Texas 2021 - 87th Regular

Texas Senate Bill SB703 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 703
	1	+	By: Buckingham, et al. S.B. No. 703
	2	+	(Canales)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the continuation and functions of the Department of
6	8		Agriculture, the Prescribed Burning Board, and the Texas Boll
7	9		Weevil Eradication Foundation and the abolishment of the Early
8	10		Childhood Health and Nutrition Interagency Council.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 11.003, Agriculture Code, is amended to
11	13		read as follows:
12	14		Sec. 11.003. SUNSET PROVISION. The Department of
13	15		Agriculture is subject to Chapter 325, Government Code (Texas
14	16		Sunset Act). Unless continued in existence as provided by that
15	17		chapter, the department is abolished September 1, 2033 [2021].
16	18		SECTION 2. Section 12.0175, Agriculture Code, is amended to
17	19		read as follows:
18	20		Sec. 12.0175. "GO-TEXAN" [GROWN OR PRODUCED IN TEXAS]
19	21		PROGRAM. (a) The department by rule shall [may] establish the
20	22		"GO-TEXAN" program [programs] to promote and encourage the
21	23		development and expansion of markets for Texas [market]
22	24		agricultural products and other products grown, processed, or
23	25		produced in the state.
24	26		(b) The department may charge a membership fee, as provided
25	27		by department rule, for each participant in the "GO-TEXAN" [a]
26	28		program.
27	29		(c) The department shall [may] adopt rules necessary to
28	30		administer the "GO-TEXAN" [a] program established under this
29	31		section, including rules:
30	32		(1) governing the use of any registered logo of the
31	33		department;
32	34		(2) providing membership eligibility requirements and
33	35		grounds for denial of membership;
34	36		(3) establishing membership categories or tiers; and
35	37		(4) specifying membership benefits.
36	38		(d) The department may revoke or cancel a certificate of
37	39		registration or license issued under the "GO-TEXAN" [a] program
38	40		established under this section if a participant fails to comply
39	41		with a rule adopted by the department.
40	42		(e) In this section, "Texas agricultural product" means an
41	43		agricultural, apicultural, horticultural, silvicultural,
42	44		viticultural, or vegetable product, either in its natural or
43	45		processed state, that has been produced, processed, or otherwise
44	46		had value added to the product in this state, including:
45	47		(1) feed for use by livestock or poultry;
46	48		(2) fish or other aquatic species;
47	49		(3) livestock, a livestock product, or a livestock
48	50		by-product;
49	51		(4) planting seed;
50	52		(5) poultry, a poultry product, or a poultry
51	53		by-product; or
52	54		(6) wildlife processed for food or by-products.
53	55		SECTION 3. Chapter 12, Agriculture Code, is amended by
54	56		adding Section 12.0204 to read as follows:
55	57		Sec. 12.0204. ADVISORY COMMITTEES. (a) The department by
56	58		rule may establish advisory committees to make recommendations to
57	59		the department on programs, rules, and policies administered by the
58	60		department.
59	61		(b) In establishing an advisory committee under this
60	62		section, the department shall adopt rules, including rules
61	63		regarding:
62	64		(1) the purpose, role, responsibility, goals, and
63	65		duration of the committee;
64	66		(2) the size of and quorum requirement for the
65	67		committee;
66	68		(3) qualifications for committee membership;
67	69		(4) appointment procedures for members;
68	70		(5) terms of service for members;
69	71		(6) training requirements for members;
70	72		(7) policies to avoid conflicts of interest by
71	73		committee members;
72	74		(8) a periodic review process to evaluate the
73	75		continuing need for the committee; and
74	76		(9) policies to ensure the committee does not violate
75	77		any provisions of Chapter 551, Government Code, applicable to the
76	78		department or the committee.
77	79		SECTION 4. Chapter 12, Agriculture Code, is amended by
78	80		adding Section 12.0205 to read as follows:
79	81		Sec. 12.0205. COORDINATION OF CONSUMER PROTECTION
80	82		ENFORCEMENT WITH OFFICE OF ATTORNEY GENERAL. (a) The department
81	83		and the office of the attorney general shall enter into a memorandum
82	84		of understanding to coordinate the enforcement of consumer
83	85		protection programs.
84	86		(b) The memorandum of understanding shall require the
85	87		department to communicate with the consumer protection division of
86	88		the office of the attorney general to identify and avoid potential
87	89		duplication of effort before taking final disciplinary or
88	90		enforcement action related to consumer protection.
89	91		SECTION 5. The heading to Section 12.026, Agriculture Code,
90	92		is amended to read as follows:
91	93		Sec. 12.026. PUBLIC INTEREST INFORMATION[; COMPLAINTS].
92	94		SECTION 6. Chapter 12, Agriculture Code, is amended by
93	95		adding Section 12.02601 to read as follows:
94	96		Sec. 12.02601. COMPLAINTS. (a) The department shall
95	97		maintain a system to promptly and efficiently act on complaints
96	98		filed with the department. The department shall maintain
97	99		information about parties to the complaint, the subject matter of
98	100		the complaint, a summary of the results of the review or
99	101		investigation of the complaint, and its disposition.
100	102		(b) The department shall make information available
101	103		describing its procedures for complaint investigation and
102	104		resolution.
103	105		(c) The department shall periodically notify the complaint
104	106		parties of the status of the complaint until final disposition
105	107		unless the notice would jeopardize an investigation.
106	108		SECTION 7. Sections 12.042(a), (b), (c), (e), and (i),
107	109		Agriculture Code, are amended to read as follows:
108	110		(a) The department shall establish a home-delivered meal
109	111		grant program to benefit homebound elderly persons and persons with
110	112		disabilities [disabled people] in this state. The program must be
111	113		designed to help defray the costs of providing home-delivered meals
112	114		that are not fully funded by the Health and Human [Department of
113	115		Aging and Disability] Services Commission or an area agency on
114	116		aging.
115	117		(b) From funds appropriated for that purpose, the
116	118		department shall make grants to qualifying organizations that
117	119		provide home-delivered meals to [the] homebound elderly persons and
118	120		persons with disabilities [disabled]. The department may use not
119	121		more than five percent of those appropriated funds for the
120	122		administration of the grant program.
121	123		(c) An organization applying to the department for a grant
122	124		under this section must:
123	125		(1) be a governmental agency or a nonprofit private
124	126		organization that is exempt from taxation under Section 501(a),
125	127		Internal Revenue Code of 1986, as an organization described by
126	128		Section 501(c)(3) of that code, that is a direct provider of
127	129		home-delivered meals to [the] elderly persons or persons with
128	130		disabilities in this state;
129	131		(2) if it is a nonprofit private organization, have a
130	132		volunteer board of directors;
131	133		(3) practice nondiscrimination;
132	134		(4) have an accounting system or fiscal agent approved
133	135		by the county in which it provides meals;
134	136		(5) have a system to prevent the duplication of
135	137		services to the organization's clients; and
136	138		(6) agree to use funds received under this section
137	139		only to supplement and extend existing services related directly to
138	140		home-delivered meal services.
