Texas 2009 81st Regular

Texas Senate Bill SB1016 Engrossed / Bill

Filed 02/01/2025

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                    By: Estes, Hegar S.B. No. 1016


 A BILL TO BE ENTITLED
 AN ACT
 relating to the continuation and functions of the Department of
 Agriculture and the Prescribed Burning Board and the abolition of
 the Texas-Israel Exchange Fund Board; providing penalties.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 ARTICLE 1. TEXAS AGRICULTURAL FINANCE AUTHORITY
 SECTION 1.01. Subdivisions (1) and (2), Section 44.001,
 Agriculture Code, are amended to read as follows:
 (1) "Eligible lending institution" means a financial
 institution that makes commercial loans, is either a depository of
 state funds or an institution of the Farm Credit System
 headquartered in this state, and agrees to participate in the
 interest rate reduction [linked deposit] program and to provide
 collateral equal to the amount of linked deposits placed with it.
 (2) "Eligible borrower" means a person who proposes to
 use the proceeds of a loan under this chapter in a manner that will
 help accomplish the state's goal of fostering the creation and
 expansion of enterprises based on agriculture in this state [is in
 the business or entering the business of:
 [(A)     processing and marketing agricultural crops
 in this state;
 [(B)     producing alternative agricultural crops in
 this state;
 [(C)     producing agricultural crops in this state
 the production of which has declined because of natural disasters;
 [(D)     producing agricultural crops in this state
 using water conservation equipment for agricultural production
 purposes; or
 [(E)     providing nonagricultural goods or services
 that provide an economic benefit to a municipality or county in a
 rural area].
 SECTION 1.02. The heading to Section 44.007, Agriculture
 Code, is amended to read as follows:
 Sec. 44.007. INTEREST RATE REDUCTION [LINKED DEPOSIT]
 PROGRAM.
 SECTION 1.03. Subsections (a), (c), (d), (k), and (l),
 Section 44.007, Agriculture Code, are amended to read as follows:
 (a) The board shall establish an interest rate reduction [a
 linked deposit] program to foster the creation and expansion of
 enterprises based on agriculture in this state[:
 [(1)     encourage commercial lending for the enhanced
 production, processing, and marketing of certain agricultural
 crops;
 [(2)     encourage the development or expansion of
 businesses in rural areas of this state; and
 [(3)     finance water conservation projects or equipment
 for agricultural production purposes].
 (c) The board shall promulgate rules for the loan portion of
 the interest rate reduction [linked deposit] program. [The rules
 must include:
 [(1)     a list of the categories of crops customarily
 grown in Texas, with consideration given to the Texas Agricultural
 Statistics Service information available and relevant to this
 determination;
 [(2)     a list of crops that are alternative agricultural
 crops, with consideration given to the Texas Agricultural
 Statistics Service information available and relevant to this
 determination;
 [(3)     identification of criteria for a project eligible
 for natural disaster assistance; and
 [(4)     identification of projects and types of equipment
 considered as water conservation projects or equipment for
 agricultural production purposes.]
 (d) In order to participate in the interest rate reduction
 [linked deposit] program, an eligible lending institution may
 solicit loan applications from eligible borrowers.
 (k) The board may adopt rules that create a procedure for
 determining priorities for loans granted under this chapter. Each
 rule adopted must state the policy objective of the rule. [The
 policy objectives of the rules may include preferences to:
 [(1)     achieve adequate geographic distribution of
 loans;
 [(2) assist certain industries;
 [(3)     encourage certain practices including water
 conservation; and
 [(4)     encourage value-added processing of agricultural
 products.]
 (l) A lending institution is not ineligible to participate
 in the interest rate reduction [linked deposit] 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.
 SECTION 1.04. Subsections (a) and (b), Section 44.010,
 Agriculture Code, are amended to read as follows:
 (a) At any one time, not more than $30 million[, $10 million
 of which may be used only to finance water conservation projects and
 $5 million of which may be used only to finance the economic
 development of businesses in rural areas,] may be placed in linked
 deposits under this chapter.
 (b) The maximum amount of a loan under this chapter [to
 process and market Texas agricultural crops] is $500,000. [The
 maximum amount of a loan under this chapter to produce alternative
 agricultural crops in this state is $250,000. The maximum amount of
 a loan under this chapter to finance water conservation projects or
 equipment for agricultural production purposes is $250,000. The
 maximum amount of a loan under this chapter to finance production of
 a crop declared eligible for natural disaster relief, as defined by
 board rule, is $250,000. The maximum amount of a loan under this
 chapter to finance a business in a rural area is $250,000.]
 SECTION 1.05. Section 58.012, Agriculture Code, is amended
 by amending Subsections (a), (b), and (c) and adding Subsection (g)
 to read as follows:
 (a) The authority is governed by a board of directors
 composed of the commissioner of agriculture, the director of the
 Institute for International Agribusiness Studies at Prairie View
 A&M University, and nine [seven] members appointed by the
 commissioner [governor with the advice and consent of the senate].
 Members of the board must be appointed in the numbers specified and
 from the following categories:
 (1) one person who is an elected or appointed official
 of a municipality or county;
 (2) four persons who are knowledgeable about
 agricultural lending practices;
 (3) one person who is a representative of agricultural
 businesses; [and]
 (4) one person who is a representative of agriculture
 related entities, including rural chambers of commerce,
 foundations, trade associations, institutions of higher education,
 or other entities involved in agricultural matters; and
 (5)  two persons who represent young farmers and the
 interests of young farmers.
 (b) The appointed members of the board serve staggered terms
 of two years, with the terms of four [three] members expiring on
 January 1 of each even-numbered year and the terms of five [four]
 members expiring on January 1 of each odd-numbered year.
 (c) Any vacancy occurring in an appointed position on the
 board shall be filled by the commissioner [governor] for the
 unexpired term.
 (g)  Notwithstanding Subsection (f), age may be considered
 by the commissioner in making appointments under Subsection (a)(5).
 SECTION 1.06. Subsection (a), Section 58.013, Agriculture
 Code, is amended to read as follows:
 (a) 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]. The board shall elect
 a vice-chairman biennially from its members and shall elect a
 secretary, a treasurer, and other officers it considers necessary.
 SECTION 1.07. Subsection (a), Section 58.0176, 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 1.08. Subsections (c) and (d), Section 58.023,
 Agriculture Code, are amended to read as follows:
 (c) Eligible agricultural businesses or lenders
 participating in the authority's programs shall pay the costs of
 applying for, participating in, and administering and servicing the
 program, in amounts the board considers reasonable and necessary.
 The board shall charge an administrative fee for guaranteeing a
 loan under Subchapter E that may not be less than one percent of the
 amount of the guaranteed loan. Any costs not paid by the eligible
 agricultural businesses or lenders shall be paid from the funds of
 the authority, including those funds established from bond
 proceeds.
 (d) The board by rule shall adopt an agreement to be used
 between a lender and an approved applicant under which the
 authority makes a payment from the Texas agricultural fund for the
 purpose of providing a reduced interest rate on a loan guaranteed to
 a borrower [under this subchapter]. The agreement must require the
 borrower to use the proceeds of the loan for the purposes of the
 program under which the payment is made. The board shall adopt
 rules to implement this subsection.
