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- Texas Agriculture Code Section 1.001 - Purpose Of Code
(a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed ...
- Texas Agriculture Code Section 1.002 - Construction Of Code
The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this ...
- Texas Agriculture Code Section 1.003 - Definitions
In this code: (1) "Commissioner" means the commissioner of agriculture. (2) "Department" means the Department of Agriculture. (3) "Livestock" means cattle, horses, mules, asses, sheep, ...
- Texas Agriculture Code Section 2.001 - Definitions
In this chapter, "agriculture" means: (1) the cultivation of the soil to produce crops; (2) horticulture, floriculture, or viticulture; (3) forestry; or (4) the raising ...
- Texas Agriculture Code Section 2.002 - Findings
The legislature finds that: (1) agriculture has been a critical element in the economic, cultural, and historical development of this state; (2) the impact of ...
- Texas Agriculture Code Section 2.003 - Policy
(a) The agricultural policy of this state must consider and address: (1) water availability issues, including planning for water supplies and drought preparedness and response, ...
- Texas Agriculture Code Section 2.004 - Agriculture Policy Board
(a) The Agriculture Policy Board, through research and analysis, shall advocate and recommend strategies for agriculture that enhance agriculture production, income, and employment, that benefit ...
- Texas Agriculture Code Section 2.005 - Policy: Bison
The agricultural policy of this state must recognize that bison: (1) are wild animals indigenous to this state; (2) are distinct from cattle, livestock, exotic ...
- Texas Agriculture Code Section 2.006 - Policy: Protection Of State From Certain Pests And Diseases
(a) The agricultural policy of this state must recognize that it is of paramount importance to protect this state and the agriculture industry in this ...
- Texas Agriculture Code Section 11.001 - Department; Commissioner
The Department of Agriculture is under the direction of the commissioner of agriculture, who is responsible for exercising the powers and performing the duties assigned ...
- Texas Agriculture Code Section 11.002 - Headquarters
The department headquarters are in Austin. Acts 1981, 67th Leg., p. 1016, ch. 388, § 1, eff. Sept. 1, 1981. ...
- Texas Agriculture Code Section 11.003 - Sunset Provision
The Department of Agriculture is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department ...
- Texas Agriculture Code Section 11.004 - Election And Term Of Commissioner
The commissioner is elected for a term of four years. Acts 1981, 67th Leg., p. 1016, ch. 388, § 1, eff. Sept. 1, 1981. ...
- Texas Agriculture Code Section 11.005 - Qualifications
(a) To be eligible for election as commissioner or appointment to fill a vacancy in the office of commissioner, a person must: (1) have been ...
- Texas Agriculture Code Section 11.007 - Deputy Commissioner
(a) The commissioner shall appoint a deputy commissioner. In order to serve as deputy commissioner, a person must have practical knowledge of agriculture, horticulture, manufacturing, ...
- Texas Agriculture Code Section 11.008 - Funds Of The Department
Except as otherwise provided by law, all money paid to the department is subject to Subchapter F, Chapter 404, Government Code. Acts 1981, 67th Leg., ...
- Texas Agriculture Code Section 12.001 - Execution Of Laws
The department shall execute all applicable laws relating to agriculture. Acts 1981, 67th Leg., p. 1017, ch. 388, § 1, eff. Sept. 1, 1981. ...
- Texas Agriculture Code Section 12.0011 - Authority To Enter Into Cooperative Agreements
To carry out its duties under this code, the department may enter into cooperative agreements with: (1) private entities; and (2) local, state, federal, and ...
- Texas Agriculture Code Section 12.0012 - Notice Of Quarantine
Text of section as added by Acts 2003, 78th Leg., ch. 369, § 2 The department, on submission for publication, shall notify the Department ...
- Texas Agriculture Code Section 12.0012 - Notification
Text of section as added by Acts 2003, 78th Leg., ch. 1107, § 1 The department shall, upon submission for publication, notify the division ...
- Texas Agriculture Code Section 12.002 - Development Of Agriculture
The department shall encourage the proper development and promotion of agriculture, horticulture, and other industries that grow, process, or produce products in this state. Acts ...
- Texas Agriculture Code Section 12.003 - Agricultural Societies
The department shall encourage the organization of agricultural societies. Acts 1981, 67th Leg., p. 1017, ch. 388, § 1, eff. Sept. 1, 1981. ...
- Texas Agriculture Code Section 12.006 - Development Of Domestic And Foreign Markets
The department shall investigate and report on the question of broadening the market and increasing the demand for cotton goods and all other agricultural or ...
- Texas Agriculture Code Section 12.007 - Plant Diseases And Pests
The department shall investigate the diseases of crops grown in this state, including grain, cotton, and fruit, to discover remedies. The department shall also investigate ...
- Texas Agriculture Code Section 12.010 - Correspondence With Government Agencies And Others
The department shall correspond with the United States Department of Agriculture, with the agriculture departments of the other states and territories, and, at the option ...
- Texas Agriculture Code Section 12.011 - Agricultural Resource Statistics
The department shall collect and publish statistics and other information relating to industries of this state and other states that the department considers beneficial in ...