139	141		(e) The department shall require an organization seeking a
140	142		grant to file an application in a form approved by the department.
141	143		The application must be [notarized and] signed or electronically
142	144		acknowledged by the organization's executive director [and board
143	145		chair, if applicable], be postmarked or electronically submitted
144	146		not later than November 1, and must include:
145	147		(1) the organization's name and address;
146	148		(2) the names and titles of the organization's
147	149		executive director and board chair, if applicable;
148	150		(3) the name of the county in relation to which the
149	151		organization is applying;
150	152		(4) the number of residents at least 60 years of age
151	153		who reside in that county, according to the most recent federal
152	154		decennial census;
153	155		(5) the amount of the grant awarded by that county as
154	156		required by Subsection (d);
155	157		(6) the number of meals the organization delivered to
156	158		elderly persons or [disabled] persons with disabilities in that
157	159		county during the preceding state fiscal year that were not fully
158	160		funded [for] by the Health and Human [Department of Aging and
159	161		Disability] Services Commission or an area agency on aging;
160	162		(7) appropriate documentation demonstrating that the
161	163		organization:
162	164		(A) is a qualifying governmental agency or
163	165		nonprofit private organization;
164	166		(B) has been awarded a grant by the county in
165	167		relation to which the organization is applying, as required by
166	168		Subsection (d); and
167	169		(C) has delivered the number of meals reported
168	170		under Subdivision (6);
169	171		(8) the organization's most recent financial statement
170	172		or audited financial report; and
171	173		(9) a list of the organization's board and officers.
172	174		(i) Not later than February 1 of each year, the department
173	175		shall make a grant to each qualifying organization that has
174	176		submitted an approved application under this section. Subject to
175	177		Subsections (d) and (h), the department shall make grants in an
176	178		amount equal to one dollar for each meal that the organization
177	179		delivered to homebound elderly persons or [disabled] persons with
178	180		disabilities in the county in the preceding state fiscal year that
179	181		was not fully funded [for] by the Health and Human [Department of
180	182		Aging and Disability] Services Commission or an area agency on
181	183		aging. If more than one qualifying organization delivers meals in a
182	184		county, the department shall reduce the grants proportionally to
183	185		each qualifying organization in that county so that the total
184	186		amount of the grants to the organizations does not exceed the amount
185	187		described by Subsection (h).
186	188		SECTION 8. Chapter 12, Agriculture Code, is amended by
187	189		adding Section 12.051 to read as follows:
188	190		Sec. 12.051. FARMER MENTAL HEALTH AND SUICIDE PREVENTION
189	191		PROGRAM. (a) The department shall establish a farmer mental health
190	192		and suicide prevention program to raise awareness among farmers of
191	193		issues relating to mental health and suicide prevention.
192	194		(b) As part of the program, the department shall:
193	195		(1) promote suicide prevention among farmers through a
194	196		public awareness campaign;
195	197		(2) provide a toll-free telephone hotline for farmer
196	198		mental health assistance;
197	199		(3) develop a mental wellness plan for farmers
198	200		affected by a disaster; and
199	201		(4) coordinate suicide prevention activities with
200	202		other state agencies, including the Department of State Health
201	203		Services.
202	204		SECTION 9. Subchapter A, Chapter 12A, Agriculture Code, is
203	205		amended by adding Sections 12A.004 and 12A.005 to read as follows:
204	206		Sec. 12A.004. INSPECTION AND ENFORCEMENT STRATEGIC PLAN.
205	207		(a) The department shall develop and publish an annual plan for
206	208		each state fiscal year to use the inspection and enforcement
207	209		resources of the department strategically to ensure public safety
208	210		and protect agriculture and consumers in this state.
209	211		(b) The department shall seek input from stakeholders when
210	212		developing each annual plan.
211	213		(c) The department shall collect and maintain information
212	214		that accurately shows the department's inspection and enforcement
213	215		activities. Each annual plan must include a report of the
214	216		information collected by the department that shows the department's
215	217		inspection and enforcement activities over time.
216	218		(d) The information described by Subsection (c) must
217	219		include data regarding violations of statutes or department rules,
218	220		including:
219	221		(1) the number, type, and severity of:
220	222		(A) violations the department found to have
221	223		occurred;
222	224		(B) violations the department referred for
223	225		enforcement to the section of the department responsible for
224	226		enforcement; and
225	227		(C) violations for which the department imposed a
226	228		penalty or took other enforcement action;
227	229		(2) the number of major violations for which the
228	230		department imposed a penalty or took other enforcement action; and
229	231		(3) the number of repeat major violations, categorized
230	232		by license type, if applicable.
231	233		(e) The department shall publish each annual plan on the
232	234		department's Internet website not later than July 1 of the year
233	235		preceding the state fiscal year in which the department implements
234	236		the plan.
235	237		Sec. 12A.005. CRIMINAL HISTORY EVALUATION. The department
236	238		shall perform the duties of a licensing authority under Chapter 53,
237	239		Occupations Code, for each license issued by the department under
238	240		this code or other law, including issuing guidelines under Section
239	241		53.025, Occupations Code.
240	242		SECTION 10. Section 19.005, Agriculture Code, is reenacted
241	243		and amended to read as follows:
242	244		Sec. 19.005. ADVISORY COUNCIL. (a) The commissioner shall
243	245		appoint the advisory council. The advisory council is composed of
244	246		seven members, including:
245	247		(1) one member representing the department;
246	248		(2) one member representing The Texas A&M
247	249		University-Kingsville Citrus Center at Weslaco;
248	250		(3) two members representing the citrus nursery
249	251		industry;
250	252		(4) two members representing citrus growers; and
251	253		(5) one member having specialized knowledge in citrus
252	254		diseases and pests.
253	255		(b) A member serves a two-year term and may be reappointed.
254	256		(c) Members of the advisory council are not eligible for
255	257		reimbursement of expenses arising from service on the advisory
256	258		council.
257	259		(d) Chapter 2110, Government Code, does not apply to the
258	260		duration of the advisory council.
259	261		SECTION 11. Section 41.154, Agriculture Code, is amended to
260	262		read as follows:
261	263		Sec. 41.154. ANNUAL REPORT. The council shall deliver to
262	264		the commissioner [and the appropriate oversight committee in the
263	265		senate and house of representatives] an annual report giving
264	266		details of its efforts to carry out the purposes of this subchapter.
265	267		SECTION 12. Section 45.005(c), Agriculture Code, is amended
266	268		to read as follows:
267	269		(c) The program may undertake agricultural research and
268	270		development projects of mutual benefit that are located in Texas,
269	271		Israel, or any other location considered advisable by the
270	272		department [or suggested by the advisory committee].