 SECTION 1.09. Subchapter D, Chapter 58, Agriculture Code,
 is amended by adding Section 58.041 to read as follows:
 Sec. 58.041.  ISSUANCE OF DEBT BY TEXAS PUBLIC FINANCE
 AUTHORITY. (a)  In this section, "debt instrument" means a note,
 debenture, bond, or other evidence of indebtedness.
 (b)  The Texas Public Finance Authority has the exclusive
 authority to act on behalf of the authority in issuing debt
 instruments authorized to be issued by the authority. A reference
 in law to a debt instrument issued by the authority, in the context
 of a debt instrument issued on or after September 1, 2009, means a
 debt instrument issued by the Texas Public Finance Authority on
 behalf of the authority.
 (c)  Notwithstanding Section 58.034(e), the authority shall
 pay all costs incurred by the Texas Public Finance Authority for
 issuing debt instruments on behalf of the authority and associated
 fees and expenses.
 (d)  When the board authorizes the issuance of debt
 instruments to fund a loan, the authority shall notify the Texas
 Public Finance Authority of the amount of the loan and the recipient
 of the loan and request the Texas Public Finance Authority to issue
 debt instruments in an amount necessary to fund the loan.  The
 authority and the Texas Public Finance Authority shall determine
 the amount and time of a debt instrument issue to best provide funds
 for one or multiple loans.
 (e)  The Texas Public Finance Authority, at the request of
 the authority, may issue debt instruments to provide money to the
 Texas agricultural fund.
 (f)  The Texas Public Finance Authority may sell debt
 instruments in any manner it determines to be in the best interest
 of the authority, except that it may not sell a debt instrument that
 has not been approved by the attorney general and registered with
 the comptroller.
 (g)  The board, in consultation with the Texas Public Finance
 Authority, shall adopt rules containing criteria for evaluating the
 creditworthiness of loan applicants and the financial feasibility
 of projects to be funded with debt instruments issued by the Texas
 Public Finance Authority on behalf of the authority.
 (h)  The Texas Public Finance Authority may enter into a
 credit agreement for a debt instrument issued by the Texas Public
 Finance Authority on behalf of the authority for a period and on
 conditions approved by the Texas Public Finance Authority.
 (i)  This subsection applies only in relation to general
 obligation debt instruments.  To the extent other sources of
 revenue available for payment of the authority's debts are
 insufficient and in accordance with the Texas Constitution, general
 revenue is to be appropriated to the Texas Public Finance Authority
 in an amount determined by the Texas Public Finance Authority to be
 necessary to pay the principal, premium if any, and interest on
 general obligation debt instruments issued by the Texas Public
 Finance Authority on behalf of the authority, and that amount shall
 be specified in the biennial appropriations acts.
 SECTION 1.10. The heading to Subchapter E, Chapter 58,
 Agriculture Code, is amended to read as follows:
 SUBCHAPTER E. AGRICULTURAL [YOUNG FARMER] LOAN GUARANTEE PROGRAM
 SECTION 1.11. Subdivision (2), Section 58.051, Agriculture
 Code, is amended to read as follows:
 (2) "Eligible applicant" means a person applying for a
 loan guarantee under this subchapter who[:
 [(A)     is at least 18 years of age but younger than
 40 years of age; and
 [(B)] complies with the application procedures
 prescribed by this subchapter.
 SECTION 1.12. The heading to Section 58.052, Agriculture
 Code, is amended to read as follows:
 Sec. 58.052. AGRICULTURAL [YOUNG FARMER] LOAN GUARANTEE
 PROGRAM.
 SECTION 1.13. Section 58.052, Agriculture Code, is amended
 by amending Subsections (b), (c), and (e) and adding Subsection (f)
 to read as follows:
 (b) The board, either directly or through authority
 delegated to the commissioner, may grant to an eligible applicant a
 guarantee of a loan made by a commercial lender for the purposes
 prescribed by this subchapter. The board by rule shall establish
 tiered loan guarantee limits.  To be eligible to be guaranteed under
 this subchapter, a loan with a term of more than one year must have a
 fixed interest rate [guarantee amount may not exceed the lesser of
 $250,000 or 90 percent of the loan amount].
 (c) The aggregate amount guaranteed under this subchapter
 may not exceed the lesser of three-fourths of [twice] the amount
 contained in the [young farmer loan guarantee account within the]
 Texas agricultural fund or $12 million.
 (e) The board shall adopt an agreement, to be used between a
 commercial lender and an approved eligible applicant, under which
 the program provides a payment from money in the Texas agricultural
 fund [young farmer loan guarantee account] for the purpose of
 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
 per year for each borrower may [shall] not exceed three percentage
 points or an amount that results in $10,000 in interest savings for
 the borrower for the year.
 (f)  The board by rule shall establish a certified lender
 program under which the board may certify commercial lenders to
 participate in the agricultural loan guarantee program in order to
 expedite the processing of loan guarantee applications by the
 board.
 SECTION 1.14. Section 58.056, Agriculture Code, is amended
 to read as follows:
 Sec. 58.056. MONEY FOR LOAN GUARANTEE PROGRAM. The
 authority may accept gifts and grants of money from the federal
 government, local governments, private corporations, or other
 persons for use in the agricultural [young farmer] loan guarantee
 program. The legislature may appropriate money for the program.
 SECTION 1.15. Subsections (b) and (d), Section 58.057,
 Agriculture Code, are transferred to Section 58.032, Agriculture
 Code, relettered as Subsections (g) and (h) of that section, and
 amended to read as follows:
 (g) [(b)] The fund includes [account consists of funds and
 transfers made to the account,] grants and donations made for the
 purposes of the programs administered by the Texas Agricultural
 Finance Authority [the young farmer loan guarantee program, income
 earned on money in the account,] and any other money received under
 this chapter [subchapter]. Notwithstanding Section 404.071,
 Government Code, income and interest earned on money in the fund
 [account] shall be deposited to the credit of the fund [account].
 [At the end of each state fiscal year the authority shall transfer
 to the general credit of the Texas agricultural fund any interest
 earned on the account that remains after payment of any
 administrative expenses of the program.] The fund [account] is
 exempt from the application of Section 403.095, Government Code.
 (h) [(d)] The board shall attempt to administer the fund in
 a manner that makes private donations to the fund an eligible
 itemized deduction for federal income taxation purposes.
 SECTION 1.16. Chapter 58, Agriculture Code, is amended by
 adding Subchapter F to read as follows:
 SUBCHAPTER F.  YOUNG FARMER INTEREST RATE REDUCTION PROGRAM
 Sec. 58.071. DEFINITIONS. In this subchapter:
 (1)  "Eligible lending institution" means a financial
 institution that makes commercial loans, is either a depository of
 state funds or an institution of the Farm Credit System
 headquartered in this state, and agrees to participate in the young
 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:
 (A)  that the eligible lending institution pay
 interest on the deposit at a rate that is not less than the greater
 of:
 (i)  the current market rate of a United
 States treasury bill or note of comparable maturity minus three
 percent; or
 (ii) 0.5 percent;
 (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.
