Texas 2021 - 87th Regular

Texas House Bill HB1835 Compare Versions

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

Old	New	Differences
1	1	87R2297 MP-D
2	2	By: Canales H.B. No. 1835
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Department of
8	8	Agriculture, the Prescribed Burning Board, and the Texas Boll
9	9	Weevil Eradication Foundation and the abolishment of the Early
10	10	Childhood Health and Nutrition Interagency Council.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 11.003, Agriculture Code, is amended to
13	13	read as follows:
14	14	Sec. 11.003. SUNSET PROVISION. The Department of
15	15	Agriculture is subject to Chapter 325, Government Code (Texas
16	16	Sunset Act). Unless continued in existence as provided by that
17	17	chapter, the department is abolished September 1, 2033 [2021].
18	18	SECTION 2. Section 12.0175, Agriculture Code, is amended to
19	19	read as follows:
20	20	Sec. 12.0175. "GO TEXAN" [GROWN OR PRODUCED IN TEXAS]
21	21	PROGRAM. (a) The department by rule shall [may] establish the "Go
22	22	Texan" program [programs] to promote and encourage the development
23	23	and expansion of markets for Texas [market] agricultural products
24	24	and other products grown, processed, or produced in the state.
25	25	(b) The department may charge a membership fee, as provided
26	26	by department rule, for each participant in the "Go Texan" [a]
27	27	program.
28	28	(c) The department shall [may] adopt rules necessary to
29	29	administer the "Go Texan" [a] program established under this
30	30	section, including rules:
31	31	(1) governing the use of any registered logo of the
32	32	department;
33	33	(2) providing membership eligibility requirements and
34	34	grounds for denial of membership;
35	35	(3) establishing membership categories or tiers; and
36	36	(4) specifying membership benefits.
37	37	(d) The department may revoke or cancel a certificate of
38	38	registration or license issued under the "Go Texan" [a] program
39	39	established under this section if a participant fails to comply
40	40	with a rule adopted by the department.
41	41	(e) In this section, "Texas agricultural product" means an
42	42	agricultural, apicultural, horticultural, silvicultural,
43	43	viticultural, or vegetable product, either in its natural or
44	44	processed state, that has been produced, processed, or otherwise
45	45	had value added to the product in this state, including:
46	46	(1) feed for use by livestock or poultry;
47	47	(2) fish or other aquatic species;
48	48	(3) livestock, a livestock product, or a livestock
49	49	by-product;
50	50	(4) planting seed;
51	51	(5) poultry, a poultry product, or a poultry
52	52	by-product; or
53	53	(6) wildlife processed for food or by-products.
54	54	SECTION 3. Chapter 12, Agriculture Code, is amended by
55	55	adding Section 12.0204 to read as follows:
56	56	Sec. 12.0204. ADVISORY COMMITTEES. (a) The department by
57	57	rule may establish advisory committees to make recommendations to
58	58	the department on programs, rules, and policies administered by the
59	59	department.
60	60	(b) In establishing an advisory committee under this
61	61	section, the department shall adopt rules, including rules
62	62	regarding:
63	63	(1) the purpose, role, responsibility, goals, and
64	64	duration of the committee;
65	65	(2) the size of and quorum requirement for the
66	66	committee;
67	67	(3) qualifications for committee membership;
68	68	(4) appointment procedures for members;
69	69	(5) terms of service for members;
70	70	(6) training requirements for members;
71	71	(7) policies to avoid conflicts of interest by
72	72	committee members;
73	73	(8) a periodic review process to evaluate the
74	74	continuing need for the committee; and
75	75	(9) policies to ensure the committee does not violate
76	76	any provisions of Chapter 551, Government Code, applicable to the
77	77	department or the committee.
78	78	SECTION 4. Chapter 12, Agriculture Code, is amended by
79	79	adding Section 12.0205 to read as follows:
80	80	Sec. 12.0205. COORDINATION OF CONSUMER PROTECTION
81	81	ENFORCEMENT WITH OFFICE OF THE ATTORNEY GENERAL. (a) The
82	82	department and the office of the attorney general shall enter into a
83	83	memorandum of understanding to coordinate the enforcement of
84	84	consumer protection programs.
85	85	(b) The memorandum of understanding shall require the
86	86	department to communicate with the consumer protection division of
87	87	the office of the attorney general before taking final disciplinary
88	88	or enforcement action related to consumer protection.
89	89	SECTION 5. The heading to Section 12.026, Agriculture Code,
90	90	is amended to read as follows:
91	91	Sec. 12.026. PUBLIC INTEREST INFORMATION[; COMPLAINTS].
92	92	SECTION 6. Chapter 12, Agriculture Code, is amended by
93	93	adding Section 12.02601 to read as follows:
94	94	Sec. 12.02601. COMPLAINTS. (a) The department shall
95	95	maintain a system to promptly and efficiently act on complaints
96	96	filed with the department. The department shall maintain
97	97	information about parties to the complaint, the subject matter of
98	98	the complaint, a summary of the results of the review or
99	99	investigation of the complaint, and its disposition.
100	100	(b) The department shall make information available
101	101	describing its procedures for complaint investigation and
102	102	resolution.
103	103	(c) The department shall periodically notify the complaint
104	104	parties of the status of the complaint until final disposition
105	105	unless the notice would jeopardize an investigation.
106	106	SECTION 7. Sections 12.042(a), (b), (c), (e), and (i),
107	107	Agriculture Code, are amended to read as follows:
108	108	(a) The department shall establish a home-delivered meal
109	109	grant program to benefit homebound elderly persons and persons with
110	110	disabilities [disabled people] in this state. The program must be
111	111	designed to help defray the costs of providing home-delivered meals
112	112	that are not fully funded by the Health and Human [Department of
113	113	Aging and Disability] Services Commission or an area agency on
114	114	aging.
115	115	(b) From funds appropriated for that purpose, the
116	116	department shall make grants to qualifying organizations that
117	117	provide home-delivered meals to [the] homebound elderly persons and
118	118	persons with disabilities [disabled]. The department may use not
119	119	more than five percent of those appropriated funds for the
120	120	administration of the grant program.
