Texas 2021 - 87th Regular

Texas Senate Bill SB677 Compare Versions

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

Old	New	Differences
1	1	87R720 BEF-F
2	2	By: Springer S.B. No. 677
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of seed and plant certification in
8	8	this state by the State Seed and Plant Certification Council and the
9	9	Texas Crop Improvement Association.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 61.007, Agriculture Code, is amended by
12	12	adding Subsection (c) to read as follows:
13	13	(c) A person may not:
14	14	(1) sell or offer for sale in this state seed or plants
15	15	with labeling or packaging accompanying the seed or plants using
16	16	the terms "certified seed," "from officially inspected fields,"
17	17	"state crop improvement agency inspected," "approved seed,"
18	18	"approved plants," "approved sods," "approved trees," "inspected
19	19	fields," "foundation seed," "certified plants," or terms having the
20	20	same meaning, unless the seed or plants have been certified by a
21	21	seed certifying agency as Foundation, Registered, or Certified seed
22	22	or plants;
23	23	(2) represent the person to be a registered plant
24	24	breeder or approved producer of Foundation, Registered, or
25	25	Certified seed or plants unless the person has been registered or
26	26	approved by a seed certifying agency;
27	27	(3) sell or offer for sale in this state Foundation,
28	28	Registered, or Certified seed or plants that are not in compliance
29	29	with applicable laws or standards adopted by a seed certifying
30	30	agency; or
31	31	(4) sell or offer for sale seed or plants represented
32	32	to be certified in explicit oral or written statements or by
33	33	misleading oral or written statements if the seed or plants have not
34	34	been certified or have not been certified as being of the class of
35	35	which they are represented by a seed certifying agency.
36	36	SECTION 2. Section 62.001, Agriculture Code, is amended to
37	37	read as follows:
38	38	Sec. 62.001. DEFINITIONS. In this chapter:
39	39	(1) "Association" means the seed certifying agency
40	40	authorized under Section 62.008(a) to certify seed and plants in
41	41	this state ["Board" means the State Seed and Plant Board].
42	42	(2) "Certified [The term "certified] seed" or
43	43	"certified plant" means a seed or plant that has been determined by
44	44	a seed or plant certifying agency to meet agency rules and standards
45	45	as to genetic purity and identity.
46	46	(3) "Council" means the State Seed and Plant
47	47	Certification Council.
48	48	(4) "Plant" includes plant parts.
49	49	SECTION 3. Section 62.002, Agriculture Code, is amended to
50	50	read as follows:
51	51	Sec. 62.002. STATE SEED AND PLANT CERTIFICATION COUNCIL
52	52	[BOARD]. (a) The State Seed and Plant Certification Council [Board
53	53	is an agency of the state. The board] is composed of:
54	54	(1) one individual, appointed by The [the president
55	55	of] Texas A&M University System vice chancellor for agriculture,
56	56	from the Department of Soil [Soils] and Crop Sciences [Department,
57	57	Texas Agricultural Experiment Station], Texas A&M University;
58	58	(2) one individual, appointed by the dean of the
59	59	College of Agricultural Sciences and Natural Resources, [president
60	60	of] Texas Tech University, from the Department of Plant and Soil
61	61	Science [Sciences, Texas Tech University];
62	62	(3) one individual, elected [appointed] by the members
63	63	of the association [commissioner], approved by the council
64	64	[licensed] as a Texas Foundation, Registered, or Certified seed or
65	65	plant producer who is not employed by a public institution;
66	66	(4) one individual, elected [appointed] by the members
67	67	of the association [commissioner], who sells Texas Foundation,
68	68	Registered, or Certified seed or plants;
69	69	(5) one individual, elected [appointed] by the members
70	70	of the association [commissioner], actively engaged in farming but
71	71	not a producer or seller of Texas Foundation, Registered, or
72	72	Certified seed or plants; and
73	73	(6) the head of the association [seed division of the
74	74	department].
75	75	(b) The members described by Subsections (a)(1), (2), and
76	76	(6) serve [An individual appointed from a state university or the
77	77	department serves] on the council [board] as [an] ex officio
78	78	members [member]. A member serves for a term of two years and until
79	79	a successor has qualified. Members serve without compensation but
80	80	are entitled to reimbursement by the association [state] for actual
81	81	expenses incurred in the performance of their duties.