271	273		SECTION 13. Section 46.005, Agriculture Code, is amended to
272	274		read as follows:
273	275		Sec. 46.005. DEPARTMENT POWERS AND DUTIES. The department
274	276		shall administer the "Go Texan" Partner Program. The duties of the
275	277		department in administering the program include:
276	278		(1) developing procedures for acceptance and
277	279		administration of funds received to administer the program,
278	280		including appropriations, gifts, license plate revenue, and
279	281		matching funds;
280	282		(2) developing application and selection procedures
281	283		including procedures for soliciting and accepting applications
282	284		[and screening applications for review by the "Go Texan" Partner
283	285		Program Advisory Board];
284	286		(3) developing a general promotional campaign for
285	287		Texas agricultural products and advertising campaigns for specific
286	288		Texas agricultural products based on project requests submitted by
287	289		successful applicants;
288	290		(4) developing advertising programs and promotional
289	291		materials for use by program participants and establishing
290	292		guidelines on advertising activities by participants;
291	293		(5) contracting with media representatives for the
292	294		purpose of dispersing promotional materials; and
293	295		(6) receiving matching funds from program
294	296		participants and donations or grants from any source, and
295	297		establishing internal reporting requirements for use of funds.
296	298		SECTION 14. Section 46.011, Agriculture Code, is amended to
297	299		read as follows:
298	300		Sec. 46.011. CRITERIA FOR ALLOCATION OF FUNDS. The
299	301		department shall by rule [and with the advice of the board]
300	302		establish criteria for allocation of funds to participant projects.
301	303		Rules adopted under this section must include:
302	304		(1) the factors to be considered in evaluating
303	305		projects; and
304	306		(2) a maximum funding amount for each project.
305	307		SECTION 15. Section 47.052(b), Agriculture Code, is amended
306	308		to read as follows:
307	309		(b) The commissioner[, in consultation with the advisory
308	310		committee established under Section 47.053,] shall adopt rules as
309	311		necessary to implement the program.
310	312		SECTION 16. Section 50B.0025, Agriculture Code, is amended
311	313		to read as follows:
312	314		Sec. 50B.0025. ANNUAL PLAN AND BUDGET. Not later than
313	315		November 1 of each year, the commissioner shall prepare for the
314	316		current fiscal year:
315	317		(1) a [the] schedule and plan of action designed to
316	318		implement and further the objectives of this chapter and Chapter
317	319		110, Alcoholic Beverage Code; and
318	320		(2) a budget and prioritized spending plan for
319	321		expenditures of the wine industry development fund [described by
320	322		Section 50B.002(g), considering the recommendations of the
321	323		committee under that section and following them to the extent the
322	324		commissioner considers appropriate].
323	325		SECTION 17. Sections 62.002(a) and (b), Agriculture Code,
324	326		are amended to read as follows:
325	327		(a) The State Seed and Plant Board is an agency of the state.
326	328		The board is composed of:
327	329		(1) one individual, appointed by the president of
328	330		Texas A&M University, from the Soils and Crop Sciences Department,
329	331		Texas Agricultural Experiment Station, Texas A&M University;
330	332		(2) one individual, appointed by the president of
331	333		Texas Tech University, from the Department of Plant and Soil
332	334		Sciences, Texas Tech University;
333	335		(3) one individual, appointed by the commissioner,
334	336		licensed as a Texas Foundation, Registered, or Certified seed or
335	337		plant producer who is not employed by a public institution;
336	338		(4) one individual, appointed by the commissioner, who
337	339		sells Texas Foundation, Registered, or Certified seed or plants;
338	340		and
339	341		(5) one individual, appointed by the commissioner,
340	342		actively engaged in farming but not a producer or seller of Texas
341	343		Foundation, Registered, or Certified seed or plants[; and
342	344		[(6) the head of the seed division of the department].
343	345		(b) An individual appointed from a state university [or the
344	346		department] serves on the board as an ex officio member. A member
345	347		serves for a term of two years and until a successor has qualified.
346	348		Members serve without compensation but are entitled to
347	349		reimbursement by the state for actual expenses incurred in the
348	350		performance of their duties.
349	351		SECTION 18. Section 62.005(a), Agriculture Code, is amended
350	352		to read as follows:
351	353		(a) A person who wants to produce a certified class of seed
352	354		or plant for which the board has established standards of genetic
353	355		purity and identity may apply to the board for licensing as a
354	356		Foundation, Registered, or Certified producer of seed or plants.
355	357		To be licensed as a producer, a person must satisfy the board that:
356	358		(1) [he or she is of good character and has a
357	359		reputation for honesty;
358	360		[(2)] his or her facilities meet board requirements
359	361		for producing and maintaining seed or plants for the certification
360	362		generations desired; and
361	363		(2) [(3)] he or she has met any other board
362	364		requirements as to knowledge of the production or maintenance of
363	365		seed or plants for the certification generations for which he or she
364	366		applies to be licensed.
365	367		SECTION 19. Section 74.0031(d), Agriculture Code, is
366	368		amended to read as follows:
367	369		(d) The department shall set a cotton stalk destruction
368	370		deadline for each pest management zone, with consideration given to
369	371		the recommendations of the foundation [and the applicable
370	372		administrative committee submitted under Subsection (b)].
371	373		SECTION 20. Sections 74.0032(b) and (c), Agriculture Code,
372	374		are amended to read as follows:
373	375		(b) If adverse weather conditions or other good cause
374	376		exists, the Texas Boll Weevil Eradication Foundation
375	377		[administrative committee that governs the applicable pest
376	378		management zone] may request that the department grant an extension
377	379		of the cotton stalk destruction deadline for any specified part of
378	380		the pest management zone or for the entire pest management zone. A
379	381		request under this subsection must be made within the period
380	382		specified by department rule. A field is not subject to a hostable
381	383		cotton fee if the department grants an extension of the deadline.
382	384		The Texas Boll Weevil Eradication Foundation shall submit to the
383	385		department an estimate of the amount by which an extension under
384	386		this subsection will increase the cost of administering the boll
385	387		weevil eradication program.
386	388		(c) If the Texas Boll Weevil Eradication Foundation
387	389		[applicable administrative committee] does not request an
388	390		extension, or if the department denies a request for an extension of
389	391		the cotton stalk destruction deadline for a specified part of a pest
390	392		management zone, a cotton grower may apply for an individual
391	393		extension of the deadline. A request under this subsection must be
392	394		made within the period specified by department rule.
393	395		SECTION 21. Section 74.004(a), Agriculture Code, is amended
394	396		to read as follows:
395	397		(a) The [On petition of the administrative committee of a
396	398		pest management zone, the] department may establish regulated
397	399		areas, dates, and appropriate methods of destruction of stalks,
398	400		other parts, and products of host plants for cotton pests,
399	401		including requirements for destruction of foliage, fruiting
400	402		structures, and root systems of host plants after the harvest
401	403		deadline.