121	121	(c) An organization applying to the department for a grant
122	122	under this section must:
123	123	(1) be a governmental agency or a nonprofit private
124	124	organization that is exempt from taxation under Section 501(a),
125	125	Internal Revenue Code of 1986, as an organization described by
126	126	Section 501(c)(3) of that code, that is a direct provider of
127	127	home-delivered meals to [the] elderly persons or persons with
128	128	disabilities in this state;
129	129	(2) if it is a nonprofit private organization, have a
130	130	volunteer board of directors;
131	131	(3) practice nondiscrimination;
132	132	(4) have an accounting system or fiscal agent approved
133	133	by the county in which it provides meals;
134	134	(5) have a system to prevent the duplication of
135	135	services to the organization's clients; and
136	136	(6) agree to use funds received under this section
137	137	only to supplement and extend existing services related directly to
138	138	home-delivered meal services.
139	139	(e) The department shall require an organization seeking a
140	140	grant to file an application in a form approved by the department.
141	141	The application must be notarized and signed by the organization's
142	142	executive director and board chair, if applicable, be postmarked
143	143	not later than November 1, and must include:
144	144	(1) the organization's name and address;
145	145	(2) the names and titles of the organization's
146	146	executive director and board chair, if applicable;
147	147	(3) the name of the county in relation to which the
148	148	organization is applying;
149	149	(4) the number of residents at least 60 years of age
150	150	who reside in that county, according to the most recent federal
151	151	decennial census;
152	152	(5) the amount of the grant awarded by that county as
153	153	required by Subsection (d);
154	154	(6) the number of meals the organization delivered to
155	155	elderly persons or [disabled] persons with disabilities in that
156	156	county during the preceding state fiscal year that were not fully
157	157	funded [for] by the Health and Human [Department of Aging and
158	158	Disability] Services Commission or an area agency on aging;
159	159	(7) appropriate documentation demonstrating that the
160	160	organization:
161	161	(A) is a qualifying governmental agency or
162	162	nonprofit private organization;
163	163	(B) has been awarded a grant by the county in
164	164	relation to which the organization is applying, as required by
165	165	Subsection (d); and
166	166	(C) has delivered the number of meals reported
167	167	under Subdivision (6);
168	168	(8) the organization's most recent financial statement
169	169	or audited financial report; and
170	170	(9) a list of the organization's board and officers.
171	171	(i) Not later than February 1 of each year, the department
172	172	shall make a grant to each qualifying organization that has
173	173	submitted an approved application under this section. Subject to
174	174	Subsections (d) and (h), the department shall make grants in an
175	175	amount equal to one dollar for each meal that the organization
176	176	delivered to homebound elderly persons or [disabled] persons with
177	177	disabilities in the county in the preceding state fiscal year that
178	178	was not fully funded [for] by the Health and Human [Department of
179	179	Aging and Disability] Services Commission or an area agency on
180	180	aging. If more than one qualifying organization delivers meals in a
181	181	county, the department shall reduce the grants proportionally to
182	182	each qualifying organization in that county so that the total
183	183	amount of the grants to the organizations does not exceed the amount
184	184	described by Subsection (h).
185	185	SECTION 8. Subchapter A, Chapter 12A, Agriculture Code, is
186	186	amended by adding Sections 12A.004 and 12A.005 to read as follows:
187	187	Sec. 12A.004. INSPECTION AND ENFORCEMENT STRATEGIC PLAN.
188	188	(a) The department shall develop and publish an annual plan for
189	189	each state fiscal year to use the inspection and enforcement
190	190	resources of the department strategically to ensure public safety
191	191	and protect agriculture and consumers in this state.
192	192	(b) The department shall seek input from stakeholders when
193	193	developing each annual plan.
194	194	(c) The department shall collect and maintain information
195	195	that accurately shows the department's inspection and enforcement
196	196	activities. Each annual plan must include a report of the
197	197	information collected by the department that shows the department's
198	198	inspection and enforcement activities over time.
199	199	(d) The information described by Subsection (c) must
200	200	include data regarding violations of statutes or department rules,
201	201	including:
202	202	(1) the number, type, and severity of:
203	203	(A) violations the department found to have
204	204	occurred;
205	205	(B) violations the department referred for
206	206	enforcement to the section of the department responsible for
207	207	enforcement; and
208	208	(C) violations for which the department imposed a
209	209	penalty or took other enforcement action;
210	210	(2) the number of major violations for which the
211	211	department imposed a penalty or took other enforcement action; and
212	212	(3) the number of repeat major violations, categorized
213	213	by license type, if applicable.
214	214	(e) The department shall publish each annual plan on the
215	215	department's Internet website not later than July 1 of the year
216	216	preceding the state fiscal year in which the department implements
217	217	the plan.
218	218	Sec. 12A.005. CRIMINAL HISTORY EVALUATION. The department
219	219	shall perform the duties of a licensing authority under Chapter 53,
220	220	Occupations Code, for each license issued by the department under
221	221	this code or other law, including issuing guidelines under Section
222	222	53.025, Occupations Code.
223	223	SECTION 9. Section 19.005, Agriculture Code, is reenacted
224	224	and amended to read as follows:
225	225	Sec. 19.005. ADVISORY COUNCIL. (a) The commissioner shall
226	226	appoint the advisory council. The advisory council is composed of
227	227	seven members, including:
228	228	(1) one member representing the department;
229	229	(2) one member representing The Texas A&M
230	230	University-Kingsville Citrus Center at Weslaco;
231	231	(3) two members representing the citrus nursery
232	232	industry;
233	233	(4) two members representing citrus growers; and
234	234	(5) one member having specialized knowledge in citrus
235	235	diseases and pests.
236	236	(b) A member serves a two-year term and may be reappointed.
237	237	(c) Members of the advisory council are not eligible for
238	238	reimbursement of expenses arising from service on the advisory
239	239	council.
240	240	(d) Chapter 2110, Government Code, does not apply to the
241	241	duration of the advisory council.
