|
|
|
|
AN ACT
|
|
relating to the continuation and functions of the Department of |
|
Agriculture, the Prescribed Burning Board, and the Texas Boll |
|
Weevil Eradication Foundation and the abolishment of the Early |
|
Childhood Health and Nutrition Interagency Council. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 11.003, Agriculture Code, is amended to |
|
read as follows: |
|
Sec. 11.003. SUNSET PROVISION. The Department of |
|
Agriculture is subject to Chapter 325, Government Code (Texas |
|
Sunset Act). Unless continued in existence as provided by that |
|
chapter, the department is abolished September 1, 2033 [2021]. |
|
SECTION 2. Section 12.0175, Agriculture Code, is amended to |
|
read as follows: |
|
Sec. 12.0175. "GO-TEXAN" [GROWN OR PRODUCED IN TEXAS] |
|
PROGRAM. (a) The department by rule shall [may] establish the |
|
"GO-TEXAN" program [programs] to promote and encourage the |
|
development and expansion of markets for Texas [market] |
|
agricultural products and other products grown, processed, or |
|
produced in the state. |
|
(b) The department may charge a membership fee, as provided |
|
by department rule, for each participant in the "GO-TEXAN" [a] |
|
program. |
|
(c) The department shall [may] adopt rules necessary to |
|
administer the "GO-TEXAN" [a] program established under this |
|
section, including rules: |
|
(1) governing the use of any registered logo of the |
|
department; |
|
(2) providing membership eligibility requirements and |
|
grounds for denial of membership; |
|
(3) establishing membership categories or tiers; and |
|
(4) specifying membership benefits. |
|
(d) The department may revoke or cancel a certificate of |
|
registration or license issued under the "GO-TEXAN" [a] program |
|
established under this section if a participant fails to comply |
|
with a rule adopted by the department. |
|
(e) In this section, "Texas agricultural product" means an |
|
agricultural, apicultural, horticultural, silvicultural, |
|
viticultural, or vegetable product, either in its natural or |
|
processed state, that has been produced, processed, or otherwise |
|
had value added to the product in this state, including: |
|
(1) feed for use by livestock or poultry; |
|
(2) fish or other aquatic species; |
|
(3) livestock, a livestock product, or a livestock |
|
by-product; |
|
(4) planting seed; |
|
(5) poultry, a poultry product, or a poultry |
|
by-product; or |
|
(6) wildlife processed for food or by-products. |
|
SECTION 3. Chapter 12, Agriculture Code, is amended by |
|
adding Section 12.0204 to read as follows: |
|
Sec. 12.0204. ADVISORY COMMITTEES. (a) The department by |
|
rule may establish advisory committees to make recommendations to |
|
the department on programs, rules, and policies administered by the |
|
department. |
|
(b) In establishing an advisory committee under this |
|
section, the department shall adopt rules, including rules |
|
regarding: |
|
(1) the purpose, role, responsibility, goals, and |
|
duration of the committee; |
|
(2) the size of and quorum requirement for the |
|
committee; |
|
(3) qualifications for committee membership; |
|
(4) appointment procedures for members; |
|
(5) terms of service for members; |
|
(6) training requirements for members; |
|
(7) policies to avoid conflicts of interest by |
|
committee members; |
|
(8) a periodic review process to evaluate the |
|
continuing need for the committee; and |
|
(9) policies to ensure the committee does not violate |
|
any provisions of Chapter 551, Government Code, applicable to the |
|
department or the committee. |
|
SECTION 4. Chapter 12, Agriculture Code, is amended by |
|
adding Section 12.0205 to read as follows: |
|
Sec. 12.0205. COORDINATION OF CONSUMER PROTECTION |
|
ENFORCEMENT WITH OFFICE OF ATTORNEY GENERAL. (a) The department |
|
and the office of the attorney general shall enter into a memorandum |
|
of understanding to coordinate the enforcement of consumer |
|
protection programs. |
|
(b) The memorandum of understanding shall require the |
|
department to communicate with the consumer protection division of |
|
the office of the attorney general to identify and avoid potential |
|
duplication of effort before taking final disciplinary or |
|
enforcement action related to consumer protection. |
|
SECTION 5. The heading to Section 12.026, Agriculture Code, |
|
is amended to read as follows: |
|
Sec. 12.026. PUBLIC INTEREST INFORMATION[; COMPLAINTS]. |
|
SECTION 6. Chapter 12, Agriculture Code, is amended by |
|
adding Section 12.02601 to read as follows: |
|
Sec. 12.02601. COMPLAINTS. (a) The department shall |
|
maintain a system to promptly and efficiently act on complaints |
|
filed with the department. The department shall maintain |
|
information about parties to the complaint, the subject matter of |
|
the complaint, a summary of the results of the review or |
|
investigation of the complaint, and its disposition. |
|
(b) The department shall make information available |
|
describing its procedures for complaint investigation and |
|
resolution. |
|
(c) The department shall periodically notify the complaint |
|
parties of the status of the complaint until final disposition |
|
unless the notice would jeopardize an investigation. |
|
SECTION 7. Sections 12.042(a), (b), (c), (e), and (i), |
|
Agriculture Code, are amended to read as follows: |
|
(a) The department shall establish a home-delivered meal |
|
grant program to benefit homebound elderly persons and persons with |
|
disabilities [disabled people] in this state. The program must be |
|
designed to help defray the costs of providing home-delivered meals |
|
that are not fully funded by the Health and Human [Department of |
|
Aging and Disability] Services Commission or an area agency on |
|
aging. |
|
(b) From funds appropriated for that purpose, the |
|
department shall make grants to qualifying organizations that |
|
provide home-delivered meals to [the] homebound elderly persons and |
|
persons with disabilities [disabled]. The department may use not |
|
more than five percent of those appropriated funds for the |
|
administration of the grant program. |
|
(c) An organization applying to the department for a grant |
|
under this section must: |
|
(1) be a governmental agency or a nonprofit private |
|
organization that is exempt from taxation under Section 501(a), |
|
Internal Revenue Code of 1986, as an organization described by |