 Sec. 58.072.  YOUNG FARMER INTEREST RATE REDUCTION PROGRAM.
 (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.
 (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 46 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.
 (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.
 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).
 (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)  The maximum
 amount of a loan under this subchapter is $500,000.
 (b)  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 46 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. Subsection (d), Section 1372.028, 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. Subsection (b), Section 502.174,
 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) Subdivision (3), Section 44.001, Agriculture
 Code;
 (2) Subsection (c), Section 58.0173, Agriculture
 Code;
 (3) Subsection (b), Section 58.0211, Agriculture
 Code;
 (4) Subsections (a), (c), and (e), Section 58.057,
 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.
 SECTION 1.25. Subsection (b), Section 58.041, Agriculture
 Code, as added by this Act, does not apply to the extension,
 renewal, or renegotiation of debt issued by the Texas Agricultural
 Finance Authority before the effective date of this Act. The
 extension, renewal, or renegotiation of debt issued by the Texas
 Agricultural Finance Authority before the effective date of this
 Act is governed by the law in effect immediately before that date,
 and the former law is continued in effect for that purpose.
 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. Subsection (a), Section 153.041, 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
 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 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. Subsections (c) and (e), Section 153.048,
 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. Subsections (a) and (b), Section 153.081,
 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 certified and insured 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 department'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)  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 department 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) Subsection (c), Section 153.048,
 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. Subsections (b) and (d), Section 45.007,
 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) Subsections (a) and (c), Section 45.007; 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. Subsections (a) and (d), Section 62.002,
 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. Subsection (a), Section 62.0027, 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. Subsections (a) and (f), Section 103.003,
 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. Subsection (a), Section 103.019, 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. Subsection (b), Section 110.002, 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) Subsection (c), Section 62.0023, Agriculture
 Code;
 (2) Subsection (b), Section 103.003 and Subsection
 (c), Section 103.017, 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. Subsection (a), Section 13.257, 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. Subsection (a), Section 13.259, 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, Agriculture Code, is amended
 by amending Subsection (b) and adding Subsection (c) 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.
 (c)  A person who purchases perishable commodities without a
 license, as owner, agent, or otherwise, does not violate this
 section if the person obtains a license not later than the 30th day
 after the date the person first purchases perishable commodities.
 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. Subsections (b) and (c), Section 101.007,
 Agriculture Code, are amended to read as follows:
 (b) If [an applicant for a license indicates on the
 application that] a previous license of the applicant has been or is
 suspended or has been revoked, the department may not issue or renew
 a license to the applicant until the department is furnished with
 satisfactory proof that the applicant is, on the date of
 application, qualified to receive the license for which the
 applicant applied as provided by department rule.
 (c) The department may refuse to issue or renew a license
 under this section if the department determines that a license
 previously issued to the applicant was revoked or suspended or that
 the applicant has engaged in conduct for which a license could have
 been revoked or suspended. In determining whether to refuse to
 issue or renew a license under this section, the department may
 consider:
 (1) the facts and circumstances pertaining to a prior
 suspension or revocation;
 (2) the financial condition of the applicant as of the
 date of the application;
 (3) any judgment by a court of this state that is
 outstanding against the applicant and is due and owing to a
 licensee, grower, or producer of perishable commodities; and
 (4) any certified claim against the applicant by a
 licensee, grower, or producer of perishable commodities that is
 under consideration by the department.
 SECTION 5.13. Section 101.009, Agriculture Code, is amended
 to read as follows:
 Sec. 101.009. LICENSEE LIST. The department may publish as
 often as it considers necessary a list in pamphlet form or on the
 department's Internet website of all persons licensed under this
 chapter.
 SECTION 5.14. Subsections (a) and (b), Section 101.013,
 Agriculture Code, are amended to read as follows:
 (a) If a licensee or a person required to be licensed causes
 a producer, seller, or owner, or an agent of a producer, seller, or
 owner, to part with control or possession of all or any part of the
 person's perishable commodities and agrees by contract of purchase
 to pay the purchase price on demand following delivery, the
 licensee or person required to be licensed shall make payment
 immediately on demand.
 (b) If a person makes demand for the purchase price in
 writing, the mailing of a registered letter that makes the demand
 and is addressed to the licensee or person required to be licensed
 at their [the licensee's] business address is prima facie evidence
 that demand was made at the time the letter was mailed.
 SECTION 5.15. Section 101.014, Agriculture Code, is amended
 to read as follows:
 Sec. 101.014. COMMISSION OR SERVICE CHARGE IN CONTRACT. If
 a licensee or a person required to be licensed handles perishable
 commodities by guaranteeing a producer or owner a minimum price and
 handles the perishable commodities on the account of the producer
 or owner, the licensee or person required to be licensed shall
 include in the contract with the producer or owner the maximum
 amount that the licensee or person required to be licensed will
 charge for commission, service, or both, in connection with the
 perishable commodities handled.
 SECTION 5.16. Subsections (a) and (b), Section 101.015,
 Agriculture Code, are amended to read as follows:
 (a) Except as otherwise provided by this section, a licensee
 or a person required to be licensed shall settle with the producer
 or seller of perishable commodities on the basis of the grade and
 quality that is referred to in the contract under which the licensee
 or person required to be licensed obtained possession or control of
 the perishable commodities.
 (b) If the perishable commodities have been inspected by a
 state or federal inspector in this state and found to be of a
 different grade or quality than that referred to in the contract,
 the licensee or person required to be licensed shall settle with the
 producer or seller of the perishable commodities on the basis of the
 grade and quality determined by the inspector.
 SECTION 5.17. Section 101.0151, Agriculture Code, is
 amended to read as follows:
 Sec. 101.0151. BUYING OR SELLING BY WEIGHT. A licensee or a
 person required to be licensed who buys or sells perishable
 commodities by weight shall weigh or have the perishable
 commodities weighed on scales that meet state requirements.
 SECTION 5.18. Section 101.016, Agriculture Code, is amended
 to read as follows:
 Sec. 101.016. RECORDS OF PURCHASE. (a) A licensee or a
 person required to be licensed or a packer, processor, or
 warehouseman may not receive or handle perishable commodities
 without requiring the person from whom the perishable commodities
 are purchased or received to furnish a statement in writing
 showing:
 (1) the owner of the perishable commodities;
 (2) the grower of the perishable commodities;
 (3) the approximate location of the land on which the
 perishable commodities were grown;
 (4) the date the perishable commodities were gathered;
 and
 (5) by whose authority the perishable commodities were
 gathered.
 (b) The licensee or person required to be licensed, packer,
 processor, or warehouseman shall keep records of statements
 furnished under Subsection (a) in a permanent book or folder for a
 minimum of three years from the date of the transaction and shall
 make the records available for inspection by any interested party.