242	242	SECTION 10. Section 41.154, Agriculture Code, is amended to
243	243	read as follows:
244	244	Sec. 41.154. ANNUAL REPORT. The council shall deliver to
245	245	the commissioner [and the appropriate oversight committee in the
246	246	senate and house of representatives] an annual report giving
247	247	details of its efforts to carry out the purposes of this subchapter.
248	248	SECTION 11. Section 45.005(c), Agriculture Code, is amended
249	249	to read as follows:
250	250	(c) The program may undertake agricultural research and
251	251	development projects of mutual benefit that are located in Texas,
252	252	Israel, or any other location considered advisable by the
253	253	department [or suggested by the advisory committee].
254	254	SECTION 12. Section 46.005, Agriculture Code, is amended to
255	255	read as follows:
256	256	Sec. 46.005. DEPARTMENT POWERS AND DUTIES. The department
257	257	shall administer the "Go Texan" Partner Program. The duties of the
258	258	department in administering the program include:
259	259	(1) developing procedures for acceptance and
260	260	administration of funds received to administer the program,
261	261	including appropriations, gifts, license plate revenue, and
262	262	matching funds;
263	263	(2) developing application and selection procedures
264	264	including procedures for soliciting and accepting applications
265	265	[and screening applications for review by the "Go Texan" Partner
266	266	Program Advisory Board];
267	267	(3) developing a general promotional campaign for
268	268	Texas agricultural products and advertising campaigns for specific
269	269	Texas agricultural products based on project requests submitted by
270	270	successful applicants;
271	271	(4) developing advertising programs and promotional
272	272	materials for use by program participants and establishing
273	273	guidelines on advertising activities by participants;
274	274	(5) contracting with media representatives for the
275	275	purpose of dispersing promotional materials; and
276	276	(6) receiving matching funds from program
277	277	participants and donations or grants from any source, and
278	278	establishing internal reporting requirements for use of funds.
279	279	SECTION 13. Section 46.011, Agriculture Code, is amended to
280	280	read as follows:
281	281	Sec. 46.011. CRITERIA FOR ALLOCATION OF FUNDS. The
282	282	department shall by rule [and with the advice of the board]
283	283	establish criteria for allocation of funds to participant projects.
284	284	Rules adopted under this section must include:
285	285	(1) the factors to be considered in evaluating
286	286	projects; and
287	287	(2) a maximum funding amount for each project.
288	288	SECTION 14. Section 47.052(b), Agriculture Code, is amended
289	289	to read as follows:
290	290	(b) The commissioner[, in consultation with the advisory
291	291	committee established under Section 47.053,] shall adopt rules as
292	292	necessary to implement the program.
293	293	SECTION 15. Section 50B.0025, Agriculture Code, is amended
294	294	to read as follows:
295	295	Sec. 50B.0025. ANNUAL PLAN AND BUDGET. Not later than
296	296	November 1 of each year, the commissioner shall prepare for the
297	297	current fiscal year:
298	298	(1) a [the] schedule and plan of action designed to
299	299	implement and further the objectives of this chapter and Chapter
300	300	110, Alcoholic Beverage Code; and
301	301	(2) a budget and prioritized spending plan for
302	302	expenditures of the wine industry development fund [described by
303	303	Section 50B.002(g), considering the recommendations of the
304	304	committee under that section and following them to the extent the
305	305	commissioner considers appropriate].
306	306	SECTION 16. Sections 62.002(a) and (b), Agriculture Code,
307	307	are amended to read as follows:
308	308	(a) The State Seed and Plant Board is an agency of the state.
309	309	The board is composed of:
310	310	(1) one individual, appointed by the president of
311	311	Texas A&M University, from the Soils and Crop Sciences Department,
312	312	Texas Agricultural Experiment Station, Texas A&M University;
313	313	(2) one individual, appointed by the president of
314	314	Texas Tech University, from the Department of Plant and Soil
315	315	Sciences, Texas Tech University;
316	316	(3) one individual, appointed by the commissioner,
317	317	licensed as a Texas Foundation, Registered, or Certified seed or
318	318	plant producer who is not employed by a public institution;
319	319	(4) one individual, appointed by the commissioner, who
320	320	sells Texas Foundation, Registered, or Certified seed or plants;
321	321	and
322	322	(5) one individual, appointed by the commissioner,
323	323	actively engaged in farming but not a producer or seller of Texas
324	324	Foundation, Registered, or Certified seed or plants[; and
325	325	[(6) the head of the seed division of the department].
326	326	(b) An individual appointed from a state university [or the
327	327	department] serves on the board as an ex officio member. A member
328	328	serves for a term of two years and until a successor has qualified.
329	329	Members serve without compensation but are entitled to
330	330	reimbursement by the state for actual expenses incurred in the
331	331	performance of their duties.
332	332	SECTION 17. Section 62.005(a), Agriculture Code, is amended
333	333	to read as follows:
334	334	(a) A person who wants to produce a certified class of seed
335	335	or plant for which the board has established standards of genetic
336	336	purity and identity may apply to the board for licensing as a
337	337	Foundation, Registered, or Certified producer of seed or plants.
338	338	To be licensed as a producer, a person must satisfy the board that:
339	339	(1) [he or she is of good character and has a
340	340	reputation for honesty;
341	341	[(2)] his or her facilities meet board requirements
342	342	for producing and maintaining seed or plants for the certification
343	343	generations desired; and
344	344	(2) [(3)] he or she has met any other board
345	345	requirements as to knowledge of the production or maintenance of
346	346	seed or plants for the certification generations for which he or she
347	347	applies to be licensed.
348	348	SECTION 18. Section 74.0031(d), Agriculture Code, is
349	349	amended to read as follows:
350	350	(d) The department shall set a cotton stalk destruction
351	351	deadline for each pest management zone, with consideration given to
352	352	the recommendations of the foundation [and the applicable
353	353	administrative committee submitted under Subsection (b)].