82	82	(c) A member whose employment is terminated with the
83	83	association or the university [agency or department] from which the
84	84	member was appointed or who ceases to be engaged in the business or
85	85	professional activity that the member was elected [appointed] to
86	86	represent vacates membership on the council [board].
87	87	(d) The council shall elect [commissioner shall designate]
88	88	a member of the council [board] as the chair [chairman] to serve in
89	89	that capacity at the pleasure of the council [commissioner]. The
90	90	council [board] annually shall elect a vice chair [vice-chairman]
91	91	and secretary. The council [board] shall meet at times and places
92	92	determined by the chair [chairman].
93	93	[(e) Appointments to the board shall be made without regard
94	94	to the race, color, disability, sex, religion, age, or national
95	95	origin of the appointees.]
96	96	SECTION 4. Sections 62.004(a) and (b), Agriculture Code,
97	97	are amended to read as follows:
98	98	(a) The council [board] may establish, not inconsistent
99	99	with federal law, the eligibility of various kinds and varieties of
100	100	seed and plants for genetic purity and identity certification and
101	101	the procedures for that certification.
102	102	(b) The council [board] may establish standards of genetic
103	103	purity and identity, not inconsistent with federal law, for classes
104	104	of certified seed and plants for which the council [board]
105	105	determines that standards are desirable. In establishing the
106	106	standards, the council [board] may consider all factors affecting
107	107	the quality of seed and plants.
108	108	SECTION 5. Section 62.005, Agriculture Code, is amended to
109	109	read as follows:
110	110	Sec. 62.005. APPROVAL [LICENSING] OF PRODUCERS OF
111	111	FOUNDATION, REGISTERED, OR CERTIFIED SEED. (a) A person who wants
112	112	to produce a certified class of seed or plant for which the council
113	113	[board] has established standards of genetic purity and identity
114	114	may apply to the council for approval [board for licensing] as a
115	115	Foundation, Registered, or Certified producer of seed or plants.
116	116	To be approved [licensed] as a producer, a person must satisfy the
117	117	council [board] that:
118	118	(1) the person [he or she] is of good character and has
119	119	a reputation for honesty;
120	120	(2) the person's [his or her] facilities meet council
121	121	[board] requirements for producing and maintaining seed or plants
122	122	for the certification generations desired; and
123	123	(3) the person [he or she] has met any other council
124	124	[board] requirements as to knowledge of the production or
125	125	maintenance of seed or plants for the certification generations the
126	126	person wishes to produce [for which he or she applies to be
127	127	licensed].
128	128	(b) The council [board] may adopt standards [rules]
129	129	governing the production and handling by approved [licensed]
130	130	producers of certified classes of seed and plants to ensure the
131	131	maintenance of genetic purity and identity.
132	132	(c) Approval [A license] to produce Foundation, Registered,
133	133	or Certified seed or plants is not transferable and is permanent
134	134	unless revoked by the council as a result of a violation of
135	135	applicable law or standards governing the production and handling
136	136	of seed or plants [as provided in this chapter]. A person approved
137	137	[licensed] as a producer of Foundation, Registered, or Certified
138	138	seed or plants is eligible to produce certified seed or plants, as
139	139	applicable [provided in the license], of the class the person is
140	140	approved to produce [for which he or she is licensed] or of any
141	141	lower class of certified seed or plants, as determined by the
142	142	council [board].
143	143	(d) An application for approval [licensing] as a
144	144	Foundation, Registered, or Certified producer of seed or plants
145	145	must be accompanied by a fee, as determined by the council [provided
146	146	by department rule].
147	147	SECTION 6. Section 62.006, Agriculture Code, is amended to
148	148	read as follows:
149	149	Sec. 62.006. REGISTRATION OF PLANT BREEDERS. (a) A person
150	150	engaging in the development, maintenance, or production of seed or
151	151	plants for which standards of genetic purity and identity have been
152	152	established by the council [board] may apply to the council [board]
153	153	for registration as a plant breeder. The applicant shall apply on
154	154	forms prescribed by the council [board] and shall include with the
155	155	application a registration fee, as determined by the council
156	156	[board]. To be registered as a plant breeder, a person must satisfy
157	157	the council [board] that the person is skilled in the science of
158	158	plant breeding. The council [board] may require skill to be shown
159	159	by evidence of accomplishments in the field and may require an oral
160	160	or written examination in the subject.