- Texas Agriculture Code Section 12.013 - Employees
(a) The department may employ personnel as the duties of the department require. The commissioner shall provide to the department's employees, as often as necessary, ...
- Texas Agriculture Code Section 12.0135 - Conflict Provisions
(a) A person may not act as the general counsel to the department if the person is required to register as a lobbyist under Chapter ...
- Texas Agriculture Code Section 12.014 - Annual Report
(a) The department shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report ...
- Texas Agriculture Code Section 12.0144 - Fee Schedule
The department shall by rule adopt a schedule for all fees set by the department under this code. Except for those activities exempted in the ...
- Texas Agriculture Code Section 12.0145 - Submission Of Proposed Fee Schedule
The department shall include, as part of each request for legislative appropriations submitted to the Legislative Budget Board, a proposed fee schedule that would recover ...
- Texas Agriculture Code Section 12.015 - Cooperation With Texas A & M University And Experiment Stations
This chapter does not affect the scope or character of the work of Texas A & M University or of the agricultural experiment stations, and ...
- Texas Agriculture Code Section 12.016 - Rules
The department may adopt rules as necessary for the administration of its powers and duties under this code. Acts 1981, 67th Leg., p. 1020, ch. ...
- Texas Agriculture Code Section 12.017 - Use Of Term "Texas Agricultural Product"
(a) The department, by rule, shall regulate the use of the term "Texas Agricultural Product" and any symbol connected with that term in the selling, ...
- Texas Agriculture Code Section 12.0175 - Grown Or Produced In Texas Program
(a) The department by rule may establish programs to promote and market agricultural products and other products grown, processed, or produced in the state. (b) ...
- Texas Agriculture Code Section 12.0176 - Cooperation With Certain Commodity Producers Boards
(a) The department may, to the extent that resources are available, enter into a cooperative agreement with a commodity producers board to increase the effectiveness ...
- Texas Agriculture Code Section 12.018 - Testing
(a) On request of any person, the department may test an agricultural product for aflatoxins. The department may set and charge a fee, as provided ...
- Texas Agriculture Code Section 12.020 - Administrative Penalties
(a) If a person violates a provision of this code described by Subsection (c) of this section or a rule or order adopted by the ...
- Texas Agriculture Code Section 12.0201 - License Sanctions
(a) In addition to other sanctions provided by law, the department may revoke, modify, suspend, or refuse to issue or renew a license, assess an ...
- Texas Agriculture Code Section 12.0202 - Administrative Hearings
If the department proposes to suspend, revoke, or refuse to renew a person's license, the person is entitled to a hearing conducted by the State ...
- Texas Agriculture Code Section 12.021 - Fee For Phytosanitation Inspection; Issuance Of Certificate
The department shall collect an inspection fee, as provided by department rule, for a phytosanitation inspection required by foreign countries or other states for agricultural ...
- Texas Agriculture Code Section 12.022 - Authority To Accept Gifts
The department is authorized to accept gifts, grants, and donations and shall file annually with the governor and the presiding officer of each house of ...
- Texas Agriculture Code Section 12.023 - Expiration Of Registration Or Licenses
The department by rule may adopt a system under which registrations or licenses required by the department expire on various dates during the year. For ...
- Texas Agriculture Code Section 12.024 - Late Renewal Of License Or Registration
(a) A person who is otherwise eligible to renew a license or registration may renew an unexpired license or registration by paying the required renewal ...
- Texas Agriculture Code Section 12.025 - Program Accessibility Plan
The department shall comply with federal and state laws related to program and facility accessibility. The commissioner shall also prepare and maintain a written plan ...
- Texas Agriculture Code Section 12.026 - Public Interest Information; Complaints
(a) The department shall prepare information of public interest describing the functions of the department and the department's procedures by which complaints are filed with ...
- Texas Agriculture Code Section 12.0261 - Administrative Procedure
The department is subject to Chapter 2001, Government Code. Added by Acts 1995, 74th Leg., ch. 419, § 1.08, eff. Sept. 1, 1995. ...
- Texas Agriculture Code Section 12.027 - Economic Development Program
(a) The department shall maintain an economic development program for rural areas in this state. (b) In administering the program, the department shall: (1) promote ...
- Texas Agriculture Code Section 12.028 - Competitive Bidding Or Advertising
(a) The department may not adopt rules restricting competitive bidding or advertising by a person regulated by the department except to prohibit false, misleading, or ...
- Texas Agriculture Code Section 12.029 - Minority And Female-Owned Business Contracts
(a) The department shall establish by rule policies to encourage minority and female-owned small businesses to bid for contract and open market purchases of the ...
- Texas Agriculture Code Section 12.031 - Publications And Publication Fees
(a) The department may provide or sell information, including books, magazines, photographs, prints, and bulletins, to the public concerning agriculture, horticulture, or related industries. (b) ...
- Texas Agriculture Code Section 12.032 - Cooperation With State Office Of Administrative Hearings
(a) The commissioner and the chief administrative law judge of the State Office of Administrative Hearings by rule shall adopt a memorandum of understanding under ...
- Texas Agriculture Code Section 12.033 - Multiple Licenses
(a) In this section: (1) "Component license" means a license issued by the department that is consolidated under this section. (2) "Grocer" means a person ...