 (c) The licensee or person required to be licensed, packer,
 handler, or warehouseman shall:
 (1) prepare a receipt detailing the quantity of
 perishable commodities received from the producer or owner at the
 time of receipt of the commodities; and
 (2) on request, provide the receipt to the producer or
 owner.
 (d) The department periodically may investigate licensees,
 persons required to be licensed, or persons alleged to be selling or
 purchasing perishable commodities in violation of this chapter and,
 without notice, may require evidence of purchase of any perishable
 commodities in a person's possession or past possession.
 SECTION 5.19. Section 101.017, Agriculture Code, is amended
 to read as follows:
 Sec. 101.017. RECORD OF SALE. (a) Except for a retailer, a
 licensee or a person required to be licensed shall maintain for each
 sale a complete and accurate record showing:
 (1) the date of sale of the perishable commodities;
 (2) the person to whom the perishable commodities were
 sold;
 (3) the grade and selling price of the perishable
 commodities; and
 (4) an itemized statement of expenses of any kind or
 character incurred in the sale or handling of the perishable
 commodities, including the amount of the commission to the licensee
 or person required to be licensed.
 (b) On demand of the department or of an owner, seller, or
 agent of the owner or seller, the licensee or person required to be
 licensed shall furnish the information demanded before the 11th day
 following the date of demand.
 (c) A licensee or a person required to be licensed shall
 maintain the information required to be kept by this section for at
 least three years after the date of sale.
 SECTION 5.20. Subsection (a), Section 101.020, Agriculture
 Code, is amended to read as follows:
 (a) A person commits an offense if the person:
 (1) acts in violation of Section 101.003 by not
 obtaining a license or registration or after receiving notice of
 cancellation of a license or registration;
 (2) acts or assumes to act as a transporting agent or
 buying agent:
 (A) without first obtaining an identification
 card; or
 (B) after receiving notice of cancellation of an
 identification card;
 (3) as a transporting agent or buying agent, fails and
 refuses to turn over to the department an identification card in
 accordance with Section 101.010(e);
 (4) as a license holder or a person required to be
 licensed, fails to furnish information under Section 101.017 before
 the 11th day following the date of demand;
 (5) as a license holder or a person required to be
 licensed, fails to settle with a producer or seller on the grade and
 quality of perishable commodities in the manner provided by Section
 101.015;
 (6) [as a cash dealer, pays for perishable commodities
 by a means other than United States currency;
 [(7)] as a license holder or a person required to be
 licensed, transporting agent, or buying agent, violates a provision
 of this chapter;
 (7) [(8)     acts or assumes to act as a cash dealer
 without first registering as a cash dealer;
 [(9)] as a license holder or a person required to be
 licensed, buys or sells perishable commodities by weight and does
 not have the perishable commodities weighed on scales that meet
 state requirements;
 (8) [(10)] fails to prepare and maintain records
 required by Sections 101.016, 101.017, and 101.018; or
 (9) [(11)] fails to provide records as required by
 Sections 101.016 and 101.018.
 SECTION 5.21. Subsection (a), Section 103.002, Agriculture
 Code, is amended to read as follows:
 (a) The produce recovery fund is a special trust fund with
 the comptroller administered by the department, without
 appropriation, for the payment of claims against license holders,
 [and] retailers, and persons required to be licensed under Chapter
 101.
 SECTION 5.22. Section 103.005, Agriculture Code, is amended
 to read as follows:
 Sec. 103.005. INITIATION OF CLAIM. (a) A person who deals
 with a license holder or a person required to be licensed under
 Chapter 101 in the purchasing, handling, selling, and accounting
 for sales of perishable commodities and who is aggrieved by an
 action of the license holder or person required to be licensed as a
 result of a violation of terms or conditions of a contract made by
 the license holder or person required to be licensed for the sale of
 Texas-grown produce may initiate a claim against the fund by filing
 with the department:
 (1) a sworn complaint against the license holder or
 person required to be licensed; and
 (2) a filing fee, as provided by department rule.
 (b) A complaint and the fee under Subsection (a) [of this
 section] must be filed on or before the second [first] anniversary
 of the date that payment was due [of the violation], or recovery
 from the fund is barred.
 SECTION 5.23. Section 103.0055, Agriculture Code, is
 amended to read as follows:
 Sec. 103.0055. BANKRUPTCY OF MERCHANT OR RETAILER. For
 purposes of this chapter, the amount due an aggrieved party by a
 license holder or a person required to be licensed is not affected
 by a final judgment of a bankruptcy court that releases the license
 holder or person required to be licensed from the legal duty to
 satisfy the claim.
 SECTION 5.24. Subsection (a), Section 103.006, Agriculture
 Code, is amended to read as follows:
 (a) After a claim is initiated, the department shall
 investigate the complaint and determine the amount due the
 aggrieved party. If the amount determined by the department is
 disputed by the license holder, a person required to be licensed, or
 the aggrieved party, the board shall conduct a hearing on the claim
 and determine the amount due the aggrieved party.
 SECTION 5.25. Subsection (a), Section 103.007, Agriculture
 Code, is amended to read as follows:
 (a) If the amount determined by the department's
 investigation to be due the aggrieved party is not disputed by the
 license holder, a person required to be licensed, or the aggrieved
 party, the department shall pay the claim within the limits
 prescribed by this chapter.
 SECTION 5.26. Subsections (a), (b), (d), and (f), Section
 103.008, Agriculture Code, are amended to read as follows:
 (a) In making payments from the fund the department may
 [can] pay the aggrieved party the full value of their validated
 claim, subject to Subsections (b) and (d) [all of the first $2,000
 of any claim and no more than 70 percent of the claim above $2,000].
 (b) The total payment of all claims arising from the same
 contract with a license holder or a person required to be licensed
 may not exceed $50,000 [$35,000].
 (d) Payment of a claim filed against a person who is not
 licensed in violation of Chapter 101 shall be limited to 80 percent
 of the recovery prescribed under this section [The department may
 not pay a claim against:
 [(1)     a person who was not licensed on the date the
 contract on which the claim is based was entered into; or
 [(2) a cash dealer registered under Chapter 101].
 (f) If a license holder or a person required to be licensed
 owes money to the produce recovery fund at the time the license
 holder or person required to be licensed makes a claim against the
 fund, the department shall offset the amount owed to the fund from
 the amount dispensed.
 SECTION 5.27. Section 103.009, Agriculture Code, is amended
 by amending Subsections (a), (c), and (d) and adding Subsection (e)
 to read as follows:
 (a) If the department pays a claim against a license holder
 or a person required to be licensed, the license holder or person
 required to be licensed shall:
 (1) reimburse the fund immediately or agree in writing
 to reimburse the fund on a schedule to be determined by rule of the
 department; and
 (2) immediately pay the aggrieved party any amount due
 that party or agree in writing to pay the aggrieved party on a
 schedule to be determined by rule of the department.
 (c) If the license holder or person required to be licensed
 does not reimburse the fund or pay the aggrieved party, or does not
 agree to do so, in accordance with this section, the department
 shall issue an order canceling the license and may not issue a new
 license to or renew the license of that person for four years from
 the date of cancellation. If the license holder or person required
 to be licensed is a corporation, an officer or director of the
 corporation or a person owning more than 25 percent of the stock in
 the corporation may not be licensed under Chapter 101 during the
 four-year period in which the corporation is ineligible for
 licensing.