|
Section 501(c)(3) of that code, that is a direct provider of |
|
home-delivered meals to [the] elderly persons or persons with |
|
disabilities in this state; |
|
(2) if it is a nonprofit private organization, have a |
|
volunteer board of directors; |
|
(3) practice nondiscrimination; |
|
(4) have an accounting system or fiscal agent approved |
|
by the county in which it provides meals; |
|
(5) have a system to prevent the duplication of |
|
services to the organization's clients; and |
|
(6) agree to use funds received under this section |
|
only to supplement and extend existing services related directly to |
|
home-delivered meal services. |
|
(e) The department shall require an organization seeking a |
|
grant to file an application in a form approved by the department. |
|
The application must be [notarized and] signed or electronically |
|
acknowledged by the organization's executive director [and board |
|
chair, if applicable], be postmarked or electronically submitted |
|
not later than November 1, and must include: |
|
(1) the organization's name and address; |
|
(2) the names and titles of the organization's |
|
executive director and board chair, if applicable; |
|
(3) the name of the county in relation to which the |
|
organization is applying; |
|
(4) the number of residents at least 60 years of age |
|
who reside in that county, according to the most recent federal |
|
decennial census; |
|
(5) the amount of the grant awarded by that county as |
|
required by Subsection (d); |
|
(6) the number of meals the organization delivered to |
|
elderly persons or [disabled] persons with disabilities in that |
|
county during the preceding state fiscal year that were not fully |
|
funded [for] by the Health and Human [Department of Aging and |
|
Disability] Services Commission or an area agency on aging; |
|
(7) appropriate documentation demonstrating that the |
|
organization: |
|
(A) is a qualifying governmental agency or |
|
nonprofit private organization; |
|
(B) has been awarded a grant by the county in |
|
relation to which the organization is applying, as required by |
|
Subsection (d); and |
|
(C) has delivered the number of meals reported |
|
under Subdivision (6); |
|
(8) the organization's most recent financial statement |
|
or audited financial report; and |
|
(9) a list of the organization's board and officers. |
|
(i) Not later than February 1 of each year, the department |
|
shall make a grant to each qualifying organization that has |
|
submitted an approved application under this section. Subject to |
|
Subsections (d) and (h), the department shall make grants in an |
|
amount equal to one dollar for each meal that the organization |
|
delivered to homebound elderly persons or [disabled] persons with |
|
disabilities in the county in the preceding state fiscal year that |
|
was not fully funded [for] by the Health and Human [Department of |
|
Aging and Disability] Services Commission or an area agency on |
|
aging. If more than one qualifying organization delivers meals in a |
|
county, the department shall reduce the grants proportionally to |
|
each qualifying organization in that county so that the total |
|
amount of the grants to the organizations does not exceed the amount |
|
described by Subsection (h). |
|
SECTION 8. Chapter 12, Agriculture Code, is amended by |
|
adding Section 12.051 to read as follows: |
|
Sec. 12.051. FARMER MENTAL HEALTH AND SUICIDE PREVENTION |
|
PROGRAM. (a) The department shall establish a farmer mental health |
|
and suicide prevention program to raise awareness among farmers of |
|
issues relating to mental health and suicide prevention. |
|
(b) As part of the program, the department shall: |
|
(1) promote suicide prevention among farmers through a |
|
public awareness campaign; |
|
(2) provide a toll-free telephone hotline for farmer |
|
mental health assistance; |
|
(3) develop a mental wellness plan for farmers |
|
affected by a disaster; and |
|
(4) coordinate suicide prevention activities with |
|
other state agencies, including the Department of State Health |
|
Services. |
|
SECTION 9. Subchapter A, Chapter 12A, Agriculture Code, is |
|
amended by adding Sections 12A.004 and 12A.005 to read as follows: |
|
Sec. 12A.004. INSPECTION AND ENFORCEMENT STRATEGIC PLAN. |
|
(a) The department shall develop and publish an annual plan for |
|
each state fiscal year to use the inspection and enforcement |
|
resources of the department strategically to ensure public safety |
|
and protect agriculture and consumers in this state. |
|
(b) The department shall seek input from stakeholders when |
|
developing each annual plan. |
|
(c) The department shall collect and maintain information |
|
that accurately shows the department's inspection and enforcement |
|
activities. Each annual plan must include a report of the |
|
information collected by the department that shows the department's |
|
inspection and enforcement activities over time. |
|
(d) The information described by Subsection (c) must |
|
include data regarding violations of statutes or department rules, |
|
including: |
|
(1) the number, type, and severity of: |
|
(A) violations the department found to have |
|
occurred; |
|
(B) violations the department referred for |
|
enforcement to the section of the department responsible for |
|
enforcement; and |
|
(C) violations for which the department imposed a |
|
penalty or took other enforcement action; |
|
(2) the number of major violations for which the |
|
department imposed a penalty or took other enforcement action; and |
|
(3) the number of repeat major violations, categorized |
|
by license type, if applicable. |
|
(e) The department shall publish each annual plan on the |
|
department's Internet website not later than July 1 of the year |
|
preceding the state fiscal year in which the department implements |
|
the plan. |
|
Sec. 12A.005. CRIMINAL HISTORY EVALUATION. The department |
|
shall perform the duties of a licensing authority under Chapter 53, |
|
Occupations Code, for each license issued by the department under |
|
this code or other law, including issuing guidelines under Section |
|
53.025, Occupations Code. |
|
SECTION 10. Section 19.005, Agriculture Code, is reenacted |
|
and amended to read as follows: |
|
Sec. 19.005. ADVISORY COUNCIL. (a) The commissioner shall |
|
appoint the advisory council. The advisory council is composed of |
|