- Texas Agriculture Code Section 12.034 - Refund Or Waiver Of Fees
The department by rule may provide for: (1) the full or partial refund of a fee collected by the department; (2) the waiver of a ...
- Texas Agriculture Code Section 12.035 - Notice To Examinee
Not later than the 30th day after the date on which a licensing or registration examination is administered under this code, the department shall notify ...
- Texas Agriculture Code Section 12.036 - Licensing Out-Of-State Applicants
The department may waive any prerequisite to obtaining a license or registration for an applicant after reviewing the applicant's credentials and determining that the applicant ...
- Texas Agriculture Code Section 12.037 - Continuing Education
The department may recognize, prepare, or administer continuing education programs for its license holders. Added by Acts 1995, 74th Leg., ch. 419, § 1.09, eff. ...
- Texas Agriculture Code Section 12.038 - Office Of Rural Affairs
(a) The department shall establish and maintain an Office of Rural Affairs. The office shall be headed by a rural affairs director. To be eligible ...
- Texas Agriculture Code Section 12.039 - Texas Certified Retirement Community Program
Text of section as added by Acts 2005, 79th Leg., ch. 214, § 1 (a) In this section, "program" means the Texas Certified Retirement ...
- Texas Agriculture Code Section 12.039 - Certain Wine Produced Or Bottled In This State
Text of section as added by Acts 2005, 79th Leg., ch. 878, § 1 (a) The Texas Wine Marketing Research Institute or other qualified ...
- Texas Agriculture Code Section 12.041 - School Breakfast And Lunch Program
(a) The department, the Texas Education Agency, and the Health and Human Services Commission shall ensure that applicable information maintained by each entity is used ...
- Texas Agriculture Code Section 13.001 - Definitions
(a) In this chapter: (1) "Weight or measure" includes a weight, scale, beam, or measure of any kind; an instrument or mechanical device for weighing ...
- Texas Agriculture Code Section 13.002 - Enforcement Of Chapter
(a) The department shall enforce the provisions of this chapter and shall supervise all weights and measures sold or offered for sale in this state. ...
- Texas Agriculture Code Section 13.004 - Expenses
The commissioner and chief deputy of weights and measures are entitled to reimbursement for actual expenses while traveling on state business. Acts 1981, 67th Leg., ...
- Texas Agriculture Code Section 13.007 - Civil Penalty; Injunction
(a) A person who violates this chapter or a rule adopted under this chapter is liable to the state for a civil penalty not to ...
- Texas Agriculture Code Section 13.021 - Legal Standards
(a) The legal standard of weights and measures in this state is the standard of weights and measures adopted and used by the government of ...
- Texas Agriculture Code Section 13.022 - Standard For Length And Surface
(a) The standard unit of length and surface is the yard. The yard is divided into three equal parts called feet. Each foot is divided ...
- Texas Agriculture Code Section 13.023 - Standard For Weight
(a) The standard for weight is the standard of avoirdupois and troy weights. Other weights shall be derived and ascertained from that standard. (b) The ...
- Texas Agriculture Code Section 13.024 - Standard For Liquid Capacity
(a) The standard unit of measure of capacity for liquids is the gallon. (b) The barrel consists of 31-1/2 gallons. A hogshead consists of two ...
- Texas Agriculture Code Section 13.025 - Standard For Solid Capacity
(a) The standard unit of measure of capacity for a solid is the half bushel. (b) The peck, half-peck, quarter-peck, quart, and pint measures for ...
- Texas Agriculture Code Section 13.026 - Cord
(a) A cord is equal to 128 cubic feet or the contents of a space 8 feet long, 4 feet wide, and 4 feet high. ...
- Texas Agriculture Code Section 13.027 - Standard Net Weight Or Count Set By Rule
(a) The department by rule may establish a standard net weight or net count for any commodity and prescribe tolerances for those standards as the ...
- Texas Agriculture Code Section 13.028 - Standard Weight Per Bushel For Certain Commodities
If the following commodities are sold by the bushel and no agreement is made by the parties as to the measurement or weight, the bushel ...
- Texas Agriculture Code Section 13.030 - Sale Of Commodities By Net Weight
(a) If a commodity is sold on the basis of weight, the net weight of the commodity shall be employed in the sale. A contract ...
- Texas Agriculture Code Section 13.031 - Sale Of Commodities By Proper Measure
(a) Except as otherwise provided by this section, a liquid commodity shall be sold by liquid measure. A commodity, including a good, ware, or merchandise ...
- Texas Agriculture Code Section 13.032 - Standard Fill And Quantity Labeling For Commodities In Package Form
(a) For the purpose of preventing the sale of commodities in package form with containers that mislead the purchaser as to quantity, the department by ...
- Texas Agriculture Code Section 13.033 - Sale Of Milk Or Cream In Nonstandard Container
A person commits an offense if the person sells or keeps, offers, or exposes for sale milk or cream in bottles or other containers of ...
- Texas Agriculture Code Section 13.034 - Sale Of Cheese, Meat, Or Meat Food Product By Nonstandard Weight
(a) Except as otherwise provided by this section or Section 13.032 of this code, cheese, meat, and meat food products shall be sold by standard ...