161	161	(b) A certificate of registration is not transferable and is
162	162	permanent unless revoked by the council as a result of a violation
163	163	of applicable law or standards governing the production and
164	164	handling of seed or plants [as provided in this chapter].
165	165	SECTION 7. Section 62.008, Agriculture Code, is amended to
166	166	read as follows:
167	167	Sec. 62.008. CERTIFICATION OF SEED AND PLANTS. (a) The
168	168	Texas Crop Improvement Association is the seed certifying agency
169	169	authorized to officially certify seed and plants in this state. The
170	170	association shall comply with standards and procedures established
171	171	by the council in accordance with the Federal Seed Act (7 U.S.C.
172	172	Section 1551 et seq.) to assure the genetic purity and identity of
173	173	the seed and plants certified [department is the certifying agency
174	174	in Texas for the certification of seed and plants].
175	175	(a-1) The association shall perform seed and plant
176	176	certification work on a financially self-supporting basis.
177	177	(a-2) The association [department] shall employ a
178	178	sufficient number of inspectors to carry out the inspection
179	179	provisions of this chapter. Inspectors must meet qualifications
180	180	set by the council [board].
181	181	(b) A person who is approved by the council [licensed] as a
182	182	Foundation, Registered, or Certified seed or plant producer or who
183	183	is registered as a plant breeder is eligible to have seed or plants
184	184	of an eligible class and variety certified by the association
185	185	[department]. On request by an approved [a licensed] producer or a
186	186	registered plant breeder to have seed or plants certified, the
187	187	association [department] shall inspect the producer's or
188	188	registrant's fields, facilities, and seed or plants. Inspection
189	189	may include tests approved by the council [board] and carried out by
190	190	inspectors under the authority of the association [department].
191	191	(c) After inspection, if the association [department]
192	192	determines that the production of seed or plants has met the
193	193	standards and requirements [rules] prescribed by the council
194	194	[board], it shall cause to be attached to each container of the
195	195	product a label identifying the seed or plant and the certified
196	196	class and including other information required by law or by the
197	197	council [statute or by rule of the board]. The council [department]
198	198	shall prescribe the format of the label.
199	199	(d) The association [department] shall fix and collect a fee
200	200	for the issuance of a certification label in an amount necessary to
201	201	cover the costs of inspection and labels.
202	202	SECTION 8. Section 62.009, Agriculture Code, is amended to
203	203	read as follows:
204	204	Sec. 62.009. SEED AND PLANTS FROM OUTSIDE THE STATE. (a)
205	205	The council [department] may adopt requirements [rules], including
206	206	testing [requirements] and standards, which must be met before seed
207	207	or plants represented to be of a certified class may be shipped into
208	208	the state for distribution in the state. The requirements [rules]
209	209	adopted shall be designed to ensure buyers in the state of having
210	210	available certified seed and plants of known origin, genetic
211	211	purity, and identity and shall correspond to appropriate standards
212	212	[rules] used in certifying seed and plants produced in Texas.
213	213	(b) The council [department] may require inspections by the
214	214	association of seed and plants represented to be of a certified
215	215	class and shipped into the state for distribution in the state. The
216	216	association [and] may collect fees to cover costs of inspection, as
217	217	determined by the council [department]. The council [department]
218	218	may require inspection fee payment before distribution in the
219	219	state.
220	220	(c) A person may not distribute in this state seed or plants
221	221	represented to be of a certified class and shipped into the state
222	222	for distribution in the state, unless the person has first complied
223	223	with any requirements [rules], including testing [requirements],
224	224	adopted by the council [department] for seed or plants shipped into
225	225	the state.
226	226	(d) A person may not sell or offer for sale in this state
227	227	seed or plants represented to be of a certified class and shipped
228	228	into the state for distribution in the state, unless the seed or
229	229	plants have been certified by an official certifying agency in the
230	230	state, province, or country of origin or have been certified by the
231	231	association [department].
232	232	(e) Seed or plants shipped into the state for distribution
233	233	in the state which are represented to be of a certified class and
234	234	which are found by the association [department] after investigation
235	235	to violate the requirements of this section are restricted from
236	236	distribution[. In addition, the department may order the seed or
237	237	plants in violation confiscated and retained under general
238	238	supervision of the department. An owner or consignee of restricted
239	239	or confiscated seed or plants may appeal the order by filing an
240	240	appeal within 10 days of the order. Appeal is in the county court of
241	241	the county where the seed or plants are restricted or were
242	242	confiscated. The appeal in county court is by trial de novo. If no
243	243	appeal is filed as provided in this section or if after an appeal in
244	244	county court, the department's action is not reversed, the
245	245	department may destroy confiscated seed or plants].