seven members, including: |
|
(1) one member representing the department; |
|
(2) one member representing The Texas A&M |
|
University-Kingsville Citrus Center at Weslaco; |
|
(3) two members representing the citrus nursery |
|
industry; |
|
(4) two members representing citrus growers; and |
|
(5) one member having specialized knowledge in citrus |
|
diseases and pests. |
|
(b) A member serves a two-year term and may be reappointed. |
|
(c) Members of the advisory council are not eligible for |
|
reimbursement of expenses arising from service on the advisory |
|
council. |
|
(d) Chapter 2110, Government Code, does not apply to the |
|
duration of the advisory council. |
|
SECTION 11. Section 41.154, Agriculture Code, is amended to |
|
read as follows: |
|
Sec. 41.154. ANNUAL REPORT. The council shall deliver to |
|
the commissioner [and the appropriate oversight committee in the |
|
senate and house of representatives] an annual report giving |
|
details of its efforts to carry out the purposes of this subchapter. |
|
SECTION 12. Section 45.005(c), Agriculture Code, is amended |
|
to read as follows: |
|
(c) The program 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]. |
|
SECTION 13. Section 46.005, Agriculture Code, is amended to |
|
read as follows: |
|
Sec. 46.005. DEPARTMENT POWERS AND DUTIES. The department |
|
shall administer the "Go Texan" Partner Program. The duties of the |
|
department in administering the program include: |
|
(1) developing procedures for acceptance and |
|
administration of funds received to administer the program, |
|
including appropriations, gifts, license plate revenue, and |
|
matching funds; |
|
(2) developing application and selection procedures |
|
including procedures for soliciting and accepting applications |
|
[and screening applications for review by the "Go Texan" Partner |
|
Program Advisory Board]; |
|
(3) developing a general promotional campaign for |
|
Texas agricultural products and advertising campaigns for specific |
|
Texas agricultural products based on project requests submitted by |
|
successful applicants; |
|
(4) developing advertising programs and promotional |
|
materials for use by program participants and establishing |
|
guidelines on advertising activities by participants; |
|
(5) contracting with media representatives for the |
|
purpose of dispersing promotional materials; and |
|
(6) receiving matching funds from program |
|
participants and donations or grants from any source, and |
|
establishing internal reporting requirements for use of funds. |
|
SECTION 14. Section 46.011, Agriculture Code, is amended to |
|
read as follows: |
|
Sec. 46.011. CRITERIA FOR ALLOCATION OF FUNDS. The |
|
department shall by rule [and with the advice of the board] |
|
establish criteria for allocation of funds to participant projects. |
|
Rules adopted under this section must include: |
|
(1) the factors to be considered in evaluating |
|
projects; and |
|
(2) a maximum funding amount for each project. |
|
SECTION 15. Section 47.052(b), Agriculture Code, is amended |
|
to read as follows: |
|
(b) The commissioner[, in consultation with the advisory |
|
committee established under Section 47.053,] shall adopt rules as |
|
necessary to implement the program. |
|
SECTION 16. Section 50B.0025, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 50B.0025. ANNUAL PLAN AND BUDGET. Not later than |
|
November 1 of each year, the commissioner shall prepare for the |
|
current fiscal year: |
|
(1) a [the] schedule and plan of action designed to |
|
implement and further the objectives of this chapter and Chapter |
|
110, Alcoholic Beverage Code; and |
|
(2) a budget and prioritized spending plan for |
|
expenditures of the wine industry development fund [described by |
|
Section 50B.002(g), considering the recommendations of the |
|
committee under that section and following them to the extent the |
|
commissioner considers appropriate]. |
|
SECTION 17. Sections 62.002(a) and (b), 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: |
|
(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 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; |
|
and |
|
(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]. |
|
(b) An individual appointed from a state university [or the |
|
department] serves on the board as an ex officio member. A member |
|
serves for a term of two years and until a successor has qualified. |
|
Members serve without compensation but are entitled to |
|
reimbursement by the state for actual expenses incurred in the |
|
performance of their duties. |
|
SECTION 18. Section 62.005(a), Agriculture Code, is amended |
|
to read as follows: |
|
(a) A person who wants to produce a certified class of seed |
|
or plant for which the board has established standards of genetic |
|
purity and identity may apply to the board for licensing as a |
|
Foundation, Registered, or Certified producer of seed or plants. |
|
To be licensed as a producer, a person must satisfy the board that: |
|
(1) [he or she is of good character and has a |
|
reputation for honesty; |
|
[(2)] his or her facilities meet board requirements |
|
for producing and maintaining seed or plants for the certification |
|
generations desired; and |
|
(2) [(3)] he or she has met any other board |
|
requirements as to knowledge of the production or maintenance of |
|
seed or plants for the certification generations for which he or she |
|
applies to be licensed. |
|
SECTION 19. Section 74.0031(d), Agriculture Code, is |
|
amended to read as follows: |
|
(d) The department shall set a cotton stalk destruction |
|
deadline for each pest management zone, with consideration given to |
|
the recommendations of the foundation [and the applicable |
|
administrative committee submitted under Subsection (b)]. |
|
SECTION 20. Sections 74.0032(b) and (c), Agriculture Code, |
|
are amended to read as follows: |
|
(b) If adverse weather conditions or other good cause |
|
exists, the Texas Boll Weevil Eradication Foundation |
|
[administrative committee that governs the applicable pest |
|
management zone] may request that the department grant an extension |
|
of the cotton stalk destruction deadline for any specified part of |
|
the pest management zone or for the entire pest management zone. A |
|
request under this subsection must be made within the period |
|
specified by department rule. A field is not subject to a hostable |