354	354	SECTION 19. Sections 74.0032(b) and (c), Agriculture Code,
355	355	are amended to read as follows:
356	356	(b) If adverse weather conditions or other good cause
357	357	exists, the Texas Boll Weevil Eradication Foundation
358	358	[administrative committee that governs the applicable pest
359	359	management zone] may request that the department grant an extension
360	360	of the cotton stalk destruction deadline for any specified part of
361	361	the pest management zone or for the entire pest management zone. A
362	362	request under this subsection must be made within the period
363	363	specified by department rule. A field is not subject to a hostable
364	364	cotton fee if the department grants an extension of the deadline.
365	365	The Texas Boll Weevil Eradication Foundation shall submit to the
366	366	department an estimate of the amount by which an extension under
367	367	this subsection will increase the cost of administering the boll
368	368	weevil eradication program.
369	369	(c) If the Texas Boll Weevil Eradication Foundation
370	370	[applicable administrative committee] does not request an
371	371	extension, or if the department denies a request for an extension of
372	372	the cotton stalk destruction deadline for a specified part of a pest
373	373	management zone, a cotton grower may apply for an individual
374	374	extension of the deadline. A request under this subsection must be
375	375	made within the period specified by department rule.
376	376	SECTION 20. Section 74.004(a), Agriculture Code, is amended
377	377	to read as follows:
378	378	(a) The [On petition of the administrative committee of a
379	379	pest management zone, the] department may establish regulated
380	380	areas, dates, and appropriate methods of destruction of stalks,
381	381	other parts, and products of host plants for cotton pests,
382	382	including requirements for destruction of foliage, fruiting
383	383	structures, and root systems of host plants after the harvest
384	384	deadline.
385	385	SECTION 21. Section 74.0041, Agriculture Code, is amended
386	386	to read as follows:
387	387	Sec. 74.0041. REGULATION OF PLANTING DATES. The [On
388	388	petition of the administrative committee of a pest management zone,
389	389	the] department may establish uniform planting dates for host
390	390	plants.
391	391	SECTION 22. Subchapter D, Chapter 74, Agriculture Code, is
392	392	amended by adding Section 74.1091 to read as follows:
393	393	Sec. 74.1091. SEPARATION OF RESPONSIBILITIES. The board
394	394	shall develop and implement policies that clearly separate the
395	395	policy-making responsibilities of the board and the management
396	396	responsibilities of the chief executive officer and staff of the
397	397	foundation.
398	398	SECTION 23. Section 74.127(a), Agriculture Code, is amended
399	399	to read as follows:
400	400	(a) The board of directors of the official cotton growers'
401	401	boll weevil eradication foundation is subject to Chapter 325,
402	402	Government Code (Texas Sunset Act). Unless continued in existence
403	403	as provided by that chapter, the board is abolished and this
404	404	subchapter expires September 1, 2033 [2021].
405	405	SECTION 24. Subchapter D, Chapter 74, Agriculture Code, is
406	406	amended by adding Section 74.132 to read as follows:
407	407	Sec. 74.132. COMPLAINTS. (a) The foundation shall
408	408	maintain a system to promptly and efficiently act on complaints
409	409	filed with the foundation. The foundation shall maintain
410	410	information about parties to the complaint, the subject matter of
411	411	the complaint, a summary of the results of the review or
412	412	investigation of the complaint, and its disposition.
413	413	(b) The foundation shall make information available
414	414	describing its procedures for complaint investigation and
415	415	resolution.
416	416	(c) The foundation shall periodically notify the complaint
417	417	parties of the status of the complaint until final disposition
418	418	unless the notice would jeopardize an investigation.
419	419	SECTION 25. The heading to Section 134.002, Agriculture
420	420	Code, is amended to read as follows:
421	421	Sec. 134.002. SUPPORT OF AQUACULTURE [PROGRAM].
422	422	SECTION 26. Section 134.004, Agriculture Code, is amended
423	423	to read as follows:
424	424	Sec. 134.004. CONTRACTS. The department, the Texas
425	425	[Natural Resource Conservation] Commission on Environmental
426	426	Quality, the Texas Animal Health Commission, and the Parks and
427	427	Wildlife Department may contract with state, federal, or private
428	428	entities for assistance in carrying out the purposes of this
429	429	chapter.
430	430	SECTION 27. The heading to Subchapter B, Chapter 134,
431	431	Agriculture Code, is amended to read as follows:
432	432	SUBCHAPTER B. AQUACULTURE REQUIREMENTS [LICENSE]
433	433	SECTION 28. Section 134.013, Agriculture Code, is amended
434	434	to read as follows:
435	435	Sec. 134.013. ADDITIONAL REQUIREMENTS FOR SHRIMP
436	436	PRODUCTION WITHIN THE COASTAL ZONE. (a) A commercial aquaculture
437	437	facility located within the coastal zone and engaged in the
438	438	production of shrimp must:
439	439	(1) [must] obtain a site-specific wastewater
440	440	discharge permit from the Texas [Natural Resource Conservation]
441	441	Commission on Environmental Quality before the facility may
442	442	discharge wastewater if the facility will discharge wastewater or
443	443	another substance into waters in the state;
444	444	(2) [must] provide the report described in Subsection
445	445	(b) to the Texas Commission on Environmental Quality [and is
446	446	subject to the review described in Section 134.031(c) if the
447	447	aquaculture facility applies for a site-specific discharge
448	448	permit];
449	449	(3) [must] obtain an amendment to its site-specific
450	450	discharge permit from the Texas [Natural Resource Conservation]
451	451	Commission on Environmental Quality before the facility may
452	452	increase the amount of discharge or change the nature of the
453	453	discharge above levels allowed by the wastewater discharge permit
454	454	issued by the Texas [Natural Resource Conservation] Commission on
455	455	Environmental Quality, except as otherwise provided by Section
456	456	26.0191, Water Code; and
457	457	(4) [must] provide the report described by Subsection
458	458	(b) [and is subject to the review described in Section 134.031(c)]
459	459	before the facility may increase the amount of discharge, or change
460	460	the nature of the discharge above levels allowed by the wastewater
461	461	discharge permit issued by the Texas [Natural Resource
462	462	Conservation] Commission on Environmental Quality, except as
463	463	otherwise provided by Section 26.0191, Water Code.