402	404		SECTION 22. Section 74.0041, Agriculture Code, is amended
403	405		to read as follows:
404	406		Sec. 74.0041. REGULATION OF PLANTING DATES. The [On
405	407		petition of the administrative committee of a pest management zone,
406	408		the] department may establish uniform planting dates for host
407	409		plants.
408	410		SECTION 23. Subchapter D, Chapter 74, Agriculture Code, is
409	411		amended by adding Section 74.1091 to read as follows:
410	412		Sec. 74.1091. SEPARATION OF RESPONSIBILITIES. The board
411	413		shall develop and implement policies that clearly separate the
412	414		policy-making responsibilities of the board and the management
413	415		responsibilities of the chief executive officer and staff of the
414	416		foundation.
415	417		SECTION 24. Section 74.127(a), Agriculture Code, is amended
416	418		to read as follows:
417	419		(a) The board of directors of the official cotton growers'
418	420		boll weevil eradication foundation is subject to Chapter 325,
419	421		Government Code (Texas Sunset Act). Unless continued in existence
420	422		as provided by that chapter, the board is abolished [and this
421	423		subchapter expires] September 1, 2033 [2021].
422	424		SECTION 25. Subchapter D, Chapter 74, Agriculture Code, is
423	425		amended by adding Section 74.132 to read as follows:
424	426		Sec. 74.132. COMPLAINTS. (a) The foundation shall
425	427		maintain a system to promptly and efficiently act on complaints
426	428		filed with the foundation. The foundation shall maintain
427	429		information about parties to the complaint, the subject matter of
428	430		the complaint, a summary of the results of the review or
429	431		investigation of the complaint, and its disposition.
430	432		(b) The foundation shall make information available
431	433		describing its procedures for complaint investigation and
432	434		resolution.
433	435		(c) The foundation shall periodically notify the complaint
434	436		parties of the status of the complaint until final disposition
435	437		unless the notice would jeopardize an investigation.
436		-	SECTION 26. Section 122.201(a), Agriculture Code, is
437		-	amended to read as follows:
438		-	(a) A license holder shall harvest the plants from a plot
439		-	not later than the 30th [20th] day after the date a preharvest
440		-	sample is collected under Section 122.154 unless field conditions
441		-	delay harvesting or the department authorizes the license holder to
442		-	delay harvesting. This subsection does not prohibit the license
443		-	holder from harvesting the plants immediately after the preharvest
444		-	sample is collected.
445		-	SECTION 27. The heading to Section 134.002, Agriculture
	438	+	SECTION 26. The heading to Section 134.002, Agriculture
446	439		Code, is amended to read as follows:
447	440		Sec. 134.002. SUPPORT OF AQUACULTURE [PROGRAM].
448		-	SECTION 28. Section 134.004, Agriculture Code, is amended
	441	+	SECTION 27. Section 134.004, Agriculture Code, is amended
449	442		to read as follows:
450	443		Sec. 134.004. CONTRACTS. The department, the Texas
451	444		[Natural Resource Conservation] Commission on Environmental
452	445		Quality, the Texas Animal Health Commission, and the Parks and
453	446		Wildlife Department may contract with state, federal, or private
454	447		entities for assistance in carrying out the purposes of this
455	448		chapter.
456		-	SECTION 29. The heading to Subchapter B, Chapter 134,
	449	+	SECTION 28. The heading to Subchapter B, Chapter 134,
457	450		Agriculture Code, is amended to read as follows:
458	451		SUBCHAPTER B. AQUACULTURE REQUIREMENTS [LICENSE]
459		-	SECTION 30. Section 134.013, Agriculture Code, is amended
	452	+	SECTION 29. Section 134.013, Agriculture Code, is amended
460	453		to read as follows:
461	454		Sec. 134.013. ADDITIONAL REQUIREMENTS FOR SHRIMP
462	455		PRODUCTION WITHIN THE COASTAL ZONE. (a) A commercial aquaculture
463	456		facility located within the coastal zone and engaged in the
464	457		production of shrimp must:
465	458		(1) [must] obtain a site-specific wastewater
466	459		discharge permit from the Texas [Natural Resource Conservation]
467	460		Commission on Environmental Quality before the facility may
468	461		discharge wastewater if the facility will discharge wastewater or
469	462		another substance into waters in the state;
470	463		(2) [must] provide the report described in Subsection
471	464		(b) to the Texas Commission on Environmental Quality [and is
472	465		subject to the review described in Section 134.031(c) if the
473	466		aquaculture facility applies for a site-specific discharge
474	467		permit];
475	468		(3) [must] obtain an amendment to its site-specific
476	469		discharge permit from the Texas [Natural Resource Conservation]
477	470		Commission on Environmental Quality before the facility may
478	471		increase the amount of discharge or change the nature of the
479	472		discharge above levels allowed by the wastewater discharge permit
480	473		issued by the Texas [Natural Resource Conservation] Commission on
481	474		Environmental Quality, except as otherwise provided by Section
482	475		26.0191, Water Code; and
483	476		(4) [must] provide the report described by Subsection
484	477		(b) [and is subject to the review described in Section 134.031(c)]
485	478		before the facility may increase the amount of discharge, or change
486	479		the nature of the discharge above levels allowed by the wastewater
487	480		discharge permit issued by the Texas [Natural Resource
488	481		Conservation] Commission on Environmental Quality, except as
489	482		otherwise provided by Section 26.0191, Water Code.
490	483		(b) Before issuing a permit [license] to a new aquaculture
491	484		facility designed for the commercial production of shrimp that will
492	485		discharge wastewater into waters in the state within the coastal
493	486		zone, the Texas Commission on Environmental Quality [department]
494	487		shall require the applicant to provide a report describing the
495	488		existing environmental conditions at the proposed site, including
496	489		aquatic habitat and the conditions of the waters in the state into
497	490		which a discharge is proposed. The report must provide an
498	491		assessment of any potential impacts of wastewater discharges on
499	492		sensitive aquatic habitats in the area of the proposed site,
500	493		significant impacts related to the construction or operation of the
501	494		facility, and any mitigation actions proposed by the applicant.
502	495		(c) The applicant must provide the report required under
503	496		Subsection (b) to the [Texas Natural Resource Conservation
504	497		Commission and the] Parks and Wildlife Department. The Texas
505	498		[Natural Resource Conservation] Commission on Environmental
506	499		Quality may not issue a wastewater discharge permit to a new
507	500		aquaculture facility designed for the commercial production of
508	501		shrimp and located within the coastal zone without consideration of
509	502		the report described by Subsection (b).
510	503		(d) In coordination with [the department and] the Parks and
511	504		Wildlife Department, the Texas [Natural Resource Conservation]
512	505		Commission on Environmental Quality shall establish guidelines
513	506		relating to the report required by Subsection (b) that:
514	507		(1) give public notice as to what the reporting
515	508		requirements include; and
516	509		(2) minimize duplication of reporting requirements
517	510		and other requirements related to the application for a wastewater
518	511		discharge permit.