 (d) Subsections (a) and (b) do [This section does] not apply
 to a license holder or a person required to be licensed who is
 released by a final judgment of a bankruptcy court from the legal
 duty to satisfy the claim paid by the department.
 (e)  The amount to be reimbursed under this section shall be
 one and one-half times the amount of the claim paid if the person
 required to reimburse the department was not licensed on the date on
 which the transaction forming the base of the claim occurred.
 SECTION 5.28. Section 103.010, Agriculture Code, is amended
 to read as follows:
 Sec. 103.010. SUBROGATION OF RIGHTS. If the department
 pays a claim against a license holder or a person required to be
 licensed, the department is subrogated to all rights of the
 aggrieved party against the license holder or person required to be
 licensed to the extent of the amount paid to the aggrieved party.
 SECTION 5.29. Subsection (b), Section 103.011, Agriculture
 Code, is amended to read as follows:
 (b) A person registered as a [cash dealer or a] marketing
 association organized under Chapter 52 that handles citrus fruit
 only for its members is exempt from payment of the fee under this
 section.
 SECTION 5.30. Subsections (a) and (b), Section 103.013,
 Agriculture Code, are amended to read as follows:
 (a) A person commits an offense if the person acts or
 assumes to act as a license holder under Chapter 101 without first
 paying the annual fee required by Section 103.11 [this chapter].
 (b) An offense under this section is a Class B misdemeanor
 [punishable by a fine of not more than $500].
 SECTION 5.31. Subsection (a), Section 121.005, 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 5.32. Subsection (f), Section 52.092, 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 5.33. Subsection (a), Section 172.024, 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 5.34. Subsection (b), Section 62.160, 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 5.35. 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) Subsection (b), Section 52.035, Agriculture Code;
 (6) Section 52.152, Agriculture Code;
 (7) Subsection (b), Section 101.006, Agriculture
 Code;
 (8) Subsection (c), Section 103.008, Agriculture
 Code;
 (9) Section 121.004, Agriculture Code;
 (10) Subdivision (1), Section 62.002, Labor Code; and
 (11) Subchapter C, Chapter 62, Labor Code.
 SECTION 5.36. (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. Subsections (a) and (c), Section 12.020,
 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 Provision Amount of Penalty
Provision Amount of Penalty
 Chapter 41 not more than $5,000 [$1,000] Chapter 41 not more than $5,000 [$1,000]
Chapter 41 not more than $5,000 [$1,000]
 Chapters 13, 14A, 18, 46, 61, 94, Chapters 13, 14A, 18, 46, 61, 94,
Chapters 13, 14A, 18, 46, 61, 94,
 95, 101, 102, 103, 121, 125, 132, 95, 101, 102, 103, 121, 125, 132,
95, 101, 102, 103, 121, 125, 132,
 and 134 not more than $5,000 [$500] and 134 not more than $5,000 [$500]
and 134 not more than $5,000 [$500]
 Subchapter B, Chapter 71 Subchapter B, Chapter 71
Subchapter B, Chapter 71
 Chapter 19 Chapter 19
Chapter 19
 Chapter 76 not more than $5,000 [$2,000] Chapter 76 not more than $5,000 [$2,000]
Chapter 76 not more than $5,000 [$2,000]
 Subchapters A and C, Chapter 71 Subchapters A and C, Chapter 71
Subchapters A and C, Chapter 71
 Chapters 72, 73, and 74 not more than $5,000 Chapters 72, 73, and 74 not more than $5,000
Chapters 72, 73, and 74 not more than $5,000
 Chapter 14 not more than $10,000 Chapter 14 not more than $10,000
Chapter 14 not more than $10,000
 Chapter 1951, Occupations Code not more than $5,000 Chapter 1951, Occupations Code not more than $5,000
Chapter 1951, Occupations Code not more than $5,000
 Chapter 153, Natural Resources Chapter 153, Natural Resources
Chapter 153, Natural Resources
 Code not more than $5,000. Code not more than $5,000.
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, including
 licenses issued under Chapter 1951, Occupations Code, expire on
 various dates during the year. The department may increase or
 decrease the term of an initial or renewal license or registration
 so that all licenses held by a person or a group of license holders
 expire on the same date. For the period [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 the next 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 risk-based factor identified by the
 department; and
 (2)  the department may waive any inspection
 requirement under law if an emergency arises or to accommodate
 complaint investigation or risk-based inspection 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)  Except as provided by Subsection (d), 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.
 (d)  The department is not required to provide the following
 information to a license holder:
 (1)  the name of a confidential informant whose
 testimony will not be used in any hearing as evidence against the
 license holder;
 (2) attorney-client communications;
 (3) attorney work product; or
 (4)  any other information that is confidential or not
 subject to disclosure under law, rule of evidence, or rule of civil
 procedure.
 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. Subsection (a), Section 76.113, Agriculture
 Code, is amended to read as follows:
 (a) Each pesticide [commercial applicator or noncommercial]
 applicator license issued under this chapter, other than a private
 applicator license, expires at the end of the license period
 established by department rule [on the first 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. Subsection (a), Section 76.1555, 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
 Subsection (c), Section 12.020 and Subsection (a), Section 76.1555,
 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
 to read as follows:
 Sec. 12.0201. LICENSE SANCTIONS. (a) In addition to other
 sanctions provided by law, the department may revoke, modify,
 suspend, or refuse to issue or renew a license, assess an
 administrative penalty, place on probation a person whose license
 has been suspended, or reprimand a license holder if the department
 finds that the practitioner:
 (1) violated a provision of this code or Chapter 1951,
 Occupations Code;
 (2) violated a rule adopted by the department under
 this code or Chapter 1951, Occupations Code; or
 (3) after appropriate notice, failed to comply with an
 order of the department.
 (b) In addition to any other actions permitted under this
 code or Chapter 1951, Occupations Code, if a license suspension is
 probated, the department may require the practitioner:
 (1) to maintain additional information in the
 practitioner's records;
 (2) to report regularly to the department on matters
 that are the basis of the probation;
 (3) to limit practice to the areas prescribed by the
 department; or
 (4) to continue or review professional education until
 the practitioner attains a degree of skill satisfactory to the
 department in those areas that are the basis of the probation.
 SECTION 7.02. Subchapter A, Chapter 1951, Occupations Code,
 is amended by adding Section 1951.007 to read as follows:
 Sec. 1951.007.  APPLICABILITY OF AGRICULTURE CODE LICENSING
 PROVISIONS.  A provision of the Agriculture Code that applies
 generally to licensing or regulatory programs administered by the
 department, including a provision that refers generally to
 licensing or regulatory programs under the Agriculture Code,
 applies to this chapter.
