Subchapter A, Chapter 1951, Occupations Code, |
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is amended by adding Section 1951.007 to read as follows: |
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Sec. 1951.007. APPLICABILITY OF AGRICULTURE CODE LICENSING |
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PROVISIONS. A provision of the Agriculture Code that applies |
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generally to licensing or regulatory programs administered by the |
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department, including a provision that refers generally to |
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licensing or regulatory programs under the Agriculture Code, |
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applies to this chapter. |
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SECTION 7.03. Section 1951.207(a), Occupations Code, is |
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amended to read as follows: |
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(a) The department by rule shall adopt a policy that[:
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[(1)] requires a business holding a structural pest |
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control business license to be inspected by a field inspector at |
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least once: |
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(1) [(A)] in the business's first year of operation; |
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and |
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(2) [(B)] every four years after the first year of |
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operation[;
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[(2)
provides for additional inspections based on a
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schedule of risk-based inspections using the following criteria:
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[(A) the type and nature of the business;
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[(B)
whether there has been a prior violation by
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the business;
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[(C) the inspection history of the business;
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[(D)
any history of complaints involving the
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business;
and
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[(E)
any other factor determined by the
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department by rule; and
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[(3)
provides that the department may waive the
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inspection requirement on a case-by-case basis if an emergency
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arises or to accommodate complaint investigation schedules]. |
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SECTION 7.04. The following provisions of the Occupations |
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Code are repealed: |
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(1) Section 1951.310; |
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(2) Section 1951.311; |
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(3) Sections 1951.501(c) and (d); |
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(4) Subchapter L, Chapter 1951; |
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(5) Section 1951.604; and |
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(6) Section 1951.605. |
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SECTION 7.05. The changes in law made by this Act by the |
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repeal of Sections 1951.501(c) and (d), Occupations Code, apply |
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only to a violation of Chapter 1951, Occupations Code, committed on |
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or after the effective date of this Act. A violation committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the violation occurred, and the former law is |
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continued in effect for that purpose. A violation committed on or |
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after the effective date of this Act is governed by Section 12.0201, |
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Agriculture Code, as amended by this Act, and other applicable law. |
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SECTION 7.06. The change in law made by this Act by the |
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repeal of Section 1951.310, Occupations Code, applies only to the |
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renewal of a license under Chapter 1951, Occupations Code, that |
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expires on or after the effective date of this Act. The renewal of a |
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license that expires before the effective date of this Act is |
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governed by the law in effect on the date the license expired, and |
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the former law is continued in effect for that purpose. An |
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application submitted on or after the effective date of this Act is |
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governed by Section 12.024, Agriculture Code, and other applicable |
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law. |
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SECTION 7.07. The change in law made by this Act by the |
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repeal of Section 1951.311, Occupations Code, applies only to an |
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application for a replacement license issued under Chapter 1951, |
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Occupations Code, submitted on or after the effective date of this |
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Act. An application submitted before the effective date of this Act |
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is governed by the law in effect on the date the application was |
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submitted, and the former law is continued in effect for that |
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purpose. An application submitted on or after the effective date of |
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this Act is governed by Section 12A.101, Agriculture Code, as added |
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by this Act, and other applicable law. |
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SECTION 7.08. The change in law made by this Act by the |
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repeal of Subchapter L, Chapter 1951, Occupations Code, applies |
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only to a violation committed on or after the effective date of this |
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Act. A violation committed before that date is governed by the law |
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in effect on the date the violation occurred, and the former law is |
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continued in effect for that purpose. A violation committed on or |
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after the effective date of this Act is governed by Section 12.020, |
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Agriculture Code, as amended by this Act, and other applicable law. |
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ARTICLE 8. SUNSET DATE AND ACROSS-THE-BOARD RECOMMENDATIONS |
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SECTION 8.01. Section 11.003, Agriculture Code, is amended |
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to read as follows: |
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Sec. 11.003. SUNSET PROVISION. The Department of |