- Texas Agriculture Code Section 13.035 - Price Advertisement; Misrepresentation Of Price Or Quantity
(a) If a price sign, card, tag, poster, or other advertisement displaying the price of a commodity or other item includes a whole number and ...
- Texas Agriculture Code Section 13.036 - False Representation Of Commodity Quantity
A person commits an offense if the person or the person's servant or agent: (1) sells or offers or exposes for sale a quantity of ...
- Texas Agriculture Code Section 13.037 - Use Of False Weight Or Measure
(a) A person commits an offense if the person or the person's servant or agent uses a false weight or measure in: (1) buying or ...
- Texas Agriculture Code Section 13.038 - Sale Of Commodity In Violation Of Subchapter
A person commits an offense if the person or the person's servant or agent sells or keeps, offers, or exposes for sale a commodity in ...
- Texas Agriculture Code Section 13.039 - Testing Of Package By Sealer
(a) A sealer appointed under Subchapter C of this chapter shall from time to time weigh or measure a package, or an amount of any ...
- Texas Agriculture Code Section 13.040 - Stop-Sale Order
(a) If the department has reason to believe that a commodity is being sold or kept, offered, or exposed for sale in violation of Section ...
- Texas Agriculture Code Section 13.041 - Penalties; Defense
(a) An offense under Section 13.021, 13.027, 13.029, or each of Sections 13.030 through 13.039 of this code is a Class C misdemeanor. (b) It ...
- Texas Agriculture Code Section 13.101 - Required Inspection
(a) At least once every four years, or more often as required by the department, a weight or measure shall be inspected and tested for ...
- Texas Agriculture Code Section 13.1011 - Required Registration
(a) A person who operates a pump, scale, or bulk or liquefied petroleum gas metering device for a commercial transaction must register annually with the ...
- Texas Agriculture Code Section 13.1012 - Service Person Registration Requirement
(a) A person may not place into service or remove any out-of-order tag from any weighing or measuring devices unless the person holds a registration ...
- Texas Agriculture Code Section 13.102 - Inspection Seal Required Prior To Sale
(a) Except as provided by Subsection (b) or (c) of this section, a person may not sell a weight or measure unless it bears a ...
- Texas Agriculture Code Section 13.104 - State Sealers
(a) The commissioner may appoint deputies, as provided for by appropriation, and inspectors, lecturers, and other employees of the department to serve as state sealers ...
- Texas Agriculture Code Section 13.108 - Powers And Duties Of Sealers
(a) In addition to inspecting, testing, and sealing weights and measures, each sealer and deputy sealer shall: (1) preserve all copies of the standards used ...
- Texas Agriculture Code Section 13.109 - Rules Governing Sealers
The department shall issue instructions and adopt rules governing state sealers as necessary to carry out the purposes of this chapter. Acts 1981, 67th Leg., ...
- Texas Agriculture Code Section 13.110 - Inspecting, Testing, And Sealing
(a) In accordance with this subchapter, each sealer may inspect and test all weights and measures used in the locality to which the sealer is ...
- Texas Agriculture Code Section 13.111 - Repair Or Destruction Of Incorrect Weights Or Measures
(a) If, in the judgment of the sealer, a weight or measure found to be incorrect is not capable of being repaired, the sealer may ...
- Texas Agriculture Code Section 13.112 - Tests For State Institutions
As requested by the State Purchasing and General Services Commission or the governing body of a state institution, the department shall test each weight or ...
- Texas Agriculture Code Section 13.113 - Standards Used In Inspection
(a) The standards of weights and measures received from the United States and certified by the National Institute of Standards and Technology are the state's ...
- Texas Agriculture Code Section 13.114 - Tolerances
(a) The department shall establish tolerances and specifications for commercial weighing and measuring apparatus used in this state. The tolerances and specifications shall be similar ...
- Texas Agriculture Code Section 13.115 - Fees For Department Inspection
(a) The department shall collect a fee in accordance with this section for each test of a weight or measure required by this subchapter or ...
- Texas Agriculture Code Section 13.1151 - Fees For Registration And Inspection
The department may charge the owner or operator of a device a fee, as provided by department rule, to recover the costs of registration and ...
- Texas Agriculture Code Section 13.116 - Use Or Sale Of Unsealed Weight Or Measure
(a) A person commits an offense if the person or the person's servant or agent: (1) offers or exposes for sale, hire, or award or ...
- Texas Agriculture Code Section 13.117 - Refusing To Permit Test Of Weight Or Measure
A person commits an offense if the person neglects or refuses to exhibit a weight or measure under the person's control or in the person's ...
- Texas Agriculture Code Section 13.118 - Hindering Sealer
A person commits an offense if the person hinders or obstructs in any way the department or a sealer in the performance of official duties. ...
- Texas Agriculture Code Section 13.119 - Removal Of Sealer's Tag
A person commits an offense if the person removes or obliterates a tag or device placed on a weight or measure under Section 13.110 or ...
- Texas Agriculture Code Section 13.120 - Sale Or Use Of False Weights Or Measures
(a) The department may condemn and prohibit the sale or distribution of any false weight or measure that is sold, offered for sale, or about ...