|
cotton fee if the department grants an extension of the deadline. |
|
The Texas Boll Weevil Eradication Foundation shall submit to the |
|
department an estimate of the amount by which an extension under |
|
this subsection will increase the cost of administering the boll |
|
weevil eradication program. |
|
(c) If the Texas Boll Weevil Eradication Foundation |
|
[applicable administrative committee] does not request an |
|
extension, or if the department denies a request for an extension of |
|
the cotton stalk destruction deadline for a specified part of a pest |
|
management zone, a cotton grower may apply for an individual |
|
extension of the deadline. A request under this subsection must be |
|
made within the period specified by department rule. |
|
SECTION 21. Section 74.004(a), Agriculture Code, is amended |
|
to read as follows: |
|
(a) The [On petition of the administrative committee of a |
|
pest management zone, the] department may establish regulated |
|
areas, dates, and appropriate methods of destruction of stalks, |
|
other parts, and products of host plants for cotton pests, |
|
including requirements for destruction of foliage, fruiting |
|
structures, and root systems of host plants after the harvest |
|
deadline. |
|
SECTION 22. Section 74.0041, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 74.0041. REGULATION OF PLANTING DATES. The [On |
|
petition of the administrative committee of a pest management zone, |
|
the] department may establish uniform planting dates for host |
|
plants. |
|
SECTION 23. Subchapter D, Chapter 74, Agriculture Code, is |
|
amended by adding Section 74.1091 to read as follows: |
|
Sec. 74.1091. SEPARATION OF RESPONSIBILITIES. The board |
|
shall develop and implement policies that clearly separate the |
|
policy-making responsibilities of the board and the management |
|
responsibilities of the chief executive officer and staff of the |
|
foundation. |
|
SECTION 24. Section 74.127(a), Agriculture Code, is amended |
|
to read as follows: |
|
(a) The board of directors of the official cotton growers' |
|
boll weevil eradication foundation is subject to Chapter 325, |
|
Government Code (Texas Sunset Act). Unless continued in existence |
|
as provided by that chapter, the board is abolished [and this |
|
subchapter expires] September 1, 2033 [2021]. |
|
SECTION 25. Subchapter D, Chapter 74, Agriculture Code, is |
|
amended by adding Section 74.132 to read as follows: |
|
Sec. 74.132. COMPLAINTS. (a) The foundation shall |
|
maintain a system to promptly and efficiently act on complaints |
|
filed with the foundation. The foundation shall maintain |
|
information about parties to the complaint, the subject matter of |
|
the complaint, a summary of the results of the review or |
|
investigation of the complaint, and its disposition. |
|
(b) The foundation shall make information available |
|
describing its procedures for complaint investigation and |
|
resolution. |
|
(c) The foundation shall periodically notify the complaint |
|
parties of the status of the complaint until final disposition |
|
unless the notice would jeopardize an investigation. |
|
SECTION 26. Section 122.201(a), Agriculture Code, is |
|
amended to read as follows: |
|
(a) A license holder shall harvest the plants from a plot |
|
not later than the 30th [20th] day after the date a preharvest |
|
sample is collected under Section 122.154 unless field conditions |
|
delay harvesting or the department authorizes the license holder to |
|
delay harvesting. This subsection does not prohibit the license |
|
holder from harvesting the plants immediately after the preharvest |
|
sample is collected. |
|
SECTION 27. The heading to Section 134.002, Agriculture |
|
Code, is amended to read as follows: |
|
Sec. 134.002. SUPPORT OF AQUACULTURE [PROGRAM]. |
|
SECTION 28. Section 134.004, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 134.004. CONTRACTS. The department, the Texas |
|
[Natural Resource Conservation] Commission on Environmental |
|
Quality, the Texas Animal Health Commission, and the Parks and |
|
Wildlife Department may contract with state, federal, or private |
|
entities for assistance in carrying out the purposes of this |
|
chapter. |
|
SECTION 29. The heading to Subchapter B, Chapter 134, |
|
Agriculture Code, is amended to read as follows: |
|
SUBCHAPTER B. AQUACULTURE REQUIREMENTS [LICENSE] |
|
SECTION 30. Section 134.013, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 134.013. ADDITIONAL REQUIREMENTS FOR SHRIMP |
|
PRODUCTION WITHIN THE COASTAL ZONE. (a) A commercial aquaculture |
|
facility located within the coastal zone and engaged in the |
|
production of shrimp must: |
|
(1) [must] obtain a site-specific wastewater |
|
discharge permit from the Texas [Natural Resource Conservation] |
|
Commission on Environmental Quality before the facility may |
|
discharge wastewater if the facility will discharge wastewater or |
|
another substance into waters in the state; |
|
(2) [must] provide the report described in Subsection |
|
(b) to the Texas Commission on Environmental Quality [and is |
|
subject to the review described in Section 134.031(c) if the |
|
aquaculture facility applies for a site-specific discharge |
|
permit]; |
|
(3) [must] obtain an amendment to its site-specific |
|
discharge permit from the Texas [Natural Resource Conservation] |
|
Commission on Environmental Quality before the facility may |
|
increase the amount of discharge or change the nature of the |
|
discharge above levels allowed by the wastewater discharge permit |
|
issued by the Texas [Natural Resource Conservation] Commission on |
|
Environmental Quality, except as otherwise provided by Section |
|
26.0191, Water Code; and |
|
(4) [must] provide the report described by Subsection |
|
(b) [and is subject to the review described in Section 134.031(c)] |
|
before the facility may increase the amount of discharge, or change |
|
the nature of the discharge above levels allowed by the wastewater |
|
discharge permit issued by the Texas [Natural Resource |
|
Conservation] Commission on Environmental Quality, except as |
|
otherwise provided by Section 26.0191, Water Code. |
|
(b) Before issuing a permit [license] to a new aquaculture |
|
facility designed for the commercial production of shrimp that will |
|
discharge wastewater into waters in the state within the coastal |
|