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Agriculture is subject to Chapter 325, Government Code (Texas |
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Sunset Act). Unless continued in existence as provided by that |
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chapter, the department is abolished September 1, 2021 [2009]. |
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SECTION 8.02. Section 12.0135, Agriculture Code, is amended |
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to read as follows: |
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Sec. 12.0135. CONFLICT PROVISIONS. (a) A person may not be |
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a department employee employed in a "bona fide executive, |
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administrative, or professional capacity," as that phrase is used |
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for purposes of establishing an exemption to the overtime |
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provisions of the federal Fair Labor Standards Act of 1938 (29 |
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U.S.C. Section 201 et seq.), if: |
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(1) the person is an officer, employee, or paid |
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consultant of a Texas trade association in the field of |
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agriculture; or |
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(2) the person's spouse is an officer, manager, or paid |
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consultant of a Texas trade association in the field of |
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agriculture. |
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(b) A person may not act as the general counsel to the |
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commissioner or the department if the person is required to |
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register as a lobbyist under Chapter 305, Government Code, because |
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of the person's activities for compensation on behalf of a |
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profession related to the operation of the department. |
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(c) In [(b)
An officer, employee, or paid consultant of a
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statewide Texas trade association or an affiliate of a national
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trade association in the field of agriculture may not be an employee
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of the department who is exempt from the state's position
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classification plan or is compensated at or above the amount
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prescribed by the General Appropriations Act for step 1, salary
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group 17, of the position classification salary schedule.
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[(c)
A person who is the spouse of an officer, manager, or
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paid consultant of a statewide Texas trade association or an
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affiliate of a national trade association in the field of
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agriculture may not be an employee of the department who is exempt
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from the state's position classification plan or is compensated at
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or above the amount prescribed by the General Appropriations Act
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for step 1, salary group 17, of the position classification salary
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schedule.
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[(d) For the purposes of] this section, "Texas [a] trade |
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association" means [is] a [nonprofit,] cooperative [,] and |
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voluntarily joined statewide association of business or |
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professional competitors in this state designed to assist its |
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members and its industry or profession in dealing with mutual |
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business or professional problems and in promoting their common |
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interest. |
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SECTION 8.03. Chapter 12, Agriculture Code, is amended by |
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adding Section 12.0203 to read as follows: |
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Sec. 12.0203. NEGOTIATED RULEMAKING AND ALTERNATIVE |
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DISPUTE RESOLUTION. (a) The commissioner shall develop and |
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implement a policy to encourage the use of: |
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(1) negotiated rulemaking procedures under Chapter |
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2008, Government Code, for the adoption of department rules; and |
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(2) appropriate alternative dispute resolution |
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procedures under Chapter 2009, Government Code, to assist in the |
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resolution of internal and external disputes under the department's |
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jurisdiction. |
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(b) The department's procedures relating to alternative |
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dispute resolution must conform, to the extent possible, to any |
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model guidelines issued by the State Office of Administrative |
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Hearings for the use of alternative dispute resolution by state |
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agencies. |
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(c) The commissioner shall designate a trained person to: |
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(1) coordinate the implementation of the policy |
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adopted under Subsection (a); |
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(2) serve as a resource for any training needed to |
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implement the procedures for negotiated rulemaking or alternative |
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dispute resolution; and |
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(3) collect data concerning the effectiveness of those |
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procedures, as implemented by the department. |
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SECTION 8.04. Chapter 12, Agriculture Code, is amended by |
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adding Section 12.047 to read as follows: |
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Sec. 12.047. USE OF TECHNOLOGY. The commissioner shall |
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implement a policy requiring the department to use appropriate |
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technological solutions to improve the department's ability to |
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perform its functions. The policy must ensure that the public is |
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able to interact with the department on the Internet. |
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ARTICLE 9. EFFECTIVE DATE |
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SECTION 9.01. This Act takes effect September 1, 2009. |