- Texas Agriculture Code Section 13.121 - Disposing Of Condemned Weight
A person commits an offense if the person or the person's servant or agent disposes of a weight or measure condemned under Section 13.111 or ...
- Texas Agriculture Code Section 13.122 - Penalties
An offense under Section 13.114 or each of Sections 13.116 through 13.121 is a Class C misdemeanor. Acts 1981, 67th Leg., p. 1036, ch. 388, ...
- Texas Agriculture Code Section 13.251 - Definition
In this subchapter, "public weigher" means a person who is elected or appointed to issue an official certificate declaring the accurate weight or measure of ...
- Texas Agriculture Code Section 13.252 - Appointment Of Public Weighers
(a) The department may appoint public weighers of the following classifications: (1) appointed county public weighers, who may issue an official certificate only for the ...
- Texas Agriculture Code Section 13.253 - Election Of Public Weighers
(a) The commissioners court of a county by order may provide for the election of a public weigher to serve only within the county for ...
- Texas Agriculture Code Section 13.2535 - Local Option Election To Abolish Office
(a) The office of elected county public weigher is abolished in a county if the abolition is approved by a majority of the votes received ...
- Texas Agriculture Code Section 13.254 - Deputy Public Weighers
(a) A county public weigher, whether elected or appointed, may appoint the number of deputies that the public weigher believes necessary to assist the public ...
- Texas Agriculture Code Section 13.255 - Certificate
(a) A public weigher, whether elected or appointed, or deputy public weigher may not officially weigh a commodity unless the weigher has obtained from the ...
- Texas Agriculture Code Section 13.2555 - Revocation, Modification, Or Suspension Of Certificate
(a) The department shall revoke, modify, or suspend the certificate of authority of an appointed public weigher or a deputy of an appointed county public ...
- Texas Agriculture Code Section 13.256 - Bond
(a) Each county public weigher, whether elected or appointed, and each deputy public weigher shall execute for the full term of office a bond that ...
- Texas Agriculture Code Section 13.257 - Recording Of Weights And Measures
(a) On each certificate of weight or measure that a public weigher or deputy public weigher issues, the public weigher or deputy public weigher shall ...
- Texas Agriculture Code Section 13.258 - Duties Of The Department
The department shall supervise public weighers and shall adopt rules necessary to enforce this subchapter. On application by an interested party, the department shall review ...
- Texas Agriculture Code Section 13.259 - Penalty For Issuing A False Certificate
(a) A public weigher or deputy public weigher who intentionally or knowingly issues a certificate of weight or measure giving a false weight or measure ...
- Texas Agriculture Code Section 13.260 - Penalty For Issuing Certificate Without Authority
(a) A person who intentionally or knowingly issues an official certificate of weight or measure for any commodity without first obtaining a certificate of authority ...
- Texas Agriculture Code Section 13.261 - Power Of Department; Rules
The department may adopt rules governing the procedures to be followed in administering the fees imposed under this subchapter. Added by Acts 1985, 69th Leg., ...
- Texas Agriculture Code Section 13.301 - Definitions
In this subchapter: (1) "Person" means any individual, partnership, firm, corporation, association, or any other business entity. (2) "Liquefied petroleum gas meter" means a device ...
- Texas Agriculture Code Section 13.302 - License Requirement
(a) A person may not inspect or test liquefied petroleum gas meters unless the person holds a license issued under this subchapter. (b) The department ...
- Texas Agriculture Code Section 13.303 - General Requirements For License Issuance Or Renewal
Before a license is issued or renewed by the department under this subchapter: (1) the person applying for the license or renewal of the license ...
- Texas Agriculture Code Section 13.304 - License And Renewal; Fees
(a) An application for a license shall be submitted to the department on a form prescribed by the department, accompanied by an annual license fee ...
- Texas Agriculture Code Section 13.305 - Duties Of The Department
(a) The department by rule may adopt a system to periodically monitor and inspect or test scales inspected and tested by the license holder. (b) ...
- Texas Agriculture Code Section 13.306 - Denial, Revocation, Modification, Or Suspension Of License
(a) The department may refuse to issue a license for inspecting or testing of liquefied gas meters if the applicant fails to comply with this ...
- Texas Agriculture Code Section 13.307 - Civil Penalty; Injunction
(a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not ...
- Texas Agriculture Code Section 13.308 - Criminal Penalty
(a) An individual commits an offense if the individual is required to be licensed under this subchapter, is not licensed under this subchapter, and performs ...
- Texas Agriculture Code Section 13.351 - Definitions
In this subchapter: (1) "Person" means any individual, partnership, firm, corporation, association, or any other business entity. (2) "Ranch scale" means a livestock scale which ...
- Texas Agriculture Code Section 13.352 - License Requirement
(a) A person may not inspect or test ranch scales unless the person holds a license issued under this subchapter. (b) The department shall issue ...
- Texas Agriculture Code Section 13.353 - General Requirements For License Issuance Or Renewal
Before a license is issued or renewed by the department under this subchapter: (1) the person applying for the license or renewal of the license ...