464	464	(b) Before issuing a permit [license] to a new aquaculture
465	465	facility designed for the commercial production of shrimp that will
466	466	discharge wastewater into waters in the state within the coastal
467	467	zone, the Texas Commission on Environmental Quality [department]
468	468	shall require the applicant to provide a report describing the
469	469	existing environmental conditions at the proposed site, including
470	470	aquatic habitat and the conditions of the waters in the state into
471	471	which a discharge is proposed. The report must provide an
472	472	assessment of any potential impacts of wastewater discharges on
473	473	sensitive aquatic habitats in the area of the proposed site,
474	474	significant impacts related to the construction or operation of the
475	475	facility, and any mitigation actions proposed by the applicant.
476	476	(c) The applicant must provide the report required under
477	477	Subsection (b) to the [Texas Natural Resource Conservation
478	478	Commission and the] Parks and Wildlife Department. The Texas
479	479	[Natural Resource Conservation] Commission on Environmental
480	480	Quality may not issue a wastewater discharge permit to a new
481	481	aquaculture facility designed for the commercial production of
482	482	shrimp and located within the coastal zone without consideration of
483	483	the report described by Subsection (b).
484	484	(d) In coordination with [the department and] the Parks and
485	485	Wildlife Department, the Texas [Natural Resource Conservation]
486	486	Commission on Environmental Quality shall establish guidelines
487	487	relating to the report required by Subsection (b) that:
488	488	(1) give public notice as to what the reporting
489	489	requirements include; and
490	490	(2) minimize duplication of reporting requirements
491	491	and other requirements related to the application for a wastewater
492	492	discharge permit.
493	493	SECTION 29. Section 134.016(a), Agriculture Code, is
494	494	amended to read as follows:
495	495	(a) The operator [holder] of a commercial [an] aquaculture
496	496	facility [license] shall maintain a record of sales of cultured
497	497	species for at least [a period of time of not less than] one year.
498	498	The record is open for inspection by designated employees of the
499	499	Parks and Wildlife Department [and the department] during normal
500	500	business hours.
501	501	SECTION 30. Section 134.017, Agriculture Code, is amended
502	502	to read as follows:
503	503	Sec. 134.017. CULTURE AND SALE OF CULTURED SPECIES.
504	504	Cultured species of any kind, size, or number may be raised,
505	505	possessed, transported, and sold anywhere, at any time, to any
506	506	person, for any purpose by the operator [holder] of a commercial
507	507	[an] aquaculture facility [license] unless prohibited by the Parks
508	508	and Wildlife Code or regulation.
509	509	SECTION 31. Section 134.018, Agriculture Code, is amended
510	510	to read as follows:
511	511	Sec. 134.018. [LICENSE NOT REQUIRED FOR] SALE OF CERTAIN
512	512	FISH. (a) This section applies to [An aquaculture license is not
513	513	required for] the sale of fish:
514	514	(1) that are not on the Parks and Wildlife Department's
515	515	list of exotic fish, shellfish, and aquatic plants;
516	516	(2) collected from a private facility on private land
517	517	by a person who operates a commercial [holds an] aquaculture
518	518	facility [license];
519	519	(3) by the owner of the private facility from which the
520	520	fish were collected;
521	521	(4) to manage the fish population in the private
522	522	facility; and
523	523	(5) to a person who operates a commercial [holds an]
524	524	aquaculture facility [license].
525	525	(b) Not later than the 30th day after the sale of fish under
526	526	this section, a [the] buyer who operates a commercial [holds an]
527	527	aquaculture facility [license] shall submit a copy of the invoice
528	528	for the sale to the Parks and Wildlife Department. The seller and
529	529	the buyer shall maintain a record of the sale for not less than one
530	530	year. The record must contain at least:
531	531	(1) the invoice number;
532	532	(2) the date of the sale;
533	533	(3) the name and address of the seller;
534	534	(4) the physical location of the facility from which
535	535	the fish were collected;
536	536	(5) the buyer's name and [,] address[,] and the name
537	537	and address of the buyer's commercial aquaculture facility [license
538	538	number of the buyer]; and
539	539	(6) the number of fish sold.
540	540	(c) Sections 66.020 and 66.111, Parks and Wildlife Code, do
541	541	not apply to a sale under this section.
542	542	SECTION 32. Section 134.023(b), Agriculture Code, is
543	543	amended to read as follows:
544	544	(b) A person who violates Section [134.019 or] 134.020
545	545	commits an offense that is a Class B misdemeanor.
546	546	SECTION 33. Sections 134.031(a), (b), (c), (d), (e), (f),
547	547	and (g), Agriculture Code, are amended to read as follows:
548	548	(a) The [department, the] Texas [Natural Resource
549	549	Conservation] Commission on Environmental Quality[,] and the Parks
550	550	and Wildlife Department shall enter into a memorandum of
551	551	understanding for the regulation of matters related to aquaculture.
552	552	(b) The Texas [Natural Resource Conservation] Commission on
553	553	Environmental Quality, after receiving an application for a
554	554	wastewater discharge authorization from an aquaculture facility,
555	555	shall provide a copy of the application to the [department and the]
556	556	Parks and Wildlife Department.
557	557	(c) The [department, the] Texas [Natural Resource
558	558	Conservation] Commission on Environmental Quality[,] and the Parks
559	559	and Wildlife Department shall [each appoint one member of a
560	560	three-member application review committee to review the wastewater
561	561	discharge authorization application to] ensure that the proposed
562	562	discharge will not adversely affect a bay, an estuary, or other
563	563	waters in the state.
564	564	(d) The Parks and Wildlife Department, in consultation with
565	565	the Texas [Natural Resource Conservation] Commission on
566	566	Environmental Quality, may establish general guidelines that
567	567	identify sensitive aquatic habitat within the coastal zone. The
568	568	general guidelines must include factors such as the presence of sea
569	569	grass beds, depth of receiving waters, and amount of tidal
570	570	exchange.