zone, the Texas Commission on Environmental Quality [department] |
|
shall require the applicant to provide a report describing the |
|
existing environmental conditions at the proposed site, including |
|
aquatic habitat and the conditions of the waters in the state into |
|
which a discharge is proposed. The report must provide an |
|
assessment of any potential impacts of wastewater discharges on |
|
sensitive aquatic habitats in the area of the proposed site, |
|
significant impacts related to the construction or operation of the |
|
facility, and any mitigation actions proposed by the applicant. |
|
(c) The applicant must provide the report required under |
|
Subsection (b) to the [Texas Natural Resource Conservation |
|
Commission and the] Parks and Wildlife Department. The Texas |
|
[Natural Resource Conservation] Commission on Environmental |
|
Quality may not issue a wastewater discharge permit to a new |
|
aquaculture facility designed for the commercial production of |
|
shrimp and located within the coastal zone without consideration of |
|
the report described by Subsection (b). |
|
(d) In coordination with [the department and] the Parks and |
|
Wildlife Department, the Texas [Natural Resource Conservation] |
|
Commission on Environmental Quality shall establish guidelines |
|
relating to the report required by Subsection (b) that: |
|
(1) give public notice as to what the reporting |
|
requirements include; and |
|
(2) minimize duplication of reporting requirements |
|
and other requirements related to the application for a wastewater |
|
discharge permit. |
|
SECTION 31. Section 134.016(a), Agriculture Code, is |
|
amended to read as follows: |
|
(a) The operator [holder] of a commercial [an] aquaculture |
|
facility [license] shall maintain a record of sales of cultured |
|
species for at least [a period of time of not less than] one year. |
|
The record is open for inspection by designated employees of the |
|
Parks and Wildlife Department [and the department] during normal |
|
business hours. |
|
SECTION 32. Section 134.017, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 134.017. CULTURE AND SALE OF CULTURED SPECIES. |
|
Cultured species of any kind, size, or number may be raised, |
|
possessed, transported, and sold anywhere, at any time, to any |
|
person, for any purpose by the operator [holder] of a commercial |
|
[an] aquaculture facility [license] unless prohibited by the Parks |
|
and Wildlife Code or regulation. |
|
SECTION 33. Section 134.018, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 134.018. [LICENSE NOT REQUIRED FOR] SALE OF CERTAIN |
|
FISH. (a) This section applies to [An aquaculture license is not |
|
required for] the sale of fish: |
|
(1) that are not on the Parks and Wildlife Department's |
|
list of exotic fish, shellfish, and aquatic plants; |
|
(2) collected from a private facility on private land |
|
by a person who operates a commercial [holds an] aquaculture |
|
facility [license]; |
|
(3) by the owner of the private facility from which the |
|
fish were collected; |
|
(4) to manage the fish population in the private |
|
facility; and |
|
(5) to a person who operates a commercial [holds an] |
|
aquaculture facility [license]. |
|
(b) Not later than the 30th day after the sale of fish under |
|
this section, a [the] buyer who operates a commercial [holds an] |
|
aquaculture facility [license] shall submit a copy of the invoice |
|
for the sale to the Parks and Wildlife Department. The seller and |
|
the buyer shall maintain a record of the sale for not less than one |
|
year. The record must contain at least: |
|
(1) the invoice number; |
|
(2) the date of the sale; |
|
(3) the name and address of the seller; |
|
(4) the physical location of the facility from which |
|
the fish were collected; |
|
(5) the buyer's name and[,] address[,] and the name and |
|
address of the buyer's commercial aquaculture facility [license |
|
number of the buyer]; and |
|
(6) the number of fish sold. |
|
(c) Sections 66.020 and 66.111, Parks and Wildlife Code, do |
|
not apply to a sale under this section. |
|
SECTION 34. Section 134.023(b), Agriculture Code, is |
|
amended to read as follows: |
|
(b) A person who violates Section [134.019 or] 134.020 |
|
commits an offense that is a Class B misdemeanor. |
|
SECTION 35. Sections 134.031(a), (b), (c), (d), (e), (f), |
|
and (g), Agriculture Code, are amended to read as follows: |
|
(a) The [department, the] Texas [Natural Resource |
|
Conservation] Commission on Environmental Quality[,] and the Parks |
|
and Wildlife Department shall enter into a memorandum of |
|
understanding for the regulation of matters related to aquaculture. |
|
(b) The Texas [Natural Resource Conservation] Commission on |
|
Environmental Quality, after receiving an application for a |
|
wastewater discharge authorization from an aquaculture facility, |
|
shall provide a copy of the application to the [department and the] |
|
Parks and Wildlife Department. |
|
(c) The [department, the] Texas [Natural Resource |
|
Conservation] Commission on Environmental Quality[,] and the Parks |
|
and Wildlife Department shall [each appoint one member of a |
|
three-member application review committee to review the wastewater |
|
discharge authorization application to] ensure that the proposed |
|
discharge will not adversely affect a bay, an estuary, or other |
|
waters in the state. |
|
(d) The Parks and Wildlife Department, in consultation with |
|
the Texas [Natural Resource Conservation] Commission on |
|
Environmental Quality, may establish general guidelines that |
|
identify sensitive aquatic habitat within the coastal zone. The |
|
general guidelines must include factors such as the presence of sea |
|
grass beds, depth of receiving waters, and amount of tidal |
|
exchange. |
|
(e) If the Parks and Wildlife Department establishes the |
|
guidelines described in Subsection (d), the Parks and Wildlife |
|
Department must provide the guidelines to the Texas [Natural |
|
Resource Conservation] Commission on Environmental Quality [and |
|
the department]. |
|
(f) If the Parks and Wildlife Department has established the |
|
guidelines described in Subsection (d), the Texas [Natural Resource |
|
Conservation] Commission on Environmental Quality must consider |
|
the guidelines when reviewing wastewater discharge authorization |
|
applications for new aquaculture facilities located within the |
|
