HBA-CBW S.B. 938 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 938
By: Armbrister
Agriculture & Livestock
3/29/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, there are some provisions of law relating to the Department of
Agriculture (department) that are outdated and inconsistent with current
practice. Among these, are provisions regarding the department's organic,
seed, and weights and measures regulatory programs, general authority, and
the octane testing program.  Senate Bill 938 amends law and repeals
unnecessary language to make 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, Article 8614, V.T.C.S.) of this bill.  

ANALYSIS

Senate Bill 938 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).  The bill
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).   

S.B. 938 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
codes 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). 

The bill- 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). 

S.B. 938 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.