571	571	(e) If the Parks and Wildlife Department establishes the
572	572	guidelines described in Subsection (d), the Parks and Wildlife
573	573	Department must provide the guidelines to the Texas [Natural
574	574	Resource Conservation] Commission on Environmental Quality [and
575	575	the department].
576	576	(f) If the Parks and Wildlife Department has established the
577	577	guidelines described in Subsection (d), the Texas [Natural Resource
578	578	Conservation] Commission on Environmental Quality must consider
579	579	the guidelines when reviewing wastewater discharge authorization
580	580	applications for new aquaculture facilities located within the
581	581	coastal zone, or expansion of existing facilities located within
582	582	the coastal zone if the expansion will increase the amount of
583	583	discharge, or change the nature of the discharge, above levels
584	584	allowed by the wastewater discharge permit.
585	585	(g) In developing the guidelines under Subsection (d)
586	586	applicable to aquaculture facilities engaged in the production of
587	587	shrimp in the coastal zone, the Parks and Wildlife Department, in
588	588	consultation with the Texas [Natural Resource Conservation]
589	589	Commission on Environmental Quality, shall consider the best
590	590	management practices that the facilities developed under the
591	591	direction of the Texas [Natural Resource Conservation] Commission
592	592	on Environmental Quality.
593	593	SECTION 34. Section 110.002(b), Alcoholic Beverage Code, is
594	594	amended to read as follows:
595	595	(b) The commissioner[, in consultation with the advisory
596	596	committee established under Section 50B.002, Agriculture Code,]
597	597	shall adopt rules as necessary to implement the program.
598	598	SECTION 35. Section 153.046, Natural Resources Code, is
599	599	amended to read as follows:
600	600	Sec. 153.046. DUTIES. The board by rule shall establish:
601	601	(1) [establish] standards for prescribed burning;
602	602	(2) [develop] a comprehensive training curriculum for
603	603	certified and insured prescribed burn managers;
604	604	(3) [establish] standards for certification,
605	605	recertification, and training for certified and insured prescribed
606	606	burn managers;
607	607	(4) [establish] minimum education and professional
608	608	requirements for instructors for the approved curriculum; and
609	609	(5) [establish] insurance requirements for certified
610	610	and insured prescribed burn managers in amounts not less than those
611	611	required by Section 153.082.
612	612	SECTION 36. Section 153.048, Natural Resources Code, is
613	613	amended by adding Subsection (f) to read as follows:
614	614	(f) The board may waive any prerequisite to obtaining
615	615	certification for an applicant after reviewing the applicant's
616	616	credentials and determining that the applicant holds a valid
617	617	certification from another state that has certification
618	618	requirements substantially equivalent to those of this state.
619	619	SECTION 37. Section 153.101, Natural Resources Code, is
620	620	amended to read as follows:
621	621	Sec. 153.101. COMPLAINTS. The department shall receive and
622	622	process complaints concerning certified and insured prescribed
623	623	burn managers in the manner described by Sections [Section] 12.026
624	624	and 12.02601, Agriculture Code, and rules adopted under those
625	625	sections [that section].
626	626	SECTION 38. Section 153.102(b), Natural Resources Code, is
627	627	amended to read as follows:
628	628	(b) The board [department] by rule shall adopt a schedule of
629	629	the disciplinary sanctions that the department shall [may] impose
630	630	under this chapter. In adopting the schedule of sanctions, the
631	631	board [department] shall ensure that the severity of the sanction
632	632	imposed is appropriate to the type of violation or conduct that is
633	633	the basis for disciplinary action.
634	634	SECTION 39. Section 43.551, Parks and Wildlife Code, is
635	635	amended to read as follows:
636	636	Sec. 43.551. PERMIT FOR THE TAKING OF BROOD STOCK BY
637	637	COMMERCIAL AQUACULTURE FACILITIES [FISH FARMERS]. The department
638	638	may issue a permit to an operator of a commercial aquaculture
639	639	facility as defined by Section 134.001, Agriculture Code, [a
640	640	licensed fish farmer] that authorizes the operator [fish farmer] to
641	641	take a specified quantity of fish brood stock from specified public
642	642	water.
643	643	SECTION 40. Section 43.553(a), Parks and Wildlife Code, is
644	644	amended to read as follows:
645	645	(a) A [The] permit under this subchapter may allow the
646	646	operator of a commercial aquaculture facility [fish farmer] to take
647	647	a specified quantity of fish brood stock reasonably necessary for
648	648	the operation of the aquaculture facility [fish farm] but limited
649	649	to the extent necessary to protect the availability of fish in
650	650	public water.
651	651	SECTION 41. Section 43.554, Parks and Wildlife Code, is
652	652	amended to read as follows:
653	653	Sec. 43.554. FEES. The commission shall charge the
654	654	operator of a commercial aquaculture facility [a fish farmer] a fee
655	655	equal to the value of the fish authorized to be taken under this
656	656	subchapter.
657	657	SECTION 42. Section 47.009(c), Parks and Wildlife Code, is
658	658	amended to read as follows:
659	659	(c) An operator of a commercial [A person who has an]
660	660	aquaculture [license for a Texas aquaculture] facility as defined
661	661	by [under] Section 134.001 [134.011], Agriculture Code, is not
662	662	required to obtain or possess a wholesale fish dealer's license if
663	663	the operator's [person's] business activities with regard to the
664	664	sale of aquatic products involve aquatic products raised on the
665	665	operator's commercial [person's] aquaculture facility only.