- Texas Agriculture Code Section 13.354 - License And Renewal; Fees
(a) An application for a license shall be submitted to the department on a form prescribed by the department, accompanied by an annual license fee ...
- Texas Agriculture Code Section 13.355 - Duties Of The Department
(a) The department by rule may adopt a system to periodically monitor and inspect or test scales inspected and tested by the license holder. (b) ...
- Texas Agriculture Code Section 13.356 - Denial, Revocation, Modification, Or Suspension Of License
(a) The department may refuse to issue a license for inspecting or testing of ranch scales if the applicant fails to comply with this subchapter. ...
- Texas Agriculture Code Section 13.357 - Civil Penalty; Injunction
(a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not ...
- Texas Agriculture Code Section 13.358 - Criminal Penalty
(a) An individual commits an offense if the individual is required to be licensed under this subchapter, is not licensed under this subchapter, and performs ...
- Texas Agriculture Code Section 13.401 - License Requirement
(a) A person who has a license issued under this subchapter has all of the powers and duties of a sealer under this chapter except ...
- Texas Agriculture Code Section 13.402 - General Requirements For License Issuance Or Renewal
Before a license is issued or renewed by the department under this subchapter: (1) the person applying for the license or renewal of the license ...
- Texas Agriculture Code Section 13.403 - License And Renewal; Fees
(a) An application for a license shall be submitted to the department on a form prescribed by the department, accompanied by an annual license fee ...
- Texas Agriculture Code Section 13.404 - Duties Of Department
(a) The department by rule may adopt a system to periodically monitor and inspect or test scales inspected and tested by the license holder. (b) ...
- Texas Agriculture Code Section 13.405 - Denial, Revocation, Modification, Of Suspension Of License
(a) The department may refuse to issue a license for inspecting or testing of weighing and measuring devices if the applicant fails to comply with ...
- Texas Agriculture Code Section 13.406 - Civil Penalty; Injunction
(a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not ...
- Texas Agriculture Code Section 13.407 - Criminal Penalty
(a) An individual commits an offense if the individual is required to be licensed under this subchapter, is not licensed under this subchapter, and performs ...
- Texas Agriculture Code Section 14.001 - Definitions
(a) In this chapter: (1) "Depositor" means a person who: (A) delivers grain to a public grain warehouse for storing of the grain for hire, ...
- Texas Agriculture Code Section 14.011 - Limitation Of Chapter
This chapter does not apply to: (1) a public grain warehouse covered by a license for the operation of a public grain warehouse issued by ...
- Texas Agriculture Code Section 14.012 - Business Information
(a) The following information, prepared by the department in the course of its regulatory authority under this chapter or required to be submitted to the ...
- Texas Agriculture Code Section 14.013 - Right To Intervene And Notification Of Department
(a) The department may intervene in a suit for receivership, garnishment, bankruptcy, or any other legal action affecting the assets of a warehouse operator licensed ...
- Texas Agriculture Code Section 14.014 - Receivership Affecting Warehouse Assets
(a) A person appointed receiver for the assets of a warehouse operator licensed under this chapter is not required to obtain a license from the ...
- Texas Agriculture Code Section 14.015 - Powers And Duties Of Department
The department shall administer this chapter and may: (1) investigate the storing, shipping, and handling of grain and complaints relating to these activities through the ...
- Texas Agriculture Code Section 14.021 - License Required
A person may not operate a public grain warehouse without first obtaining from the department a license in the person's name covering the warehouse. Acts ...
- Texas Agriculture Code Section 14.022 - Licensing Of Multiple Warehouses
(a) In this section: (1) "Combination" means a group of two or more public grain warehouses or facilities operated under a single set of complete ...
- Texas Agriculture Code Section 14.023 - Licensing Procedure
(a) The department may issue, renew, or amend a license following a determination that: (1) the applicant has filed an acceptable bond, a financial statement ...
- Texas Agriculture Code Section 14.024 - Requirement For Increasing Capacity
A warehouse operator may not use any increased warehouse capacity without first obtaining written approval from the department. Acts 1981, 67th Leg., p. 1048, ch. ...
- Texas Agriculture Code Section 14.031 - Bond
(a) In accordance with this section, each applicant for a license shall file or have on file a bond with the department. (b) The bond ...
- Texas Agriculture Code Section 14.032 - Additional Bond
(a) If the department determines that an approved bond is insufficient, the department shall require the warehouse operator to give additional bond. (b) If a ...
- Texas Agriculture Code Section 14.033 - Bond Cancellation
(a) A warehouse operator may not cancel a bond approved by the department unless the department first gives written approval of a substitute bond. (b) ...
- Texas Agriculture Code Section 14.034 - Cancellation Of Letter Of Credit
(a) A warehouse operator may not cancel a letter of credit approved by the department in lieu of a bond unless the department gives written ...
- Texas Agriculture Code Section 14.035 - Cancellation Of Certificate Of Deposit Or Cash
(a) A warehouse operator may not repossess a certificate of deposit or cash approved by and deposited with the department in lieu of a bond ...
- Texas Agriculture Code Section 14.041 - Casualty Insurance
(a) Except as provided by Subsections (c) and (d), an applicant for a license must file or have on file with the department a certificate ...
