Texas 2017 - 85th Regular

Texas House Bill HB4222 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Springer H.B. No. 4222
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the regulation of the labeling, sale, offering,
7	7	exposing or transporting for sale of agricultural, vegetable,
8	8	flower, and tree and shrub seeds for certification; to prevent
9	9	misrepresentation thereof; making changes to the State Seed and
10	10	Plant Board; to repeal all laws in conflict with this Act; changing
11	11	the amount of a fee.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 61.002, Agriculture Code, is amended to
14	14	read as follows:
15	15	Sec. 61.002. ADMINISTRATION; RULES. (a) The Texas A&M
16	16	AgriLife Extension Service [department] shall administer and
17	17	enforce this chapter and may employ qualified persons and incur
18	18	expenses as necessary in performing those duties. [The number of
19	19	persons employed shall be set in the General Appropriations Act.]
20	20	(b) The Texas A&M AgriLife Extension Service [department]
21	21	may adopt rules as necessary for the efficient enforcement of this
22	22	chapter. [Before adopting rules under this chapter, the department
23	23	shall conduct a public hearing on the proposed rule or amendment.]
24	24	(c) The Texas A&M AgriLife Extension Service may contract
25	25	with a private entity to [The department may] establish and
26	26	maintain or provide for seed testing facilities as necessary to
27	27	administer this chapter.
28	28	(e) A reference in this chapter to the department means the
29	29	Texas A&M AgriLife Extension Service [The department may cooperate
30	30	with the United States Department of Agriculture in the enforcement
31	31	of seed law.]
32	32	SECTION 2. Section 61.010, Agriculture Code, is amended to
33	33	read as follows:
34	34	Sec. 61.010. INSPECTION OF SEED. (a) The Texas A&M
35	35	AgriLife Extension Service annually [At the time, place, and to the
36	36	extent the department considers necessary, the department] shall
37	37	sample, inspect, analyze, and test agricultural and vegetable seed
38	38	transported, sold, or offered or exposed for sale in this state for
39	39	sowing purposes in order to determine if the seed is in compliance
40	40	with this chapter. The service [department] shall promptly notify
41	41	of any violation the person who transported, sold, or offered or
42	42	exposed the seed for sale.
43	43	(b) The Texas A&M AgriLife Extension Service [department]
44	44	shall adopt rules governing the methods of sampling, inspection,
45	45	analysis, and testing and the tolerances to be allowed in the
46	46	administration of this chapter. The service may adopt any other
47	47	rules governing agricultural and vegetable seed [rules adopted
48	48	shall be in general accord with officially prescribed practice in
49	49	interstate commerce].
50	50	[(c) In order to gain access to seed or to records from
51	51	authorized personnel, the department is entitled to enter any
52	52	public or private premises during regular business hours or any
53	53	land, water, or air conveyance at any time when the conveyance is
54	54	accessible.]
55	55	SECTION 3. Section 61.011(a), Agriculture Code, is amended
56	56	to read as follows:
57	57	(a) A person who sells, or offers, exposes, or otherwise
58	58	distributes for sale agricultural seed within this state for
59	59	planting purposes shall pay an inspection fee not to exceed $1,000
60	60	[in the manner provided by Subsection (b) or (c) of this section. A
61	61	person may not use both procedures for fee payment. The person shall
62	62	pay the fee during each germination period that the seed remains
63	63	offered or exposed for sale. If the germination test has expired on
64	64	any seed, the custodian of the seed is responsible for payment of
65	65	the fee].
66	66	SECTION 4. Section 62.001(1), Agriculture Code, is amended
67	67	to read as follows:
68	68	(1) "Board" means the Texas A&M AgriLife Extension
69	69	Service [State Seed and Plant Board].
70	70	SECTION 5. Section 62.004(a), Agriculture Code, is amended
71	71	to read as follows:
72	72	(a) The board by rule shall adopt standards prescribed by a
73	73	national seed and plant certification organization to govern [may
74	74	establish, not inconsistent with federal law,] the eligibility of
75	75	various kinds and varieties of seed and plants for genetic purity
76	76	and identity certification and the procedures for that
77	77	certification.
78	78	SECTION 6. Section 62.011, Agriculture Code, is amended to
79	79	read as follows:
80	80	Sec. 62.011. PENALTIES. (a) A person commits an offense if
81	81	the person:
82	82	(1) sells or offers for sale in this state seed or
83	83	plants with labeling or packaging accompanying the seed or plants
84	84	using the terms "from officially inspected fields," "state approved
85	85	[inspected]," "approved seed," "approved plants," "approved sods,"
86	86	"approved trees," "inspected fields," "foundation seed,"
87	87	"certified plants," or terms having the same meaning, unless the
88	88	seed or plants have been certified as Foundation, Registered, or
89	89	Certified seed or plants;
90	90	(2) represents himself or herself to be a registered
91	91	plant breeder or licensed producer of Foundation, Registered, or
92	92	Certified seed or plants unless he or she has been registered or
93	93	licensed under this chapter;
94	94	(3) sells or offers for sale in this state Foundation,
95	95	Registered, or Certified seed or plants that are not in compliance
96	96	with this chapter or with the rules adopted under this chapter;
97	97	(4) sells or offers for sale seed or plants
98	98	represented to be certified in explicit oral or written statements
99	99	or by misleading oral or written statements if the seed or plants
100	100	have not been certified or have not been certified as being of the
101	101	class of which they are represented;
102	102	(5) violates Section 62.007(c) of this code; or
103	103	(6) violates Section 62.009(c), (d), or (e) of this
104	104	code.
105	105	(b) An offense under Subsection (a)(1), (a)(2), (a)(5), or
106	106	(a)(6) of this section is a Class C misdemeanor.
107	107	(c) An offense under Subsection (a)(3) or (a)(4) of this
108	108	section is a Class C [B] misdemeanor.
109	109	SECTION 7. Section 62.002, Agriculture Code, is repealed.
110	110	SECTION 8. This Act takes effect September 1, 2017.