666	666	SECTION 43. Section 47.0091, Parks and Wildlife Code, is
667	667	amended to read as follows:
668	668	Sec. 47.0091. PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE
669	669	FISH DEALERS. No wholesale fish dealer may purchase for resale or
670	670	receive for sale, barter, exchange, or any other commercial purpose
671	671	any aquatic product from any person or entity in this state unless
672	672	the dealer [he] purchases the product from the operator of a
673	673	commercial aquaculture facility as defined by Section 134.001,
674	674	Agriculture Code, or the holder of:
675	675	(1) a general commercial fisherman's license;
676	676	(2) a commercial oyster fisherman's license;
677	677	(3) a commercial oyster boat license;
678	678	(4) a wholesale fish dealer's license;
679	679	(5) [a fish farmer's license;
680	680	[(6)] a commercial shrimp boat license;
681	681	(6) [(7)] a commercial oyster boat captain's license;
682	682	(7) [(8)] a commercial shrimp boat captain's license;
683	683	(8) [(9)] a commercial crab fisherman's license;
684	684	(9) [(10)] a commercial finfish fisherman's license;
685	685	(10) [(11)] a commercial gulf shrimp unloading
686	686	license; or
687	687	(11) [(12)] a cultivated oyster mariculture permit.
688	688	SECTION 44. Section 47.010(b), Parks and Wildlife Code, is
689	689	amended to read as follows:
690	690	(b) A resident who operates a [holds a fish farm] vehicle
691	691	used to transport cultured species from a private facility, as
692	692	those terms are defined by [license under] Section 134.001
693	693	[134.012], Agriculture Code, and sells cultured species from the
694	694	vehicle is not required to obtain a license for the vehicle under
695	695	this section if the vehicle is used with regard to the sale or
696	696	transportation of only aquatic products raised on a commercial
697	697	[licensed Texas] aquaculture facility belonging to the operator
698	698	[owner] of the vehicle.
699	699	SECTION 45. Section 47.011(c), Parks and Wildlife Code, is
700	700	amended to read as follows:
701	701	(c) An operator of a commercial [A person with an]
702	702	aquaculture [license for a Texas aquaculture] facility as defined
703	703	by [under] Section 134.001 [134.011], Agriculture Code, is not
704	704	required to obtain or possess a retail fish dealer's license if the
705	705	operator's [person's] business activities with regard to the sale
706	706	of aquatic products involve aquatic products raised on the
707	707	operator's commercial [person's] aquaculture facility only.
708	708	SECTION 46. Section 47.0111, Parks and Wildlife Code, is
709	709	amended to read as follows:
710	710	Sec. 47.0111. PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH
711	711	DEALERS. No retail fish dealer may purchase for resale or receive
712	712	for sale, barter, exchange, or any other commercial purposes any
713	713	aquatic products from any person or entity in this state unless the
714	714	dealer [he] purchases the product from the operator of a commercial
715	715	aquaculture facility as defined by Section 134.001, Agriculture
716	716	Code, or the holder of:
717	717	(1) a wholesale fish dealer's license; or
718	718	(2) a general commercial fisherman's license, a
719	719	commercial shrimp boat license, a commercial shrimp boat captain's
720	720	license, a commercial gulf shrimp unloading license, a commercial
721	721	crab fisherman's license, or a commercial finfish fisherman's
722	722	license when the retail fish dealer has given written notification
723	723	to the director or the director's [his] designee of the dealer's
724	724	intent to purchase aquatic products from the holder of a general
725	725	commercial fisherman's license, a commercial shrimp boat license, a
726	726	commercial shrimp boat captain's license, a commercial crab
727	727	fisherman's license, or a commercial finfish fisherman's license[;
728	728	or
729	729	[(3) a fish farmer's license].
730	730	SECTION 47. Section 47.012, Parks and Wildlife Code, is
731	731	amended to read as follows:
732	732	Sec. 47.012. PURCHASE OF AQUATIC PRODUCTS BY RESTAURANT
733	733	OWNER, OPERATOR, OR EMPLOYEE. No restaurant owner, operator, or
734	734	employee may purchase for consumption by the restaurant's patrons
735	735	on the restaurant's premises any aquatic product from any person or
736	736	entity in this state unless the person purchases the aquatic
737	737	product from the operator of a commercial aquaculture facility as
738	738	defined by Section 134.001, Agriculture Code, or the holder of:
739	739	(1) a wholesale fish dealer's license;
740	740	(2) a general commercial fisherman's license;
741	741	(3) [a fish farmer's license;
742	742	[(4)] a commercial shrimp boat license;
743	743	(4) [(5)] a commercial shrimp boat captain's license;
744	744	(5) [(6)] a commercial crab fisherman's license;
745	745	(6) [(7)] a commercial finfish fisherman's license; or
746	746	(7) [(8)] a commercial gulf shrimp unloading license.
747	747	SECTION 48. Section 47.013(c), Parks and Wildlife Code, is
748	748	amended to read as follows:
749	749	(c) A resident who operates [owns] a vehicle used to
750	750	transport cultured species from a private facility, as those terms
751	751	are defined by [licensed under] Section 134.001 [134.012],
752	752	Agriculture Code, and sells cultured species from the vehicle is
753	753	not required to obtain a license for the vehicle under this section
754	754	when the vehicle is used with regard to the sale or transportation
755	755	of only aquatic products raised on a commercial [licensed Texas]
756	756	aquaculture facility belonging to the operator [owner] of the
757	757	vehicle.
758	758	SECTION 49. Section 47.014(c), Parks and Wildlife Code, is
759	759	amended to read as follows:
760	760	(c) An operator of a commercial [A person who has an]
761	761	aquaculture [license for a Texas aquaculture] facility as defined
762	762	by [under] Section 134.001 [134.011], Agriculture Code, is not
763	763	required to obtain or possess a bait dealer's license if the
764	764	operator's [person's] business activities with regard to the sale
765	765	of aquatic products for bait involve only aquatic products raised
766	766	on the operator's commercial [person's] aquaculture facility.
767	767	SECTION 50. Sections 66.007(d) and (f), Parks and Wildlife
768	768	Code, are amended to read as follows:
769	769	(d) An operator of a commercial aquaculture facility as
770	770	defined by Section 134.001, Agriculture Code, [A fish farmer] may
771	771	import, possess, or sell harmful or potentially harmful exotic fish
772	772	species as provided by Section 134.020, Agriculture Code.
773	773	(f) An operator of a commercial aquaculture facility as
774	774	defined by Section 134.001, Agriculture Code, [A fish farmer] may
775	775	not import, possess, propagate, or transport exotic shellfish
776	776	unless the operator [fish farmer] furnishes evidence required by
777	777	the department showing that the shellfish are free of disease.