coastal zone, or expansion of existing facilities located within |
|
the coastal zone if the expansion will increase the amount of |
|
discharge, or change the nature of the discharge, above levels |
|
allowed by the wastewater discharge permit. |
|
(g) In developing the guidelines under Subsection (d) |
|
applicable to aquaculture facilities engaged in the production of |
|
shrimp in the coastal zone, the Parks and Wildlife Department, in |
|
consultation with the Texas [Natural Resource Conservation] |
|
Commission on Environmental Quality, shall consider the best |
|
management practices that the facilities developed under the |
|
direction of the Texas [Natural Resource Conservation] Commission |
|
on Environmental Quality. |
|
SECTION 36. 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,] |
|
shall adopt rules as necessary to implement the program. |
|
SECTION 37. Section 153.046, Natural Resources Code, is |
|
amended to read as follows: |
|
Sec. 153.046. DUTIES. The board by rule shall establish: |
|
(1) [establish] standards for prescribed burning; |
|
(2) [develop] a comprehensive training curriculum for |
|
certified and insured prescribed burn managers; |
|
(3) [establish] standards for certification, |
|
recertification, and training for certified and insured prescribed |
|
burn managers; |
|
(4) [establish] minimum education and professional |
|
requirements for instructors for the approved curriculum; and |
|
(5) [establish] insurance requirements for certified |
|
and insured prescribed burn managers in amounts not less than those |
|
required by Section 153.082. |
|
SECTION 38. Section 153.048, Natural Resources Code, is |
|
amended by adding Subsection (f) to read as follows: |
|
(f) The board may waive any prerequisite to obtaining |
|
certification for an applicant after reviewing the applicant's |
|
credentials and determining that the applicant holds a valid |
|
certification from another state that has certification |
|
requirements substantially equivalent to those of this state. |
|
SECTION 39. Subchapter B, Chapter 153, Natural Resources |
|
Code, is amended by adding Section 153.049 to read as follows: |
|
Sec. 153.049. CRIMINAL HISTORY EVALUATION. The board shall |
|
perform the duties of a licensing authority under Chapter 53, |
|
Occupations Code, for each certification issued by the board under |
|
this chapter or other law, including issuing guidelines under |
|
Section 53.025, Occupations Code. |
|
SECTION 40. Section 153.101, Natural Resources Code, is |
|
amended to read as follows: |
|
Sec. 153.101. COMPLAINTS. The department shall receive and |
|
process complaints concerning certified and insured prescribed |
|
burn managers in the manner described by Sections [Section] 12.026 |
|
and 12.02601, Agriculture Code, and rules adopted under those |
|
sections [that section]. |
|
SECTION 41. Section 153.102(b), Natural Resources Code, is |
|
amended to read as follows: |
|
(b) The board [department] by rule shall adopt a schedule of |
|
the disciplinary sanctions that the department shall [may] impose |
|
under this chapter. In adopting the schedule of sanctions, the |
|
board [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. |
|
SECTION 42. Section 43.551, Parks and Wildlife Code, is |
|
amended to read as follows: |
|
Sec. 43.551. PERMIT FOR THE TAKING OF BROOD STOCK BY |
|
COMMERCIAL AQUACULTURE FACILITIES [FISH FARMERS]. The department |
|
may issue a permit to an operator of a commercial aquaculture |
|
facility as defined by Section 134.001, Agriculture Code, [a |
|
licensed fish farmer] that authorizes the operator [fish farmer] to |
|
take a specified quantity of fish brood stock from specified public |
|
water. |
|
SECTION 43. Section 43.553(a), Parks and Wildlife Code, is |
|
amended to read as follows: |
|
(a) A [The] permit under this subchapter may allow the |
|
operator of a commercial aquaculture facility [fish farmer] to take |
|
a specified quantity of fish brood stock reasonably necessary for |
|
the operation of the aquaculture facility [fish farm] but limited |
|
to the extent necessary to protect the availability of fish in |
|
public water. |
|
SECTION 44. Section 43.554, Parks and Wildlife Code, is |
|
amended to read as follows: |
|
Sec. 43.554. FEES. The commission shall charge the |
|
operator of a commercial aquaculture facility [a fish farmer] a fee |
|
equal to the value of the fish authorized to be taken under this |
|
subchapter. |
|
SECTION 45. Section 47.009(c), Parks and Wildlife Code, is |
|
amended to read as follows: |
|
(c) An operator of [A person who has an aquaculture license |
|
for] a Texas commercial aquaculture facility as defined by [under] |
|
Section 134.001 [134.011], Agriculture Code, is not required to |
|
obtain or possess a wholesale fish dealer's license if the |
|
operator's [person's] business activities with regard to the sale |
|
of aquatic products involve aquatic products raised on the |
|
operator's commercial [person's] aquaculture facility only. |
|
SECTION 46. Section 47.0091, Parks and Wildlife Code, is |
|
amended to read as follows: |
|
Sec. 47.0091. PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE |
|
FISH DEALERS. No wholesale fish dealer may purchase for resale or |
|
receive for sale, barter, exchange, or any other commercial purpose |
|
any aquatic product from any person or entity in this state unless |
|
the dealer [he] purchases the product from the operator of a |
|
commercial aquaculture facility as defined by Section 134.001, |
|
Agriculture Code, or the holder of: |
|
(1) a general commercial fisherman's license; |
|
(2) a commercial oyster fisherman's license; |
|
(3) a commercial oyster boat license; |
|
(4) a wholesale fish dealer's license; |
|
(5) [a fish farmer's license; |
|
[(6)] a commercial shrimp boat license; |
|
(6) [(7)] a commercial oyster boat captain's license; |
|
(7) [(8)] a commercial shrimp boat captain's license; |
|
(8) [(9)] a commercial crab fisherman's license; |
|
(9) [(10)] a commercial finfish fisherman's license; |
|
(10) [(11)] a commercial gulf shrimp unloading |
|
license; or |
|
(11) [(12)] a cultivated oyster mariculture permit. |
|
SECTION 47. Section 47.010(b), Parks and Wildlife Code, is |
|
amended to read as follows: |
|
(b) A resident who operates a [holds a fish farm] vehicle |
|
used to transport cultured species from a private facility, as |
|
