By: Springer H.B. No. 4222
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the labeling, sale, offering,
exposing or transporting for sale of agricultural, vegetable,
flower, and tree and shrub seeds for certification; to prevent
misrepresentation thereof; making changes to the State Seed and
Plant Board; to repeal all laws in conflict with this Act; changing
the amount of a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.002, Agriculture Code, is amended to
read as follows:
Sec. 61.002. ADMINISTRATION; RULES. (a) The Texas A&M
AgriLife Extension Service [department] shall administer and
enforce this chapter and may employ qualified persons and incur
expenses as necessary in performing those duties. [The number of
persons employed shall be set in the General Appropriations Act.]
(b) The Texas A&M AgriLife Extension Service [department]
may adopt rules as necessary for the efficient enforcement of this
chapter. [Before adopting rules under this chapter, the department
shall conduct a public hearing on the proposed rule or amendment.]
(c) The Texas A&M AgriLife Extension Service may contract
with a private entity to [The department may] establish and
maintain or provide for seed testing facilities as necessary to
administer this chapter.
(e) A reference in this chapter to the department means the
Texas A&M AgriLife Extension Service [The department may cooperate
with the United States Department of Agriculture in the enforcement
of seed law.]
SECTION 2. Section 61.010, Agriculture Code, is amended to
read as follows:
Sec. 61.010. INSPECTION OF SEED. (a) The Texas A&M
AgriLife Extension Service annually [At the time, place, and to the
extent the department considers necessary, the department] shall
sample, inspect, analyze, and test agricultural and vegetable seed
transported, sold, or offered or exposed for sale in this state for
sowing purposes in order to determine if the seed is in compliance
with this chapter. The service [department] shall promptly notify
of any violation the person who transported, sold, or offered or
exposed the seed for sale.
(b) The Texas A&M AgriLife Extension Service [department]
shall adopt rules governing the methods of sampling, inspection,
analysis, and testing and the tolerances to be allowed in the
administration of this chapter. The service may adopt any other
rules governing agricultural and vegetable seed [rules adopted
shall be in general accord with officially prescribed practice in
interstate commerce].
[(c) In order to gain access to seed or to records from
authorized personnel, the department is entitled to enter any
public or private premises during regular business hours or any
land, water, or air conveyance at any time when the conveyance is
accessible.]
SECTION 3. Section 61.011(a), Agriculture Code, is amended
to read as follows:
(a) A person who sells, or offers, exposes, or otherwise
distributes for sale agricultural seed within this state for
planting purposes shall pay an inspection fee not to exceed $1,000
[in the manner provided by Subsection (b) or (c) of this section. A
person may not use both procedures for fee payment. The person shall
pay the fee during each germination period that the seed remains
offered or exposed for sale. If the germination test has expired on
any seed, the custodian of the seed is responsible for payment of
the fee].
SECTION 4. Section 62.001(1), Agriculture Code, is amended
to read as follows:
(1) "Board" means the Texas A&M AgriLife Extension
Service [State Seed and Plant Board].
SECTION 5. Section 62.004(a), Agriculture Code, is amended
to read as follows:
(a) The board by rule shall adopt standards prescribed by a
national seed and plant certification organization to govern [may
establish, not inconsistent with federal law,] the eligibility of
various kinds and varieties of seed and plants for genetic purity
and identity certification and the procedures for that
certification.
SECTION 6. Section 62.011, Agriculture Code, is amended to
read as follows:
Sec. 62.011. PENALTIES. (a) A person commits an offense if
the person:
(1) sells or offers for sale in this state seed or
plants with labeling or packaging accompanying the seed or plants
using the terms "from officially inspected fields," "state approved
[inspected]," "approved seed," "approved plants," "approved sods,"
"approved trees," "inspected fields," "foundation seed,"
"certified plants," or terms having the same meaning, unless the
seed or plants have been certified as Foundation, Registered, or
Certified seed or plants;
(2) represents himself or herself to be a registered
plant breeder or licensed producer of Foundation, Registered, or
Certified seed or plants unless he or she has been registered or
licensed under this chapter;
(3) sells or offers for sale in this state Foundation,
Registered, or Certified seed or plants that are not in compliance
with this chapter or with the rules adopted under this chapter;
(4) sells or offers for sale seed or plants
represented to be certified in explicit oral or written statements
or by misleading oral or written statements if the seed or plants
have not been certified or have not been certified as being of the
class of which they are represented;
(5) violates Section 62.007(c) of this code; or
(6) violates Section 62.009(c), (d), or (e) of this
code.
(b) An offense under Subsection (a)(1), (a)(2), (a)(5), or
(a)(6) of this section is a Class C misdemeanor.
(c) An offense under Subsection (a)(3) or (a)(4) of this
section is a Class C [B] misdemeanor.
SECTION 7. Section 62.002, Agriculture Code, is repealed.
SECTION 8. This Act takes effect September 1, 2017.