778	778	SECTION 51. Section 66.020(b), Parks and Wildlife Code, is
779	779	amended to read as follows:
780	780	(b) This section applies to the possession, transportation,
781	781	sale, or purchase of any fish described by Subsection (a) [of this
782	782	section] without regard to where the fish was taken, caught, or
783	783	raised, but does not apply to:
784	784	(1) the transportation or possession of fish taken,
785	785	caught, or raised outside this state and transported by common
786	786	carrier without being unloaded from outside this state to a point of
787	787	delivery outside this state;
788	788	(2) fish raised by being continuously fed a prepared
789	789	feed and sold by an operator of a commercial aquaculture facility,
790	790	[licensed Texas fish farmer if marked and identified] as defined by
791	791	Section 134.001 [required under Chapter 134], Agriculture Code; or
792	792	(3) the lawful importation by the holder of a Texas
793	793	finfish import license into this state from another state or
794	794	foreign country of farm-raised red drum, bass of the genus
795	795	Micropterus, crappie, flathead catfish, striped bass, white bass,
796	796	or a hybrid of any of those fish that have been continuously fed a
797	797	prepared feed as a primary food source or lawfully taken, caught, or
798	798	raised blue marlin, jewfish, longbill spearfish, muskellunge,
799	799	northern pike, sailfish, sauger, snook, spotted sea trout, tarpon,
800	800	walleye, white marlin, yellow bass, or a hybrid of any of those
801	801	fish, if the fish are transported or sold when not alive and are
802	802	tagged, invoiced, packaged, and labeled under regulations of the
803	803	commission and if the license holder complies with any requirements
804	804	the commission may establish by proclamation that the fish enter
805	805	the stream of commerce for sale in this state in a condition
806	806	allowing ready identification of the species, including a
807	807	requirement that the fish come into the state with the head and tail
808	808	intact and tagged and a requirement that an invoice accompany all
809	809	imported fish regulated by this section through each sales
810	810	transaction, including transactions at the place of the final sale
811	811	to the consumer.
812	812	SECTION 52. Section 66.111(b), Parks and Wildlife Code, is
813	813	amended to read as follows:
814	814	(b) Subsection (a) [of this section] does not apply to:
815	815	(1) a fish, other than a bass of the genus Micropterus,
816	816	reared in private water by an operator of a commercial aquaculture
817	817	facility, as defined by Section 134.001, Agriculture Code [under a
818	818	fish farmer's license];
819	819	(2) a fish possessed legally outside this state and
820	820	transported into this state;
821	821	(3) bass of the genus Micropterus reared in private
822	822	water by an operator of a commercial aquaculture facility, as
823	823	defined by Section 134.001, Agriculture Code, [under a fish
824	824	farmer's license] and marketed for the purpose of stocking the
825	825	water of this state;
826	826	(4) nongame fish regulated under Chapter 67 of this
827	827	code; or
828	828	(5) channel catfish of more than 14 inches in length or
829	829	blue catfish of more than 14 inches in length taken from the public
830	830	fresh water of Angelina, Bowie, Camp, Cass, Chambers, Franklin,
831	831	Freestone, Gregg, Hardin, Harris, Harrison, Jasper, Jefferson,
832	832	Lamar, Leon, Liberty, Madison, Marion, Montgomery, Morris,
833	833	Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Red River,
834	834	Sabine, San Augustine, San Jacinto, Shelby, Titus, Trinity, Tyler,
835	835	Upshur, or Walker County, the public fresh water of the Neches or
836	836	Trinity River in Houston County, the public fresh water of the
837	837	Colorado River in Bastrop, Colorado, Fayette, Matagorda, or Wharton
838	838	County, or the public fresh water of Falcon Lake in Starr or Zapata
839	839	County.
840	840	SECTION 53. The following provisions are repealed:
841	841	(1) Sections 12.0178, 12.026(c) and (d), 15.006,
842	842	45.009, 46.010, 47.051(1), 47.053, 49.006, 50B.002, 74.003(d),
843	843	74.0031(a), 74.120(d), 102.167(e), 134.003, 134.005(b), 134.006,
844	844	134.011, 134.012, 134.014, 134.015, and 134.019, Agriculture Code;
845	845	(2) Chapter 42, Agriculture Code;
846	846	(3) Subchapter P, Chapter 487, Government Code;
847	847	(4) Subchapter R, Chapter 487, Government Code; and
848	848	(5) Chapter 116, Health and Safety Code.
849	849	SECTION 54. (a) On the effective date of this Act, a
850	850	license issued under former Section 134.011 or 134.012, Agriculture
851	851	Code, expires.
852	852	(b) As soon as practicable after the effective date of this
853	853	Act, the Department of Agriculture shall repeal all rules relating
854	854	to a license issued under former Section 134.011 or 134.012,
855	855	Agriculture Code.
856	856	(c) The repeal by this Act of Sections 134.011 and 134.012,
857	857	Agriculture Code, does not affect the validity of a proceeding
858	858	pending before a court or other governmental entity on the
859	859	effective date of this Act.
860	860	SECTION 55. Not later than January 1, 2022, the
861	861	commissioner of agriculture shall appoint the members of the citrus
862	862	budwood advisory council under Section 19.005, Agriculture Code, as
863	863	reenacted and amended by this Act. The advisory council is
864	864	re-created on the date the commissioner of agriculture makes the
865	865	appointments required by this section, notwithstanding any
866	866	previous abolishment under Section 2110.008, Government Code.
867	867	SECTION 56. The changes in law made by this Act apply only
868	868	to an offense committed on or after the effective date of this Act.
869	869	An offense committed before the effective date of this Act is
870	870	governed by the law in effect when the offense was committed, and
871	871	the former law is continued in effect for that purpose. For
872	872	purposes of this section, an offense was committed before the
873	873	effective date of this Act if any element of the offense occurred
874	874	before that date.
875	875	SECTION 57. This Act takes effect September 1, 2021.