519		-	SECTION 31. Section 134.016(a), Agriculture Code, is
	512	+	SECTION 30. Section 134.016(a), Agriculture Code, is
520	513		amended to read as follows:
521	514		(a) The operator [holder] of a commercial [an] aquaculture
522	515		facility [license] shall maintain a record of sales of cultured
523	516		species for at least [a period of time of not less than] one year.
524	517		The record is open for inspection by designated employees of the
525	518		Parks and Wildlife Department [and the department] during normal
526	519		business hours.
527		-	SECTION 32. Section 134.017, Agriculture Code, is amended
	520	+	SECTION 31. Section 134.017, Agriculture Code, is amended
528	521		to read as follows:
529	522		Sec. 134.017. CULTURE AND SALE OF CULTURED SPECIES.
530	523		Cultured species of any kind, size, or number may be raised,
531	524		possessed, transported, and sold anywhere, at any time, to any
532	525		person, for any purpose by the operator [holder] of a commercial
533	526		[an] aquaculture facility [license] unless prohibited by the Parks
534	527		and Wildlife Code or regulation.
535		-	SECTION 33. Section 134.018, Agriculture Code, is amended
	528	+	SECTION 32. Section 134.018, Agriculture Code, is amended
536	529		to read as follows:
537	530		Sec. 134.018. [LICENSE NOT REQUIRED FOR] SALE OF CERTAIN
538	531		FISH. (a) This section applies to [An aquaculture license is not
539	532		required for] the sale of fish:
540	533		(1) that are not on the Parks and Wildlife Department's
541	534		list of exotic fish, shellfish, and aquatic plants;
542	535		(2) collected from a private facility on private land
543	536		by a person who operates a commercial [holds an] aquaculture
544	537		facility [license];
545	538		(3) by the owner of the private facility from which the
546	539		fish were collected;
547	540		(4) to manage the fish population in the private
548	541		facility; and
549	542		(5) to a person who operates a commercial [holds an]
550	543		aquaculture facility [license].
551	544		(b) Not later than the 30th day after the sale of fish under
552	545		this section, a [the] buyer who operates a commercial [holds an]
553	546		aquaculture facility [license] shall submit a copy of the invoice
554	547		for the sale to the Parks and Wildlife Department. The seller and
555	548		the buyer shall maintain a record of the sale for not less than one
556	549		year. The record must contain at least:
557	550		(1) the invoice number;
558	551		(2) the date of the sale;
559	552		(3) the name and address of the seller;
560	553		(4) the physical location of the facility from which
561	554		the fish were collected;
562	555		(5) the buyer's name and[,] address[,] and the name and
563	556		address of the buyer's commercial aquaculture facility [license
564	557		number of the buyer]; and
565	558		(6) the number of fish sold.
566	559		(c) Sections 66.020 and 66.111, Parks and Wildlife Code, do
567	560		not apply to a sale under this section.
568		-	SECTION 34. Section 134.023(b), Agriculture Code, is
	561	+	SECTION 33. Section 134.023(b), Agriculture Code, is
569	562		amended to read as follows:
570	563		(b) A person who violates Section [134.019 or] 134.020
571	564		commits an offense that is a Class B misdemeanor.
572		-	SECTION 35. Sections 134.031(a), (b), (c), (d), (e), (f),
	565	+	SECTION 34. Sections 134.031(a), (b), (c), (d), (e), (f),
573	566		and (g), Agriculture Code, are amended to read as follows:
574	567		(a) The [department, the] Texas [Natural Resource
575	568		Conservation] Commission on Environmental Quality[,] and the Parks
576	569		and Wildlife Department shall enter into a memorandum of
577	570		understanding for the regulation of matters related to aquaculture.
578	571		(b) The Texas [Natural Resource Conservation] Commission on
579	572		Environmental Quality, after receiving an application for a
580	573		wastewater discharge authorization from an aquaculture facility,
581	574		shall provide a copy of the application to the [department and the]
582	575		Parks and Wildlife Department.
583	576		(c) The [department, the] Texas [Natural Resource
584	577		Conservation] Commission on Environmental Quality[,] and the Parks
585	578		and Wildlife Department shall [each appoint one member of a
586	579		three-member application review committee to review the wastewater
587	580		discharge authorization application to] ensure that the proposed
588	581		discharge will not adversely affect a bay, an estuary, or other
589	582		waters in the state.
590	583		(d) The Parks and Wildlife Department, in consultation with
591	584		the Texas [Natural Resource Conservation] Commission on
592	585		Environmental Quality, may establish general guidelines that
593	586		identify sensitive aquatic habitat within the coastal zone. The
594	587		general guidelines must include factors such as the presence of sea
595	588		grass beds, depth of receiving waters, and amount of tidal
596	589		exchange.
597	590		(e) If the Parks and Wildlife Department establishes the
598	591		guidelines described in Subsection (d), the Parks and Wildlife
599	592		Department must provide the guidelines to the Texas [Natural
600	593		Resource Conservation] Commission on Environmental Quality [and
601	594		the department].
602	595		(f) If the Parks and Wildlife Department has established the
603	596		guidelines described in Subsection (d), the Texas [Natural Resource
604	597		Conservation] Commission on Environmental Quality must consider
605	598		the guidelines when reviewing wastewater discharge authorization
606	599		applications for new aquaculture facilities located within the
607	600		coastal zone, or expansion of existing facilities located within
608	601		the coastal zone if the expansion will increase the amount of
609	602		discharge, or change the nature of the discharge, above levels
610	603		allowed by the wastewater discharge permit.
611	604		(g) In developing the guidelines under Subsection (d)
612	605		applicable to aquaculture facilities engaged in the production of
613	606		shrimp in the coastal zone, the Parks and Wildlife Department, in
614	607		consultation with the Texas [Natural Resource Conservation]
615	608		Commission on Environmental Quality, shall consider the best
616	609		management practices that the facilities developed under the
617	610		direction of the Texas [Natural Resource Conservation] Commission
618	611		on Environmental Quality.
619		-	SECTION 36. Section 110.002(b), Alcoholic Beverage Code, is
	612	+	SECTION 35. Section 110.002(b), Alcoholic Beverage Code, is
620	613		amended to read as follows:
621	614		(b) The commissioner[, in consultation with the advisory
622	615		committee established under Section 50B.002, Agriculture Code,]
623	616		shall adopt rules as necessary to implement the program.
624		-	SECTION 37. Section 153.046, Natural Resources Code, is
	617	+	SECTION 36. Section 153.046, Natural Resources Code, is
625	618		amended to read as follows:
626	619		Sec. 153.046. DUTIES. The board by rule shall establish:
627	620		(1) [establish] standards for prescribed burning;
628	621		(2) [develop] a comprehensive training curriculum for
629	622		certified and insured prescribed burn managers;
630	623		(3) [establish] standards for certification,
631	624		recertification, and training for certified and insured prescribed
632	625		burn managers;
633	626		(4) [establish] minimum education and professional
634	627		requirements for instructors for the approved curriculum; and
635	628		(5) [establish] insurance requirements for certified
636	629		and insured prescribed burn managers in amounts not less than those
637	630		required by Section 153.082.