- Texas Agriculture Code Section 14.042 - Insurance Cancellation
(a) A warehouse operator may not cancel an insurance policy approved by the department unless the department gives written approval of a substitute policy. (b) ...
- Texas Agriculture Code Section 14.043 - Additional Insurance
(a) If the department determines that an approved insurance policy is insufficient, the department shall require the warehouse operator to obtain additional insurance. (b) If ...
- Texas Agriculture Code Section 14.051 - Posting Of License
Each warehouse operator shall immediately on receipt of a license post the original in a conspicuous place at the primary recordkeeping location for the individually ...
- Texas Agriculture Code Section 14.052 - Warehouse Operator Obligations
(a) The obligations of a warehouse operator include the obligation to: (1) deliver grain to a person holding a receipt for grain stored in the ...
- Texas Agriculture Code Section 14.053 - Receipt Forms
(a) A warehouse operator shall use one set of serially numbered and sequentially issued receipts for all warehouses operated under a single license. In addition ...
- Texas Agriculture Code Section 14.054 - Issuance Of Scale Weight Ticket Or Receipt
(a) On receiving grain, a warehouse operator shall issue to the person delivering the grain a serially numbered scale weight ticket in a form approved ...
- Texas Agriculture Code Section 14.055 - Duplicate Receipts
(a) Except as otherwise provided by this section, if a receipt issued under this chapter is outstanding, another receipt covering all or part of the ...
- Texas Agriculture Code Section 14.056 - Receipt For Grain Owned By Warehouse Operator
A warehouse operator may issue a receipt for grain that is owned by the warehouse operator, in whole or part, and located in the warehouse ...
- Texas Agriculture Code Section 14.057 - Records
(a) Every warehouse operator shall keep in a safe place complete and correct records and accounts pertaining to the public grain warehouse, including records and ...
- Texas Agriculture Code Section 14.058 - Posting Of Storage Rates Or Tariffs
(a) A public grain warehouse licensed under this chapter shall post a copy of all storage rates and tariffs charged by the warehouse operator at ...
- Texas Agriculture Code Section 14.059 - Inspections; Fee
(a) On request by the department, a warehouse operator shall report to the department on the condition, operation, and business of each public grain warehouse ...
- Texas Agriculture Code Section 14.061 - Warehouse Receipt As Prima Facie Evidence
In an action involving a warehouse operator that is brought under this chapter, a warehouse receipt constitutes prima facie evidence of the truth of the ...
- Texas Agriculture Code Section 14.062 - Invalid Receipts
Notwithstanding any other provision of this code or the Business & Commerce Code, a receipt for grain is void as to any person who receives ...
- Texas Agriculture Code Section 14.063 - Termination Of Storage
(a) A warehouse operator desiring to terminate the storage of grain in the warehouse operator's warehouse, including grain that is abandoned or is unclaimed prior ...
- Texas Agriculture Code Section 14.064 - Certain Loadout Fees Prohibited
(a) A warehouse operator may not charge a fee for loading out grain if the loadout was the result of the misconduct of the warehouse ...
- Texas Agriculture Code Section 14.065 - Recovery On Bond; Liability Of Warehouse Operator
(a) If no action on the bond or cash, certificate of deposit, or letter of credit deposited in lieu of a bond of a warehouse ...
- Texas Agriculture Code Section 14.066 - Appeal Of Department Action By Warehouse Operator
(a) A department action or order affecting a warehouse operator under this chapter, other than by rulemaking, assessment of an administrative penalty, or imposition of ...
- Texas Agriculture Code Section 14.071 - General Penalty
(a) A person commits an offense if the person violates a provision of this chapter for which an offense is not expressly provided. (b) An ...
- Texas Agriculture Code Section 14.072 - Penalty For Operating Without A License
(a) A person commits an offense if the person: (1) transacts any public grain warehouse business without first obtaining a license required by this chapter; ...
- Texas Agriculture Code Section 14.073 - Penalty For Fraud
(a) A person commits an offense if the person: (1) issues or aids in issuing a receipt or scale weight ticket knowing that the grain ...
- Texas Agriculture Code Section 14.074 - Penalty For Unlawful Delivery
(a) A person commits an offense if the person: (1) delivers grain out of a public grain warehouse knowing that a negotiable receipt for the ...
- Texas Agriculture Code Section 14.075 - Penalty For Fraudulently Issuing A Scale Weight Ticket Or Receipt
(a) A person commits an offense if the person fraudulently issues or aids in fraudulently issuing a receipt or scale weight ticket knowing that it ...
- Texas Agriculture Code Section 14.076 - Penalty For Changing A Receipt Or Scale Weight Ticket After Issuance
(a) A person commits an offense if the person changes a receipt or scale weight ticket after its issuance. (b) It is a defense to ...
- Texas Agriculture Code Section 14.077 - Penalty For Depositing Grain Without Title
(a) A person commits an offense if the person: (1) deposits grain without having title to the grain or deposits grain on which there is ...
- Texas Agriculture Code Section 14.078 - Penalty For Stealing Grain Or Receiving Stolen Grain
(a) A person commits an offense if the person: (1) obtains or exercises control over grain stored in a public grain warehouse without the owner's ...