246	246	(f) The council may recognize a certification issued by a
247	247	seed certifying agency in:
248	248	(1) another state or territory of the United States;
249	249	or
250	250	(2) a country, province, or territory not under the
251	251	jurisdiction of the United States government.
252	252	SECTION 9. Chapter 62, Agriculture Code, is amended by
253	253	adding Section 62.0095 to read as follows:
254	254	Sec. 62.0095. COOPERATION WITH GOVERNMENTAL ENTITIES. The
255	255	council or association may request the department or the United
256	256	States Department of Agriculture to investigate or aid in the
257	257	investigation of any violation of this chapter.
258	258	SECTION 10. Sections 64.005(a) and (b), Agriculture Code,
259	259	are amended to read as follows:
260	260	(a) The State Seed and Plant Certification Council [Board],
261	261	as constituted under Section 62.002 [of this code], is the board of
262	262	arbitration for complaints filed under this chapter.
263	263	(b) As a board of arbitration, the State Seed and Plant
264	264	Certification Council [Board] shall conduct arbitration as
265	265	provided by this chapter. The arbitration board may be called into
266	266	session by the Texas Crop Improvement Association [commissioner] or
267	267	the chair [chairman] of the State Seed and Plant Certification
268	268	Council [Board] to consider matters referred to the arbitration
269	269	board by the association [commissioner] or the chair [chairman].
270	270	SECTION 11. Section 64.006(f), Agriculture Code, is amended
271	271	to read as follows:
272	272	(f) In the course of its investigation, the arbitration
273	273	board or any of its members may:
274	274	(1) examine the purchaser and the seller on all
275	275	matters that the arbitration board considers relevant;
276	276	(2) grow to production a representative sample of the
277	277	seed through the facilities of the Texas Crop Improvement
278	278	Association [commissioner] or a designated university under the
279	279	association's [commissioner's] supervision; or
280	280	(3) hold informal hearings at the time and place the
281	281	chair [chairman] of the State Seed and Plant Certification Council
282	282	[Board] directs, with reasonable notice to all parties.
283	283	SECTION 12. The following provisions of the Agriculture
284	284	Code are repealed:
285	285	(1) Section 62.0021;
286	286	(2) Section 62.0022;
287	287	(3) Section 62.0023;
288	288	(4) Section 62.0024;
289	289	(5) Section 62.0025;
290	290	(6) Section 62.0026;
291	291	(7) Section 62.0027;
292	292	(8) Section 62.004(c);
293	293	(9) Section 62.0065;
294	294	(10) Section 62.010;
295	295	(11) Section 62.011; and
296	296	(12) Section 64.005(c).
297	297	SECTION 13. On the effective date of this Act:
298	298	(1) the State Seed and Plant Board is abolished;
299	299	(2) the State Seed and Plant Certification Council and
300	300	the Texas Crop Improvement Association shall assume the powers and
301	301	duties assigned by Chapters 62 and 64, Agriculture Code, as amended
302	302	by this Act; and
303	303	(3) the Department of Agriculture and the former State
304	304	Seed and Plant Board shall transfer all records of the department's
305	305	and board's activities under Chapters 62 and 64, Agriculture Code,
306	306	to the State Seed and Plant Certification Council and the Texas Crop
307	307	Improvement Association.
308	308	SECTION 14. Except for the addition by this Act of Section
309	309	61.007(c), Agriculture Code, the changes in law made by this Act may
310	310	not be construed to affect Chapter 61, Agriculture Code.
311	311	SECTION 15. The changes in law made by this Act apply only
312	312	to an offense committed on or after the effective date of this Act.
313	313	An offense committed before the effective date of this Act is
314	314	governed by the law in effect when the offense was committed, and
315	315	the former law is continued in effect for that purpose. For
316	316	purposes of this section, an offense was committed before the
317	317	effective date of this Act if any element of the offense occurred
318	318	before that date.
319	319	SECTION 16. This Act takes effect January 1, 2022.