638		-	SECTION 38. Section 153.048, Natural Resources Code, is
	631	+	SECTION 37. Section 153.048, Natural Resources Code, is
639	632		amended by adding Subsection (f) to read as follows:
640	633		(f) The board may waive any prerequisite to obtaining
641	634		certification for an applicant after reviewing the applicant's
642	635		credentials and determining that the applicant holds a valid
643	636		certification from another state that has certification
644	637		requirements substantially equivalent to those of this state.
645		-	SECTION 39. Subchapter B, Chapter 153, Natural Resources
	638	+	SECTION 38. Subchapter B, Chapter 153, Natural Resources
646	639		Code, is amended by adding Section 153.049 to read as follows:
647	640		Sec. 153.049. CRIMINAL HISTORY EVALUATION. The board shall
648	641		perform the duties of a licensing authority under Chapter 53,
649	642		Occupations Code, for each certification issued by the board under
650	643		this chapter or other law, including issuing guidelines under
651	644		Section 53.025, Occupations Code.
652		-	SECTION 40. Section 153.101, Natural Resources Code, is
	645	+	SECTION 39. Section 153.101, Natural Resources Code, is
653	646		amended to read as follows:
654	647		Sec. 153.101. COMPLAINTS. The department shall receive and
655	648		process complaints concerning certified and insured prescribed
656	649		burn managers in the manner described by Sections [Section] 12.026
657	650		and 12.02601, Agriculture Code, and rules adopted under those
658	651		sections [that section].
659		-	SECTION 41. Section 153.102(b), Natural Resources Code, is
	652	+	SECTION 40. Section 153.102(b), Natural Resources Code, is
660	653		amended to read as follows:
661	654		(b) The board [department] by rule shall adopt a schedule of
662	655		the disciplinary sanctions that the department shall [may] impose
663	656		under this chapter. In adopting the schedule of sanctions, the
664	657		board [department] shall ensure that the severity of the sanction
665	658		imposed is appropriate to the type of violation or conduct that is
666	659		the basis for disciplinary action.
667		-	SECTION 42. Section 43.551, Parks and Wildlife Code, is
	660	+	SECTION 41. Section 43.551, Parks and Wildlife Code, is
668	661		amended to read as follows:
669	662		Sec. 43.551. PERMIT FOR THE TAKING OF BROOD STOCK BY
670	663		COMMERCIAL AQUACULTURE FACILITIES [FISH FARMERS]. The department
671	664		may issue a permit to an operator of a commercial aquaculture
672	665		facility as defined by Section 134.001, Agriculture Code, [a
673	666		licensed fish farmer] that authorizes the operator [fish farmer] to
674	667		take a specified quantity of fish brood stock from specified public
675	668		water.
676		-	SECTION 43. Section 43.553(a), Parks and Wildlife Code, is
	669	+	SECTION 42. Section 43.553(a), Parks and Wildlife Code, is
677	670		amended to read as follows:
678	671		(a) A [The] permit under this subchapter may allow the
679	672		operator of a commercial aquaculture facility [fish farmer] to take
680	673		a specified quantity of fish brood stock reasonably necessary for
681	674		the operation of the aquaculture facility [fish farm] but limited
682	675		to the extent necessary to protect the availability of fish in
683	676		public water.
684		-	SECTION 44. Section 43.554, Parks and Wildlife Code, is
	677	+	SECTION 43. Section 43.554, Parks and Wildlife Code, is
685	678		amended to read as follows:
686	679		Sec. 43.554. FEES. The commission shall charge the
687	680		operator of a commercial aquaculture facility [a fish farmer] a fee
688	681		equal to the value of the fish authorized to be taken under this
689	682		subchapter.
690		-	SECTION 45. Section 47.009(c), Parks and Wildlife Code, is
	683	+	SECTION 44. Section 47.009(c), Parks and Wildlife Code, is
691	684		amended to read as follows:
692	685		(c) An operator of [A person who has an aquaculture license
693	686		for] a Texas commercial aquaculture facility as defined by [under]
694	687		Section 134.001 [134.011], Agriculture Code, is not required to
695	688		obtain or possess a wholesale fish dealer's license if the
696	689		operator's [person's] business activities with regard to the sale
697	690		of aquatic products involve aquatic products raised on the
698	691		operator's commercial [person's] aquaculture facility only.
699		-	SECTION 46. Section 47.0091, Parks and Wildlife Code, is
	692	+	SECTION 45. Section 47.0091, Parks and Wildlife Code, is
700	693		amended to read as follows:
701	694		Sec. 47.0091. PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE
702	695		FISH DEALERS. No wholesale fish dealer may purchase for resale or
703	696		receive for sale, barter, exchange, or any other commercial purpose
704	697		any aquatic product from any person or entity in this state unless
705	698		the dealer [he] purchases the product from the operator of a
706	699		commercial aquaculture facility as defined by Section 134.001,
707	700		Agriculture Code, or the holder of:
708	701		(1) a general commercial fisherman's license;
709	702		(2) a commercial oyster fisherman's license;
710	703		(3) a commercial oyster boat license;
711	704		(4) a wholesale fish dealer's license;
712	705		(5) [a fish farmer's license;
713	706		[(6)] a commercial shrimp boat license;
714	707		(6) [(7)] a commercial oyster boat captain's license;
715	708		(7) [(8)] a commercial shrimp boat captain's license;
716	709		(8) [(9)] a commercial crab fisherman's license;
717	710		(9) [(10)] a commercial finfish fisherman's license;
718	711		(10) [(11)] a commercial gulf shrimp unloading
719	712		license; or
720	713		(11) [(12)] a cultivated oyster mariculture permit.
721		-	SECTION 47. Section 47.010(b), Parks and Wildlife Code, is
	714	+	SECTION 46. Section 47.010(b), Parks and Wildlife Code, is
722	715		amended to read as follows:
723	716		(b) A resident who operates a [holds a fish farm] vehicle
724	717		used to transport cultured species from a private facility, as
725	718		those terms are defined by [license under] Section 134.001
726	719		[134.012], Agriculture Code, and sells cultured species from the
727	720		vehicle is not required to obtain a license for the vehicle under
728	721		this section if the vehicle is used with regard to the sale or
729	722		transportation of only aquatic products raised on a [licensed]
730	723		Texas commercial aquaculture facility belonging to the operator
731	724		[owner] of the vehicle.