 SECTION 7.03. Subsection (a), Section 1951.053,
 Occupations Code, is amended to read as follows:
 (a) Except as provided by Sections 1951.212 and
 1951.457(c), this chapter does not apply to:
 (1) a person who performs pest control work on growing
 plants, trees, shrubs, grass, or other horticultural plants if the
 person[:
 [(A)     holds a florist or nursery registration
 certificate from the department under Section 71.043, Agriculture
 Code, other than a registration certificate that permits the sale,
 lease, or distribution of nursery products or floral items only at a
 temporary market; and
 [(B)] holds a commercial or noncommercial
 applicator license from the department and issued under Chapter 76,
 Agriculture Code, that covers the pest control work; or
 (2) a person who performs pest control work on growing
 plants, trees, shrubs, grass, or other horticultural plants or
 rights-of-way if the person:
 (A) is employed by a political subdivision or a
 cemetery;
 (B) is engaged in pest control work or vegetation
 management for the political subdivision or cemetery;
 (C) holds a commercial or noncommercial
 applicator license from the department and issued under Chapter 76,
 Agriculture Code, that covers pest control work or is under the
 direct supervision of a person who holds a commercial or
 noncommercial applicator license from the department and issued
 under Chapter 76, Agriculture Code, that covers pest control work;
 and
 (D) complies with annual continuing education
 required by the department.
 SECTION 7.04. Subsection (a), Section 1951.207,
 Occupations Code, is amended to read as follows:
 (a) The department by rule shall adopt a policy that[:
 [(1)] requires a business holding a structural pest
 control business license to be inspected by a field inspector at
 least once:
 (1) [(A)] in the business's first year of operation;
 and
 (2) [(B)] every four years after the first year of
 operation[;
 [(2)     provides for additional inspections based on a
 schedule of risk-based inspections using the following criteria:
 [(A) the type and nature of the business;
 [(B)     whether there has been a prior violation by
 the business;
 [(C) the inspection history of the business;
 [(D)     any history of complaints involving the
 business; and
 [(E)     any other factor determined by the
 department by rule; and
 [(3)     provides that the department may waive the
 inspection requirement on a case-by-case basis if an emergency
 arises or to accommodate complaint investigation schedules].
 SECTION 7.05. Subsection (f), Section 1951.254,
 Occupations Code, as amended by Chapters 885 (H.B. 2278) and 890
 (H.B. 2458), Acts of the 80th Legislature, Regular Session, 2007,
 is reenacted to read as follows:
 (f) The information sheet must include:
 (1) the names and telephone numbers of the department
 and the Department of State Health Services;
 (2) the telephone number of any pesticide hotline
 established by a state or federal agency or by a state university;
 (3) a statement of a consumer's rights under Chapter
 601, Business & Commerce Code, to cancel a home solicitation
 transaction; and
 (4) information concerning the availability of any
 pretreatment inspection service that may be provided by the
 department under Section 1951.210.
 SECTION 7.06. Subsection (a), Section 1951.306,
 Occupations Code, is amended to read as follows:
 (a) The department may waive any license requirement under
 this chapter for an applicant who holds a license issued by another
 state that has license requirements substantially equivalent to
 those of this state. The department may enter into reciprocal
 licensing agreements with other states that have license
 requirements substantially equivalent to those of this state.
 SECTION 7.07. The following provisions of the Occupations
 Code are repealed:
 (1) Section 1951.202;
 (2) Section 1951.310;
 (3) Section 1951.311;
 (4) Subsections (c) and (d), Section 1951.501;
 (5) Subchapter L, Chapter 1951;
 (6) Section 1951.604; and
 (7) Section 1951.605.
 SECTION 7.08. The changes in law made by this Act by the
 repeal of Subsections (c) and (d), Section 1951.501, Occupations
 Code, apply only to a violation of Chapter 1951, Occupations Code,
 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. A violation committed on
 or after the effective date of this Act is governed by Section
 12.0201, Agriculture Code, as amended by this Act, and other
 applicable law.
 SECTION 7.09. The change in law made by this Act by the
 repeal of Section 1951.310, Occupations Code, applies only to the
 renewal of a license under Chapter 1951, Occupations Code, that
 expires on or after the effective date of this Act. The renewal of a
 license that expires before the effective date of this Act is
 governed by the law in effect on the date the license expired, and
 the former law is continued in effect for that purpose. An
 application submitted on or after the effective date of this Act is
 governed by Section 12.024, Agriculture Code, and other applicable
 law.
 SECTION 7.10. The change in law made by this Act by the
 repeal of Section 1951.311, Occupations Code, applies only to an
 application for a replacement license issued under Chapter 1951,
 Occupations Code, submitted on or after the effective date of this
 Act. An application submitted before the effective date of this Act
 is governed by the law in effect on the date the application was
 submitted, and the former law is continued in effect for that
 purpose. An application submitted on or after the effective date of
 this Act is governed by Section 12A.101, Agriculture Code, as added
 by this Act, and other applicable law.
 SECTION 7.11. The change in law made by this Act by the
 repeal of Subchapter L, Chapter 1951, Occupations Code, applies
 only to a violation committed on or after the effective date of this
 Act. A violation committed before that date is governed by the law
 in effect on the date the violation occurred, and the former law is
 continued in effect for that purpose. A violation committed on or
 after the effective date of this Act is governed by Section 12.020,
 Agriculture Code, as amended by this Act, and other applicable law.
 ARTICLE 8. SUNSET DATE AND ACROSS-THE-BOARD RECOMMENDATIONS
 SECTION 8.01. 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, 2021 [2009].
 SECTION 8.02. Section 12.0135, Agriculture Code, is amended
 to read as follows:
 Sec. 12.0135. CONFLICT PROVISIONS. (a) A person may not be
 a department employee employed in a "bona fide executive,
 administrative, or professional capacity," as that phrase is used
 for purposes of establishing an exemption to the overtime
 provisions of the federal Fair Labor Standards Act of 1938 (29
 U.S.C. Section 201 et seq.), if:
 (1)  the person is an officer, employee, or paid
 consultant of a Texas trade association in the field of
 agriculture; or
 (2)  the person's spouse is an officer, manager, or paid
 consultant of a Texas trade association in the field of
 agriculture.
 (b) A person may not act as the general counsel to the
 commissioner or the department if the person is required to
 register as a lobbyist under Chapter 305, Government Code, because
 of the person's activities for compensation on behalf of a
 profession related to the operation of the department.
 (c) In [(b)     An officer, employee, or paid consultant of a
 statewide Texas trade association or an affiliate of a national
 trade association in the field of agriculture may not be an employee
 of the department who is exempt from the state's position
 classification plan or is compensated at or above the amount
 prescribed by the General Appropriations Act for step 1, salary
 group 17, of the position classification salary schedule.
 [(c)     A person who is the spouse of an officer, manager, or
 paid consultant of a statewide Texas trade association or an
 affiliate of a national trade association in the field of
 agriculture may not be an employee of the department who is exempt
 from the state's position classification plan or is compensated at
 or above the amount prescribed by the General Appropriations Act
 for step 1, salary group 17, of the position classification salary
 schedule.
