Texas 2017 - 85th Regular

Texas House Bill HB3227 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: King of Uvalde (Senate Sponsor - Lucio) H.B. No. 3227
2		-	(In the Senate - Received from the House May 8, 2017;
3		-	May 10, 2017, read first time and referred to Committee on
4		-	Agriculture, Water & Rural Affairs; May 16, 2017, reported
5		-	favorably by the following vote: Yeas 6, Nays 1; May 16, 2017, sent
6		-	to printer.)
	1	+	H.B. No. 3227
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the administration and enforcement of produce safety
12	6		standards by the Department of Agriculture; authorizing an
13	7		administrative penalty.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Section 12.020(c), Agriculture Code, is amended
16	10		to read as follows:
17	11		(c) The provisions of law subject to this section and the
18	12		applicable penalty amounts are as follows:
19	13		Provision Amount of Penalty Provision Amount of Penalty
20	14		Provision Amount of Penalty
21	15		Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
22	16		Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
23	17		Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
24	18		Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
25	19		Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
26	20		Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
27	21		and 134 not more than $5,000 and 134 not more than $5,000
28	22		and 134 not more than $5,000
29	23		Subchapters A, B, and C, Chapter 71 not more than $5,000 Subchapters A, B, and C, Chapter 71 not more than $5,000
30	24		Subchapters A, B, and C, Chapter 71 not more than $5,000
31	25		Chapter 14 not more than $10,000 Chapter 14 not more than $10,000
32	26		Chapter 14 not more than $10,000
33	27		Chapter 1951, Occupations Code not more than $5,000 Chapter 1951, Occupations Code not more than $5,000
34	28		Chapter 1951, Occupations Code not more than $5,000
35	29		Chapter 153, Natural Resources Chapter 153, Natural Resources
36	30		Chapter 153, Natural Resources
37	31		Code not more than $5,000 Code not more than $5,000
38	32		Code not more than $5,000
39	33		Section 91.009 not more than $5,000. Section 91.009 not more than $5,000.
40	34		Section 91.009 not more than $5,000.
41	35		SECTION 2. Section 91.009, Agriculture Code, is amended to
42	36		read as follows:
43	37		Sec. 91.009. COORDINATION OF PRODUCE [FOOD] SAFETY. (a)
44	38		The department is the lead agency for the administration,
45	39		implementation, and enforcement of, and education and training
46	40		relating to, the United States Food and Drug Administration
47	41		Standards for the Growing, Harvesting, Packing, and Holding of
48	42		Produce for Human Consumption (21 C.F.R. Part 112) or any successor
49	43		federal produce safety rule or standard.
50	44		(a-1) The department [and] shall assist the fresh fruit and
51	45		vegetable industries with produce [food] safety issues and may
52	46		provide assistance to federal agencies in their implementation of
53	47		[voluntary] guidelines relating to sound agricultural practices.
54	48		(b) The department shall coordinate and[,] plan[, and
55	49		approve] training and awareness programs for producers and packers
56	50		of fresh fruits and vegetables. A program under this subsection
57	51		must inform and educate producers and packers regarding:
58	52		(1) sound agricultural practices;
59	53		(2) proper produce [food] handling procedures;
60	54		(3) the prevention of accidental or deliberately
61	55		planned outbreaks of disease; and
62	56		(4) the enhancement of overall produce [food] safety.
63	57		(c) The department shall coordinate the planning and
64	58		implementation of programs required by Subsection (b) with:
65	59		(1) colleges and universities in this state;
66	60		(2) the Texas A&M AgriLife Extension Service;
67	61		(3) Texas A&M AgriLife Research;
68	62		(4) the Department of State Health Services; [and]
69	63		(5) private industry; and
70	64		(6) nongovernmental organizations.
71	65		(c-1) The department may enter into a cooperative
72	66		agreement, interagency agreement, grant agreement, or memorandum
73	67		of understanding with a federal or state agency for the
74	68		administration, implementation, or enforcement of this section.
75	69		(d) The department may adopt rules to administer,
76	70		implement, and enforce this section. In the development of rules
77	71		under this section [for the certification of approved food safety
78	72		curriculum or training], the department may consider relevant
79	73		state, federal, or national standards and may [shall] consult [and
80	74		coordinate] with federal or state agencies [the Department of State
81	75		Health Services].
82	76		SECTION 3. This Act takes effect immediately if it receives
83	77		a vote of two-thirds of all the members elected to each house, as
84	78		provided by Section 39, Article III, Texas Constitution. If this
85	79		Act does not receive the vote necessary for immediate effect, this
86	80		Act takes effect September 1, 2017.
87		-	* * * * *
	81	+	______________________________ ______________________________
	82	+	President of the Senate Speaker of the House
	83	+	I certify that H.B. No. 3227 was passed by the House on May 6,
	84	+	2017, by the following vote: Yeas 118, Nays 26, 2 present, not
	85	+	voting.
	86	+	______________________________
	87	+	Chief Clerk of the House
	88	+	I certify that H.B. No. 3227 was passed by the Senate on May
	89	+	19, 2017, by the following vote: Yeas 26, Nays 5.
	90	+	______________________________
	91	+	Secretary of the Senate
	92	+	APPROVED: _____________________
	93	+	Date
	94	+	_____________________
	95	+	Governor
	96	+
	97	+
	98	+
	99	+
88	100
89	101		Provision Amount of Penalty
90	102
91	103
92	104
93	105		Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
94	106
95	107		Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
96	108
97	109		Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
98	110
99	111		and 134 not more than $5,000
100	112
101	113
102	114
103	115
104	116
105	117
106	118
107	119		Subchapters A, B, and C, Chapter 71 not more than $5,000
108	120
109	121		Chapter 14 not more than $10,000
110	122
111	123		Chapter 1951, Occupations Code not more than $5,000
112	124
113	125		Chapter 153, Natural Resources
114	126
115	127		Code not more than $5,000
116	128
117	129		Section 91.009 not more than $5,000.