those terms are defined by [license under] Section 134.001 |
|
[134.012], Agriculture Code, and sells cultured species from the |
|
vehicle is not required to obtain a license for the vehicle under |
|
this section if the vehicle is used with regard to the sale or |
|
transportation of only aquatic products raised on a [licensed] |
|
Texas commercial aquaculture facility belonging to the operator |
|
[owner] of the vehicle. |
|
SECTION 48. Section 47.011(c), Parks and Wildlife Code, is |
|
amended to read as follows: |
|
(c) An operator of [A person with an aquaculture license |
|
for] a Texas commercial aquaculture facility as defined by [under] |
|
Section 134.001 [134.011], Agriculture Code, is not required to |
|
obtain or possess a retail fish dealer's license if the operator's |
|
[person's] business activities with regard to the sale of aquatic |
|
products involve aquatic products raised on the operator's |
|
commercial [person's] aquaculture facility only. |
|
SECTION 49. Section 47.0111, Parks and Wildlife Code, is |
|
amended to read as follows: |
|
Sec. 47.0111. PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH |
|
DEALERS. No retail fish dealer may purchase for resale or receive |
|
for sale, barter, exchange, or any other commercial purposes any |
|
aquatic products from any person or entity in this state unless the |
|
dealer [he] purchases the product from the operator of a commercial |
|
aquaculture facility as defined by Section 134.001, Agriculture |
|
Code, or the holder of: |
|
(1) a wholesale fish dealer's license; or |
|
(2) a general commercial fisherman's license, a |
|
commercial shrimp boat license, a commercial shrimp boat captain's |
|
license, a commercial gulf shrimp unloading license, a commercial |
|
crab fisherman's license, or a commercial finfish fisherman's |
|
license when the retail fish dealer has given written notification |
|
to the director or the director's [his] designee of the dealer's |
|
intent to purchase aquatic products from the holder of a general |
|
commercial fisherman's license, a commercial shrimp boat license, a |
|
commercial shrimp boat captain's license, a commercial crab |
|
fisherman's license, or a commercial finfish fisherman's license[; |
|
or |
|
[(3) a fish farmer's license]. |
|
SECTION 50. Section 47.012, Parks and Wildlife Code, is |
|
amended to read as follows: |
|
Sec. 47.012. PURCHASE OF AQUATIC PRODUCTS BY RESTAURANT |
|
OWNER, OPERATOR, OR EMPLOYEE. No restaurant owner, operator, or |
|
employee may purchase for consumption by the restaurant's patrons |
|
on the restaurant's premises any aquatic product from any person or |
|
entity in this state unless the person purchases the aquatic |
|
product from the operator of a commercial aquaculture facility as |
|
defined by Section 134.001, Agriculture Code, or the holder of: |
|
(1) a wholesale fish dealer's license; |
|
(2) a general commercial fisherman's license; |
|
(3) [a fish farmer's license; |
|
[(4)] a commercial shrimp boat license; |
|
(4) [(5)] a commercial shrimp boat captain's license; |
|
(5) [(6)] a commercial crab fisherman's license; |
|
(6) [(7)] a commercial finfish fisherman's license; or |
|
(7) [(8)] a commercial gulf shrimp unloading license. |
|
SECTION 51. Section 47.013(c), Parks and Wildlife Code, is |
|
amended to read as follows: |
|
(c) A resident who operates [owns] a vehicle used to |
|
transport cultured species from a private facility, as those terms |
|
are defined by [licensed under] Section 134.001 [134.012], |
|
Agriculture Code, and sells cultured species from the vehicle is |
|
not required to obtain a license for the vehicle under this section |
|
when the vehicle is used with regard to the sale or transportation |
|
of only aquatic products raised on a [licensed] Texas commercial |
|
aquaculture facility belonging to the operator [owner] of the |
|
vehicle. |
|
SECTION 52. Section 47.014(c), Parks and Wildlife Code, is |
|
amended to read as follows: |
|
(c) An operator of [A person who has an aquaculture license |
|
for] a Texas commercial aquaculture facility as defined by [under] |
|
Section 134.001 [134.011], Agriculture Code, is not required to |
|
obtain or possess a bait dealer's license if the operator's |
|
[person's] business activities with regard to the sale of aquatic |
|
products for bait involve only aquatic products raised on the |
|
operator's commercial [person's] aquaculture facility. |
|
SECTION 53. Sections 66.007(d) and (f), Parks and Wildlife |
|
Code, are amended to read as follows: |
|
(d) An operator of a commercial aquaculture facility as |
|
defined by Section 134.001, Agriculture Code, [A fish farmer] may |
|
import, possess, or sell harmful or potentially harmful exotic fish |
|
species as provided by Section 134.020, Agriculture Code. |
|
(f) An operator of a commercial aquaculture facility as |
|
defined by Section 134.001, Agriculture Code, [A fish farmer] may |
|
not import, possess, propagate, or transport exotic shellfish |
|
unless the operator [fish farmer] furnishes evidence required by |
|
the department showing that the shellfish are free of disease. |
|
SECTION 54. Section 66.020(b), Parks and Wildlife Code, is |
|
amended to read as follows: |
|
(b) This section applies to the possession, transportation, |
|
sale, or purchase of any fish described by Subsection (a) [of this |
|
section] without regard to where the fish was taken, caught, or |
|
raised, but does not apply to: |
|
(1) the transportation or possession of fish taken, |
|
caught, or raised outside this state and transported by common |
|
carrier without being unloaded from outside this state to a point of |
|
delivery outside this state; |
|
(2) fish raised by being continuously fed a prepared |
|
feed and sold by an operator of a Texas commercial aquaculture |
|
facility, [licensed Texas fish farmer if marked and identified] as |
|
defined by Section 134.001 [required under Chapter 134], |
|
Agriculture Code; or |
|
(3) the lawful importation by the holder of a Texas |
|
finfish import license into this state from another state or |
|
foreign country of farm-raised red drum, bass of the genus |
|
Micropterus, crappie, flathead catfish, striped bass, white bass, |
|
or a hybrid of any of those fish that have been continuously fed a |
|
prepared feed as a primary food source or lawfully taken, caught, or |
|
raised blue marlin, jewfish, longbill spearfish, muskellunge, |