 [(d) For the purposes of] this section, "Texas [a] trade
 association" means [is] a [nonprofit,] cooperative [,] and
 voluntarily joined statewide association of business or
 professional competitors in this state designed to assist its
 members and its industry or profession in dealing with mutual
 business or professional problems and in promoting their common
 interest.
 SECTION 8.03. Chapter 12, Agriculture Code, is amended by
 adding Section 12.0203 to read as follows:
 Sec. 12.0203.  NEGOTIATED RULEMAKING AND ALTERNATIVE
 DISPUTE RESOLUTION. (a) The commissioner shall develop and
 implement a policy to encourage the use of:
 (1)  negotiated rulemaking procedures under Chapter
 2008, Government Code, for the adoption of department rules; and
 (2)  appropriate alternative dispute resolution
 procedures under Chapter 2009, Government Code, to assist in the
 resolution of internal and external disputes under the department's
 jurisdiction.
 (b)  The department's procedures relating to alternative
 dispute resolution must conform, to the extent possible, to any
 model guidelines issued by the State Office of Administrative
 Hearings for the use of alternative dispute resolution by state
 agencies.
 (c) The commissioner shall designate a trained person to:
 (1)  coordinate the implementation of the policy
 adopted under Subsection (a);
 (2)  serve as a resource for any training needed to
 implement the procedures for negotiated rulemaking or alternative
 dispute resolution; and
 (3)  collect data concerning the effectiveness of those
 procedures, as implemented by the department.
 SECTION 8.04. Chapter 12, Agriculture Code, is amended by
 adding Section 12.047 to read as follows:
 Sec. 12.047.  USE OF TECHNOLOGY. The commissioner shall
 implement a policy requiring the department to use appropriate
 technological solutions to improve the department's ability to
 perform its functions. The policy must ensure that the public is
 able to interact with the department on the Internet.
 ARTICLE 9. ADDITIONAL PROVISIONS
 SECTION 9.01. Section 12.022, Agriculture Code, is amended
 to read as follows:
 Sec. 12.022. AUTHORITY TO SOLICIT AND ACCEPT GIFTS, GRANTS,
 AND DONATIONS. The department may solicit and [is authorized to]
 accept gifts, grants, and donations of money, services, or property
 from any person. Money received by the department under this
 section may be expended or distributed for any public purpose
 related to the department's duties [and shall file annually with
 the governor and the presiding officer of each house of the
 legislature a complete and detailed written report accounting for
 all gifts, grants, and donations received and disbursed, used, or
 maintained by the department during the preceding fiscal year.
 This report shall be included in the annual report required by
 Section 12.014 of this chapter].
 SECTION 9.02. Chapter 12, Agriculture Code, is amended by
 adding Section 12.046 to read as follows:
 Sec. 12.046.  TEXAS RURAL INVESTMENT FUND.  (a)  In this
 section:
 (1) "Fund" means the Texas Rural Investment Fund.
 (2)  "Rural community" means a municipality with a
 population of less than 50,000 or a county with a population of less
 than 200,000.
 (b)  The fund is a dedicated account in the general revenue
 fund and consists of:
 (1)  appropriations of money to the fund by the
 legislature;
 (2)  gifts, grants, including federal grants, and other
 donations received for the fund; and
 (3)  interest earned on the investment of money in the
 fund.
 (c) The fund may be used by the department only to:
 (1)  pay for grants or loans to public or private
 entities for projects in rural communities that have strong local
 support, provide positive return on the state's investment, and
 stimulate one or more of the following:
 (A) local entrepreneurship;
 (B) job creation or retention;
 (C) new capital investment;
 (D) strategic economic development planning;
 (E)  individual economic and community
 development leadership training;
 (F) housing development; or
 (G) innovative workforce education; and
 (2)  administer the grant and loan program under this
 section.
 (d)  In awarding a grant or loan of money from the fund for a
 project, the department shall consider:
 (1) the project's effect on job creation and wages;
 (2) the financial strength of the applicant;
 (3) the applicant's business history;
 (4) an analysis of the relevant business sector;
 (5)  whether there is public or private sector
 financial support for the project; and
 (6) whether there is local support for the project.
 (e)  The fund is exempt from the application of Sections
 403.095 and 404.071, Government Code.
 (f)  The department may accept grants, gifts, or donations
 from any source that are made for the purposes of this section.
 Money received under this subsection shall be deposited in the
 fund.
 (g)  The department shall adopt rules to administer this
 section.
 SECTION 9.03. Subsection (a), Section 19.012, Agriculture
 Code, is amended to read as follows:
 (a) A person commits an offense if the person:
 (1) sells or offers to sell citrus budwood or a citrus
 nursery tree falsely claiming that it is certified or that it comes
 from a designated foundation grove; [or]
 (2) uses citrus budwood that is not certified, or does
 not come from a designated foundation grove, for commercial
 purposes that require certification under department rule; or
 (3) fails to comply with an order of the department
 issued under this chapter.
 SECTION 9.04. Section 19.014, Agriculture Code, is amended
 to read as follows:
 Sec. 19.014. ADMINISTRATIVE PENALTIES. The department may
 assess an administrative penalty under Chapter 12 for a violation
 of this chapter if the department finds that a person:
 (1) sells or offers to sell citrus budwood or a citrus
 nursery tree falsely claiming that it is certified or that it comes
 from a designated foundation grove under this chapter;
 (2) uses citrus budwood in violation of rules adopted
 under this chapter; [or]
 (3) uses citrus budwood that is not certified, or does
 not come from a designated foundation grove, for commercial
 purposes that require certification under department rule; or
 (4) fails to comply with an order of the department
 issued under this chapter.
 SECTION 9.05. Section 41.151, Agriculture Code, is amended
 to read as follows:
 Sec. 41.151. DEFINITIONS. In this subchapter:
 (1) "Beef products" means products produced in whole
 or in part from beef. The term does not include milk or products
 made from milk.
 (2) ["Board" means the board of directors of the Texas
 Beef Council.
 [(3)] "Council" means the Texas Beef Council.
 (3) [(4)] "Producer" means a person who owns or
 acquires ownership of cattle, except that a person is not a producer
 if the person's only share in the proceeds of a sale of cattle or
 beef is a sales commission, handling fee, or other service fee.
 SECTION 9.06. Subsection (b), Section 41.152, Agriculture
 Code, is amended to read as follows:
 (b) The council shall be the certified organization
 [recognized as the entity] to plan, implement, and operate
 research, education, promotion, and marketing programs under this
 subchapter. The council is the state beef council qualified to
 collect the proceeds of and administer in this state the beef check
 off program established by federal law.
 SECTION 9.07. Section 41.156, Agriculture Code, is amended
 to read as follows:
 Sec. 41.156. COUNCIL [BOARD] MEMBERS. (a) The council
 [board] is composed of 20 [21] members appointed by the
 commissioner as follows:
 (1) three representatives of the Texas and
 Southwestern Cattle Raisers Association;
 (2) three representatives of the Texas Cattle Feeders
 Association;
 (3) three representatives of the Texas Farm Bureau;
 (4) two representatives of the Independent Cattlemen's
 Association of Texas;
 (5) two representatives of the Texas purebred cattle
 industry;
 (6) two representatives of the Texas dairy industry;
 (7) one representative [two representatives] of the
 Livestock Marketing Association of Texas;
 (8) one representative of meat packer and exporter
 associations;
 (9) one representative of Texas CattleWomen; and
 (10) two at-large directors.
 (b) A council [board] member serves a one-year term or until
 his or her successor is appointed.  A council member may serve not
 more than six consecutive one-year terms. Members of the council
 may nominate persons for appointment to vacancies created by
 expiring or expired terms.
 (c) The commissioner, on recommendation of the council,
 shall fill a vacancy on the council [board] by appointment for the
 unexpired term.
 SECTION 9.08. Section 41.157, Agriculture Code, is amended
 to read as follows:
 Sec. 41.157. GENERAL POWERS OF COUNCIL. The council may
 take action or exercise other authority as necessary to execute any
 act authorized by this chapter [subchapter] or the Texas Non-Profit
 Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
 Statutes).
 SECTION 9.09. Subsections (b), (c), and (e), Section
 41.160, Agriculture Code, are amended to read as follows:
 (b) If an assessment referendum is approved, the council
 shall recommend to the commissioner an assessment amount not
 greater than the maximum amount approved in the referendum. After
 the assessment is approved by the commissioner, the council shall
 collect the assessment.
 (c) An assessment levied on producers shall [may] be applied
 by the council to efforts relating to the marketing, education,
 research, and promotion of beef and beef products in Texas, the
 United States, and international markets, including administrative
 costs of conducting an assessment referendum.
 (e) Section 41.083 applies to an assessment collected by the
 council under this subchapter. Section 41.082 does not apply to an
 assessment collected under this subchapter. The commissioner, on
 the council's recommendation, may exempt from the assessment
 certain producers who are exempt under federal law.
 SECTION 9.10. Subsection (a), Section 41.161, Agriculture
 Code, is amended to read as follows:
 (a) The commissioner shall annually review and approve the
 council's operating budget for the funds collected under this
 subchapter.
 SECTION 9.11. Subsection (g), Section 41.162, Agriculture
 Code, is amended to read as follows:
 (g) The council shall pay all expenses incurred in
 conducting a referendum with funds collected from the beef
 industry.
 SECTION 9.12. Subsection (d), Section 71.004, Agriculture
 Code, is amended to read as follows:
 (d) An emergency quarantine shall be established in
 accordance with the provisions related to emergency rulemaking in
 Chapter 2001, Government Code [expires 30 days following the date
 on which it was established unless reestablished following notice
 and hearing as provided by this subchapter].
 SECTION 9.13. Subsection (b), Section 72.002, Agriculture
 Code, is amended to read as follows:
 (b) The department may adopt rules[, to be proclaimed by the
 governor,] as necessary for the administration of this chapter.
 SECTION 9.14. Subsections (a) and (b), Section 72.011,
 Agriculture Code, are amended to read as follows:
 (a) When advised of the existence of Mexican fruit fly
 within a county or part of a county in this state, the department
 shall certify that fact and [to the governor, and the governor
 shall] proclaim the county or part of a county quarantined under
 this chapter.
 (b) If the department determines that the exigencies of the
 situation require a modified quarantine, the department may
 designate a modified quarantined area [to be certified to the
 governor for proclamation].
 SECTION 9.15. Section 72.012, Agriculture Code, is amended
 to read as follows:
 Sec. 72.012. PERSONS AND PREMISES SUBJECT. The premises of
 each individual, whether an owner, lessee, renter, tenant, or
 occupant, within the area named in the quarantine [proclamation]
 are subject to the quarantine, even though not specifically named.
 SECTION 9.16. Subsection (a), Section 72.015, Agriculture
 Code, is amended to read as follows:
 (a) A person may not haul, truck, or otherwise move citrus
 fruit from any premises or area that is under quarantine for Mexican
 fruit fly infestation by this chapter or [,] by order of the
 department[, or by proclamation of the governor] in violation of
 the quarantine without a written permit or certificate issued by
 the department or an inspector of the Plant Protection and
 Quarantine Programs, Animal and Plant Health Inspection Service,
 United States Department of Agriculture.
 SECTION 9.17. Subsection (a), Section 76.004, Agriculture
 Code, is amended to read as follows:
 (a) The [Except as provided by Subchapter G, after notice,
 the department shall conduct at least five regional hearings
 throughout the state before the adoption of any rule for carrying
 out the provisions of this chapter. Thereafter, the] department
 may adopt rules for carrying out the provisions of this chapter,
 including rules providing for:
 (1) the collection, examination, and reporting of
 records, devices, and samples of pesticides;
 (2) the safe handling, transportation, storage,
 display, distribution, or disposal of pesticides and pesticide
 containers;
 (3) labeling requirements for pesticides and devices
 required to be registered under this chapter; and
 (4) compliance with federal pesticide rules and
 regulations.
 SECTION 9.18. The following provisions are repealed:
 (1) Section 12.017, Agriculture Code;
 (2) Section 72.003, Agriculture Code;
 (3) Subsection (c), Section 72.011, Agriculture Code;
 and
 (4) Section 76.005, Agriculture Code.
 SECTION 9.19. (a) The change in law made by this Act to
 Section 19.012, Agriculture Code, applies 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 covered by the
 law in effect when the offense was committed, and the former law is
 continued in effect for that purpose. For purposes of this
 subsection, an offense was committed before the effective date of
 this Act if any element of the offense was committed before that
 date.
 (b) The change in law made by this Act to Section 19.014,
 Agriculture Code, applies only to conduct that occurred on or after
 the effective date of this Act. Conduct that occurred 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.
 (c) The change in law made by this Act to Section 41.156,
 Agriculture Code, does not affect the entitlement of a member of the
 board of directors of the Texas Beef Council to serve for the
 remainder of the member's term. A board member 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.
 (d) The change in law made by this Act to Section 41.160,
 Agriculture Code, applies only to an assessment approved on or
 after the effective date of this Act. An assessment approved 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.
 (e) The change in law made by this Act to Section 41.162,
 Agriculture Code, applies only to an assessment referendum
 conducted on or after the effective date of this Act. An assessment
 referendum conducted 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.
 (f) The changes in law made by this Act by the amendment of
 Section 76.004, Agriculture Code, and the repeal of Section 76.005,
 Agriculture Code, apply only to a public hearing held on or after
 the effective date of this Act. A public hearing held 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.
 (g) Section 9.02 of this Act does not make an appropriation.
 A provision in Section 9.02 of this Act that creates a new
 governmental program, creates a new entitlement, or imposes a new
 duty on a governmental entity is not mandatory during a fiscal
 period for which the legislature has not made a specific
 appropriation to implement the provision. A change in law made by
 Section 9.02 of this Act may not receive an appropriation of more
 than $4,000,000 during the fiscal period in which the legislation
 becomes effective.
 ARTICLE 10. EFFECTIVE DATE
 SECTION 10.01. This Act takes effect September 1, 2009.

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]

Subchapter B, Chapter 71

Chapter 19

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.