| 2 | | - | (In the Senate - Filed March 1, 2019; March 14, 2019, read |
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| 3 | | - | first time and referred to Committee on Agriculture; |
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| 4 | | - | April 23, 2019, reported favorably by the following vote: Yeas 4, |
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| 5 | | - | Nays 1; April 23, 2019, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 7 | 3 | | |
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| 8 | 4 | | |
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| 9 | 5 | | A BILL TO BE ENTITLED |
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| 10 | 6 | | AN ACT |
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| 11 | 7 | | relating to the administration, implementation, and enforcement of |
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| 12 | 8 | | federal produce safety standards by the Department of Agriculture. |
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| 13 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 10 | | SECTION 1. Sections 91.009(a), (c-1), and (d), Agriculture |
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| 15 | 11 | | Code, are amended to read as follows: |
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| 16 | 12 | | (a) The department shall administer, implement, and enforce |
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| 17 | 13 | | in this state [is the lead agency for the administration, |
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| 18 | 14 | | implementation, and enforcement of, and education and training |
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| 19 | 15 | | relating to,] the United States Food and Drug Administration |
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| 20 | 16 | | Standards for the Growing, Harvesting, Packing, and Holding of |
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| 21 | 17 | | Produce for Human Consumption (21 C.F.R. Part 112) or any successor |
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| 22 | 18 | | federal produce safety rule or standard. |
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| 23 | 19 | | (c-1) The department may enter into a cooperative |
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| 24 | 20 | | agreement, interagency agreement, grant agreement, or memorandum |
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| 25 | 21 | | of understanding with a federal or state agency as necessary to |
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| 26 | 22 | | carry out the department's [for the] administration, |
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| 27 | 23 | | implementation, or enforcement of this section. |
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| 28 | 24 | | (d) The department may adopt rules to administer, |
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| 31 | 27 | | provided by the applicable federal rule or standard described by |
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| 32 | 28 | | Subsection (a). In the development of rules under this section, the |
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| 33 | 29 | | department may consider relevant state, federal, or national |
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| 34 | 30 | | standards and may consult with federal or state agencies. |
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| 35 | 31 | | SECTION 2. This Act takes effect immediately if it receives |
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| 36 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 35 | | Act takes effect September 1, 2019. |
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