732		-	SECTION 48. Section 47.011(c), Parks and Wildlife Code, is
	725	+	SECTION 47. Section 47.011(c), Parks and Wildlife Code, is
733	726		amended to read as follows:
734	727		(c) An operator of [A person with an aquaculture license
735	728		for] a Texas commercial aquaculture facility as defined by [under]
736	729		Section 134.001 [134.011], Agriculture Code, is not required to
737	730		obtain or possess a retail fish dealer's license if the operator's
738	731		[person's] business activities with regard to the sale of aquatic
739	732		products involve aquatic products raised on the operator's
740	733		commercial [person's] aquaculture facility only.
741		-	SECTION 49. Section 47.0111, Parks and Wildlife Code, is
	734	+	SECTION 48. Section 47.0111, Parks and Wildlife Code, is
742	735		amended to read as follows:
743	736		Sec. 47.0111. PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH
744	737		DEALERS. No retail fish dealer may purchase for resale or receive
745	738		for sale, barter, exchange, or any other commercial purposes any
746	739		aquatic products from any person or entity in this state unless the
747	740		dealer [he] purchases the product from the operator of a commercial
748	741		aquaculture facility as defined by Section 134.001, Agriculture
749	742		Code, or the holder of:
750	743		(1) a wholesale fish dealer's license; or
751	744		(2) a general commercial fisherman's license, a
752	745		commercial shrimp boat license, a commercial shrimp boat captain's
753	746		license, a commercial gulf shrimp unloading license, a commercial
754	747		crab fisherman's license, or a commercial finfish fisherman's
755	748		license when the retail fish dealer has given written notification
756	749		to the director or the director's [his] designee of the dealer's
757	750		intent to purchase aquatic products from the holder of a general
758	751		commercial fisherman's license, a commercial shrimp boat license, a
759	752		commercial shrimp boat captain's license, a commercial crab
760	753		fisherman's license, or a commercial finfish fisherman's license[;
761	754		or
762	755		[(3) a fish farmer's license].
763		-	SECTION 50. Section 47.012, Parks and Wildlife Code, is
	756	+	SECTION 49. Section 47.012, Parks and Wildlife Code, is
764	757		amended to read as follows:
765	758		Sec. 47.012. PURCHASE OF AQUATIC PRODUCTS BY RESTAURANT
766	759		OWNER, OPERATOR, OR EMPLOYEE. No restaurant owner, operator, or
767	760		employee may purchase for consumption by the restaurant's patrons
768	761		on the restaurant's premises any aquatic product from any person or
769	762		entity in this state unless the person purchases the aquatic
770	763		product from the operator of a commercial aquaculture facility as
771	764		defined by Section 134.001, Agriculture Code, or the holder of:
772	765		(1) a wholesale fish dealer's license;
773	766		(2) a general commercial fisherman's license;
774	767		(3) [a fish farmer's license;
775	768		[(4)] a commercial shrimp boat license;
776	769		(4) [(5)] a commercial shrimp boat captain's license;
777	770		(5) [(6)] a commercial crab fisherman's license;
778	771		(6) [(7)] a commercial finfish fisherman's license; or
779	772		(7) [(8)] a commercial gulf shrimp unloading license.
780		-	SECTION 51. Section 47.013(c), Parks and Wildlife Code, is
	773	+	SECTION 50. Section 47.013(c), Parks and Wildlife Code, is
781	774		amended to read as follows:
782	775		(c) A resident who operates [owns] a vehicle used to
783	776		transport cultured species from a private facility, as those terms
784	777		are defined by [licensed under] Section 134.001 [134.012],
785	778		Agriculture Code, and sells cultured species from the vehicle is
786	779		not required to obtain a license for the vehicle under this section
787	780		when the vehicle is used with regard to the sale or transportation
788	781		of only aquatic products raised on a [licensed] Texas commercial
789	782		aquaculture facility belonging to the operator [owner] of the
790	783		vehicle.
791		-	SECTION 52. Section 47.014(c), Parks and Wildlife Code, is
	784	+	SECTION 51. Section 47.014(c), Parks and Wildlife Code, is
792	785		amended to read as follows:
793	786		(c) An operator of [A person who has an aquaculture license
794	787		for] a Texas commercial aquaculture facility as defined by [under]
795	788		Section 134.001 [134.011], Agriculture Code, is not required to
796	789		obtain or possess a bait dealer's license if the operator's
797	790		[person's] business activities with regard to the sale of aquatic
798	791		products for bait involve only aquatic products raised on the
799	792		operator's commercial [person's] aquaculture facility.
800		-	SECTION 53. Sections 66.007(d) and (f), Parks and Wildlife
	793	+	SECTION 52. Sections 66.007(d) and (f), Parks and Wildlife
801	794		Code, are amended to read as follows:
802	795		(d) An operator of a commercial aquaculture facility as
803	796		defined by Section 134.001, Agriculture Code, [A fish farmer] may
804	797		import, possess, or sell harmful or potentially harmful exotic fish
805	798		species as provided by Section 134.020, Agriculture Code.
806	799		(f) An operator of a commercial aquaculture facility as
807	800		defined by Section 134.001, Agriculture Code, [A fish farmer] may
808	801		not import, possess, propagate, or transport exotic shellfish
809	802		unless the operator [fish farmer] furnishes evidence required by
810	803		the department showing that the shellfish are free of disease.
811		-	SECTION 54. Section 66.020(b), Parks and Wildlife Code, is
	804	+	SECTION 53. Section 66.020(b), Parks and Wildlife Code, is
812	805		amended to read as follows:
813	806		(b) This section applies to the possession, transportation,
814	807		sale, or purchase of any fish described by Subsection (a) [of this
815	808		section] without regard to where the fish was taken, caught, or
816	809		raised, but does not apply to:
817	810		(1) the transportation or possession of fish taken,
818	811		caught, or raised outside this state and transported by common
819	812		carrier without being unloaded from outside this state to a point of
820	813		delivery outside this state;
821	814		(2) fish raised by being continuously fed a prepared
822	815		feed and sold by an operator of a Texas commercial aquaculture
823	816		facility, [licensed Texas fish farmer if marked and identified] as
824	817		defined by Section 134.001 [required under Chapter 134],
825	818		Agriculture Code; or
826	819		(3) the lawful importation by the holder of a Texas
827	820		finfish import license into this state from another state or
828	821		foreign country of farm-raised red drum, bass of the genus
829	822		Micropterus, crappie, flathead catfish, striped bass, white bass,
830	823		or a hybrid of any of those fish that have been continuously fed a
831	824		prepared feed as a primary food source or lawfully taken, caught, or
832	825		raised blue marlin, jewfish, longbill spearfish, muskellunge,
833	826		northern pike, sailfish, sauger, snook, spotted sea trout, tarpon,
834	827		walleye, white marlin, yellow bass, or a hybrid of any of those
835	828		fish, if the fish are transported or sold when not alive and are
836	829		tagged, invoiced, packaged, and labeled under regulations of the
837	830		commission and if the license holder complies with any requirements
838	831		the commission may establish by proclamation that the fish enter
839	832		the stream of commerce for sale in this state in a condition
840	833		allowing ready identification of the species, including a
841	834		requirement that the fish come into the state with the head and tail
842	835		intact and tagged and a requirement that an invoice accompany all
843	836		imported fish regulated by this section through each sales
844	837		transaction, including transactions at the place of the final sale
845	838		to the consumer.