|
northern pike, sailfish, sauger, snook, spotted sea trout, tarpon, |
|
walleye, white marlin, yellow bass, or a hybrid of any of those |
|
fish, if the fish are transported or sold when not alive and are |
|
tagged, invoiced, packaged, and labeled under regulations of the |
|
commission and if the license holder complies with any requirements |
|
the commission may establish by proclamation that the fish enter |
|
the stream of commerce for sale in this state in a condition |
|
allowing ready identification of the species, including a |
|
requirement that the fish come into the state with the head and tail |
|
intact and tagged and a requirement that an invoice accompany all |
|
imported fish regulated by this section through each sales |
|
transaction, including transactions at the place of the final sale |
|
to the consumer. |
|
SECTION 55. Section 66.111(b), Parks and Wildlife Code, is |
|
amended to read as follows: |
|
(b) Subsection (a) [of this section] does not apply to: |
|
(1) a fish, other than a bass of the genus Micropterus, |
|
reared in private water by an operator of a commercial aquaculture |
|
facility, as defined by Section 134.001, Agriculture Code [under a |
|
fish farmer's license]; |
|
(2) a fish possessed legally outside this state and |
|
transported into this state; |
|
(3) bass of the genus Micropterus reared in private |
|
water by an operator of a commercial aquaculture facility, as |
|
defined by Section 134.001, Agriculture Code, [under a fish |
|
farmer's license] and marketed for the purpose of stocking the |
|
water of this state; |
|
(4) nongame fish regulated under Chapter 67 of this |
|
code; or |
|
(5) channel catfish of more than 14 inches in length or |
|
blue catfish of more than 14 inches in length taken from the public |
|
fresh water of Angelina, Bowie, Camp, Cass, Chambers, Franklin, |
|
Freestone, Gregg, Hardin, Harris, Harrison, Jasper, Jefferson, |
|
Lamar, Leon, Liberty, Madison, Marion, Montgomery, Morris, |
|
Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Red River, |
|
Sabine, San Augustine, San Jacinto, Shelby, Titus, Trinity, Tyler, |
|
Upshur, or Walker County, the public fresh water of the Neches or |
|
Trinity River in Houston County, the public fresh water of the |
|
Colorado River in Bastrop, Colorado, Fayette, Matagorda, or Wharton |
|
County, or the public fresh water of Falcon Lake in Starr or Zapata |
|
County. |
|
SECTION 56. The following provisions are repealed: |
|
(1) Section 12.0178, Agriculture Code; |
|
(2) Sections 12.026(c) and (d), Agriculture Code; |
|
(3) Sections 15.006, 45.009, and 46.010, Agriculture |
|
Code; |
|
(4) Section 47.051(1), Agriculture Code; |
|
(5) Sections 47.053, 49.006, and 50B.002, Agriculture |
|
Code; |
|
(6) Sections 74.003(d), 74.0031(a), 74.120(d), and |
|
102.167(e), Agriculture Code; |
|
(7) Section 134.003, Agriculture Code; |
|
(8) Section 134.005(b), Agriculture Code; |
|
(9) Sections 134.006, 134.011, 134.012, 134.014, |
|
134.015, and 134.019, Agriculture Code; |
|
(10) Chapter 42, Agriculture Code; |
|
(11) Subchapter P, Chapter 487, Government Code; |
|
(12) Subchapter R, Chapter 487, Government Code; and |
|
(13) Chapter 116, Health and Safety Code. |
|
SECTION 57. (a) On the effective date of this Act, a |
|
license issued under former Section 134.011 or 134.012, Agriculture |
|
Code, expires. |
|
(b) As soon as practicable after the effective date of this |
|
Act, the Department of Agriculture shall repeal all rules relating |
|
to a license issued under former Section 134.011 or 134.012, |
|
Agriculture Code. |
|
(c) The repeal by this Act of Sections 134.011 and 134.012, |
|
Agriculture Code, does not affect the validity of a proceeding |
|
pending before a court or other governmental entity on the |
|
effective date of this Act. |
|
SECTION 58. Not later than December 31, 2022, the Texas |
|
Department of Agriculture, in consultation with the standing Sunset |
|
Advisory Commission, shall study and report its findings on the |
|
purpose and objectives of the GO TEXAN program, and prepare a report |
|
with any findings and recommendations to improve efficiency, |
|
fairness, accountability, effectiveness, stakeholder engagement, |
|
and public information as outlined by the Sunset Staff Report with |
|
Commission Decisions, as reported to the 87th Legislature. This |
|
report shall make recommendations to the program's processes, |
|
eliminate inefficiencies, including any necessary statutory or |
|
legislative changes specific to the oversight and regulation of the |
|
GO TEXAN program. In conducting the study, the department, in |
|
partnership with the Sunset Commission, may consult with any |
|
interested organizations, associations, and stakeholders. The |
|
department shall submit the report to each standing Sunset |
|
Commission member, including the Sunset Advisory Commission, |
|
Speaker of the House, Lieutenant Governor, and the Office of the |
|
Governor. |
|
SECTION 59. Not later than January 1, 2022, the |
|
commissioner of agriculture shall appoint the members of the citrus |
|
budwood advisory council under Section 19.005, Agriculture Code, as |
|
reenacted and amended by this Act. The advisory council is |
|
re-created on the date the commissioner of agriculture makes the |
|
appointments required by this section, notwithstanding any |
|
previous abolishment under Section 2110.008, Government Code. |
|
SECTION 60. The changes in law made by this Act apply only |
|
to an offense committed on or after the effective date of this Act. |
|
An offense committed before the effective date of this Act is |
|
governed by the law in effect when the offense was committed, and |
|
the former law is continued in effect for that purpose. For |
|
purposes of this section, an offense was committed before the |
|
effective date of this Act if any element of the offense occurred |
|
before that date. |
|
SECTION 61. This Act takes effect September 1, 2021. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 703 passed the Senate on |
|
April 19, 2021, by the following vote: Yeas 31, Nays 0; and that |
|
the Senate concurred in House amendments on May 29, 2021, by the |
|
following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 703 passed the House, with |
|
amendments, on May 23, 2021, by the following vote: Yeas 144, |
|
Nays 1, one present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |