HBA-BSM C.S.H.B. 2000 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2000
By: Cook
Agriculture & Livestock
3/14/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

C.S.H.B. 2000 clarifies language in provisions relating to the commissioner
of agriculture and the Texas Department of Agriculture's general authority
in the organic, seeds, and weights and measures regulatory programs.
C.S.H.B. 2000 also amends and repeals  unnecessary language and makes the
law consistent with current practices. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of agriculture in
SECTION 13 (SECTION. 9, Art. 8614, V.T.C.S.) of this bill.  

ANALYSIS

C.S.H.B. 2000 amends the Agriculture Code, the Health and Safety Code, and
Vernon's Texas Civil Statutes to update the law and conform it to current
practices.  The bill amends the Agriculture Code to authorize the
Department of Agriculture (department) to enter into cooperative agreements
with private, local, state, federal, and foreign governmental entities
(Sec. 12.0011).  The bill deletes provisions regarding the requirement that
the department collect agricultural statistics (Sec. 12.011).  C.S.H.B.
2000 authorizes the department to refuse to issue or renew a license if the
department finds that the practitioner: violated a provision; violated a
rule adopted by the department; or after appropriate notice, failed to
comply with an order of the department.  In addition to other actions, if a
license suspension is probated, the department is authorized to require the
practitioner to maintain additional information in the practitioner's
records (Sec. 12.0201). 
    
The bill requires the department to collect a phytosanitation inspection
fee for processed products or equipment exported from this state, and
authorizes the department to issue a phytosanitary certificate on
completion of the inspection (Sec. 12.021).  The bill sets forth provisions
prohibiting a person from labeling, marketing, advertising, or otherwise
representing an item as organic until certain requirements have been met
(Sec. 18.010).   

C.S.H.B. 2000 amends law to transfer provisions of authority from the
comptroller to the commissioner of agriculture for the purpose of
regulating the sale of motor fuels containing ethanol and methanol.  The
bill authorizes the commissioner of agriculture by rule to impose a fee for
testing, inspection, or the performance of other services and to prescribe
the form for reporting and remitting the fees (Sec. 9, Art. 8614,
V.T.C.S.). 

The bill removes provisions from the Agriculture Code and Health and Safety
Code relating  to irrigation statistics, protection of foundation,
registered, and certified cotton varieties, importation of camellias,
penalties, and the duties of the commissioner of agriculture (Secs. 12.012,
62.007, 71.052, and 71.058, Agriculture Code, and 825.023, Health and
Safety Code). 

The bill amends the Agriculture Code to provide that each commodity
producers board is a state agency for purposes of indemnification, a
governmental unit for purposes of governmental liability for tort claims,
and a governmental body for purposes of open government (Sec. 41.052). 

The bill provides that the Texas-Israel Exchange Fund Board shall meet at
least annually, rather than at least twice annually (Sec. 45.006). 

The bill deletes a provision which requires the department to employ
inspectors who are nominated by the State Seed and Plant Board and
transfers the requirement to prescribe the label format for certified seeds
and plants from the State Seed and Plant Board to the department (Sec.
62.008). 

C.S.H.B. 2000 provides that for the purpose of inspection of nursery
products and florist items, nursery grower means a person who grows more
than 50 percent of the florist items as well as nursery products that the
person either sells or leases (Sec. 71.041). 

C.S.H.B. 2000 removes from law a provision which requires the commissioner
of agriculture to supply signs regarding ethanol and methanol content of
motor fuel to motor fuel dealers (Sec. 4, Art. 8614, V.T.C.S.).  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original by stating that a fee imposed by
the comptroller before the effective date of this Act and in effect on the
day before that effective date continues in effect as a fee imposed by the
commissioner of agriculture after the effective date of this Act.  The
substitute restores repealed Sec. 71.058 and clarifies that only the
provision that makes it a separate offense for each camellia plant or
flower imported is repealed.