846		-	SECTION 55. Section 66.111(b), Parks and Wildlife Code, is
	839	+	SECTION 54. Section 66.111(b), Parks and Wildlife Code, is
847	840		amended to read as follows:
848	841		(b) Subsection (a) [of this section] does not apply to:
849	842		(1) a fish, other than a bass of the genus Micropterus,
850	843		reared in private water by an operator of a commercial aquaculture
851	844		facility, as defined by Section 134.001, Agriculture Code [under a
852	845		fish farmer's license];
853	846		(2) a fish possessed legally outside this state and
854	847		transported into this state;
855	848		(3) bass of the genus Micropterus reared in private
856	849		water by an operator of a commercial aquaculture facility, as
857	850		defined by Section 134.001, Agriculture Code, [under a fish
858	851		farmer's license] and marketed for the purpose of stocking the
859	852		water of this state;
860	853		(4) nongame fish regulated under Chapter 67 of this
861	854		code; or
862	855		(5) channel catfish of more than 14 inches in length or
863	856		blue catfish of more than 14 inches in length taken from the public
864	857		fresh water of Angelina, Bowie, Camp, Cass, Chambers, Franklin,
865	858		Freestone, Gregg, Hardin, Harris, Harrison, Jasper, Jefferson,
866	859		Lamar, Leon, Liberty, Madison, Marion, Montgomery, Morris,
867	860		Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Red River,
868	861		Sabine, San Augustine, San Jacinto, Shelby, Titus, Trinity, Tyler,
869	862		Upshur, or Walker County, the public fresh water of the Neches or
870	863		Trinity River in Houston County, the public fresh water of the
871	864		Colorado River in Bastrop, Colorado, Fayette, Matagorda, or Wharton
872	865		County, or the public fresh water of Falcon Lake in Starr or Zapata
873	866		County.
874		-	SECTION 56. The following provisions are repealed:
	867	+	SECTION 55. The following provisions are repealed:
875	868		(1) Section 12.0178, Agriculture Code;
876	869		(2) Sections 12.026(c) and (d), Agriculture Code;
877	870		(3) Sections 15.006, 45.009, and 46.010, Agriculture
878	871		Code;
879	872		(4) Section 47.051(1), Agriculture Code;
880	873		(5) Sections 47.053, 49.006, and 50B.002, Agriculture
881	874		Code;
882	875		(6) Sections 74.003(d), 74.0031(a), 74.120(d), and
883	876		102.167(e), Agriculture Code;
884	877		(7) Section 134.003, Agriculture Code;
885	878		(8) Section 134.005(b), Agriculture Code;
886	879		(9) Sections 134.006, 134.011, 134.012, 134.014,
887	880		134.015, and 134.019, Agriculture Code;
888	881		(10) Chapter 42, Agriculture Code;
889	882		(11) Subchapter P, Chapter 487, Government Code;
890	883		(12) Subchapter R, Chapter 487, Government Code; and
891	884		(13) Chapter 116, Health and Safety Code.
892		-	SECTION 57. (a) On the effective date of this Act, a
	885	+	SECTION 56. (a) On the effective date of this Act, a
893	886		license issued under former Section 134.011 or 134.012, Agriculture
894	887		Code, expires.
895	888		(b) As soon as practicable after the effective date of this
896	889		Act, the Department of Agriculture shall repeal all rules relating
897	890		to a license issued under former Section 134.011 or 134.012,
898	891		Agriculture Code.
899	892		(c) The repeal by this Act of Sections 134.011 and 134.012,
900	893		Agriculture Code, does not affect the validity of a proceeding
901	894		pending before a court or other governmental entity on the
902	895		effective date of this Act.
903		-	SECTION 58. Not later than December 31, 2022, the Texas
904		-	Department of Agriculture, in consultation with the standing Sunset
905		-	Advisory Commission, shall study and report its findings on the
906		-	purpose and objectives of the GO TEXAN program, and prepare a report
907		-	with any findings and recommendations to improve efficiency,
908		-	fairness, accountability, effectiveness, stakeholder engagement,
909		-	and public information as outlined by the Sunset Staff Report with
910		-	Commission Decisions, as reported to the 87th Legislature. This
911		-	report shall make recommendations to the program's processes,
912		-	eliminate inefficiencies, including any necessary statutory or
913		-	legislative changes specific to the oversight and regulation of the
914		-	GO TEXAN program. In conducting the study, the department, in
915		-	partnership with the Sunset Commission, may consult with any
916		-	interested organizations, associations, and stakeholders. The
917		-	department shall submit the report to each standing Sunset
918		-	Commission member, including the Sunset Advisory Commission,
919		-	Speaker of the House, Lieutenant Governor, and the Office of the
920		-	Governor.
921		-	SECTION 59. Not later than January 1, 2022, the
	896	+	SECTION 57. Not later than January 1, 2022, the
922	897		commissioner of agriculture shall appoint the members of the citrus
923	898		budwood advisory council under Section 19.005, Agriculture Code, as
924	899		reenacted and amended by this Act. The advisory council is
925	900		re-created on the date the commissioner of agriculture makes the
926	901		appointments required by this section, notwithstanding any
927	902		previous abolishment under Section 2110.008, Government Code.
928		-	SECTION 60. The changes in law made by this Act apply only
	903	+	SECTION 58. The changes in law made by this Act apply only
929	904		to an offense committed on or after the effective date of this Act.
930	905		An offense committed before the effective date of this Act is
931	906		governed by the law in effect when the offense was committed, and
932	907		the former law is continued in effect for that purpose. For
933	908		purposes of this section, an offense was committed before the
934	909		effective date of this Act if any element of the offense occurred
935	910		before that date.
936		-	SECTION 61. This Act takes effect September 1, 2021.
937		-	______________________________ ______________________________
938		-	President of the Senate Speaker of the House
939		-	I hereby certify that S.B. No. 703 passed the Senate on
940		-	April 19, 2021, by the following vote: Yeas 31, Nays 0; and that
941		-	the Senate concurred in House amendments on May 29, 2021, by the
942		-	following vote: Yeas 31, Nays 0.
943		-	______________________________
944		-	Secretary of the Senate
945		-	I hereby certify that S.B. No. 703 passed the House, with
946		-	amendments, on May 23, 2021, by the following vote: Yeas 144,
947		-	Nays 1, one present not voting.
948		-	______________________________
949		-	Chief Clerk of the House
950		-	Approved:
951		-	______________________________
952		-	Date
953		-	______________________________
954		-	Governor
	911	+	SECTION 59. This Act takes effect September 1, 2021.