- Texas Agriculture Code Section 14.079 - Penalty For Interfering With Sealed Warehouse Or Department Inspection Or Investigation
(a) A person commits an offense if the person: (1) without the department's consent and with the intent to obstruct the department's regulation, management, or ...
- Texas Agriculture Code Section 14.081 - Offense Is Violation; Standard Of Proof
(a) Commission of an offense under this chapter is also a violation for purposes of administrative enforcement by the department. (b) Proof of a violation ...
- Texas Agriculture Code Section 14.082 - Discovery Of Shortage; Refusal Of Inspection
(a) If the department determines that a warehouse operator does not possess sufficient grain to cover outstanding receipts and outstanding scale weight tickets issued or ...
- Texas Agriculture Code Section 14.083 - Denial, Revocation, Modification, Or Suspension Of License Or Probation
(a) The department may deny an application for a license or license renewal if the applicant fails to comply with a requirement of this chapter, ...
- Texas Agriculture Code Section 14.084 - Operation After Revocation Or Suspension Of A License Or Probation
(a) If a license is revoked, the warehouse operator shall terminate, in a manner prescribed by the department, all arrangements concerning storing, shipping, handling, and ...
- Texas Agriculture Code Section 14.085 - Injunction
(a) If, after notice, a warehouse operator refuses to comply with this chapter, the department may apply for an injunction in a district court in ...
- Texas Agriculture Code Section 14.086 - Civil Penalty
(a) A person who violates this chapter is liable for a civil penalty of not less than $500 or more than $10,000 for each violation. ...
- Texas Agriculture Code Section 14.087 - Recovery Of Court Costs
(a) On prevailing in an action commenced by the department through the attorney general under this chapter or in a hearing commenced by the warehouse ...
- Texas Agriculture Code Section 14.088 - Venue
(a) Venue for a criminal prosecution under this chapter is in the county in which the alleged offense occurred. (b) Except for an action for ...
- Texas Agriculture Code Section 15.001 - Definitions
In this subchapter: (1) "Farmers market" means a location at which a group of two or more farmers that are certified under the department's farmers ...
- Texas Agriculture Code Section 15.002 - Establishment Of Special Nutrition Program
The Texas Department of Health may establish a special nutrition program to distribute to certain participants of the W.I.C. program food coupons that are redeemable ...
- Texas Agriculture Code Section 15.003 - Eligibility; Amount Of Allotment
(a) A person is eligible to participate in the special nutrition program if the person is enrolled in the W.I.C. program and resides in an ...
- Texas Agriculture Code Section 15.005 - Rules
The Texas Board of Health shall adopt rules under this subchapter that provide for: (1) the design, printing, and denominations of the food coupons; (2) ...
- Texas Agriculture Code Section 15.006 - Annual Report
The department and the Texas Department of Health shall jointly prepare an annual report concerning the special nutrition program and submit a copy of the ...
- Texas Agriculture Code Section 15.007 - Program Funds
The Texas Department of Health may accept gifts and grants from the federal government, the state, and private sources as well as legislative appropriations for ...
- Texas Agriculture Code Section 16.001 - Definitions
In this chapter: (1) "Account" means the fuel ethanol and biodiesel production account. (2) "ASTM" means the American Society for Testing and Materials. (3) "Biodiesel" ...
- Texas Agriculture Code Section 16.002 - Plant Registration
(a) To be eligible for a grant for fuel ethanol or biodiesel produced in a plant, a producer must apply to the office for the ...
- Texas Agriculture Code Section 16.003 - Reports
(a) On or before the fifth day of each month, a producer shall report to the office on: (1) the number of gallons of fuel ...
- Texas Agriculture Code Section 16.004 - Fuel Ethanol And Biodiesel Production Account
(a) The fuel ethanol and biodiesel production account is an account in the general revenue fund that may be appropriated only to the office for ...
- Texas Agriculture Code Section 16.005 - Fee On Fuel Ethanol And Biodiesel Production
(a) The office shall impose a fee on each producer in an amount equal to 3.2 cents for each gallon of fuel ethanol or biodiesel ...
- Texas Agriculture Code Section 16.006 - Fuel Ethanol And Biodiesel Grants
(a) The office, after consultation with the department, shall make grants to producers as an incentive for the development of the fuel ethanol and biodiesel ...
- Texas Agriculture Code Section 18.001 - Definitions
In this subchapter: (1) "Agricultural product" means any raw or processed agricultural commodity or product, including any commodity or product derived from livestock, that is ...
- Texas Agriculture Code Section 18.002 - Organic Standards Program
(a) The department by rule may create and administer a program for the administration and enforcement of standards related to organic agricultural products, including certification ...
- Texas Agriculture Code Section 18.003 - Organic Certification
(a) The department may certify each person who produces, processes, distributes, or handles an organic agricultural product in this state. (b) A person may apply ...
- Texas Agriculture Code Section 18.004 - Registration Program
The department by rule may establish a voluntary or mandatory registration program for persons who produce, process, distribute, handle, or advertise organic products in this ...
- Texas Agriculture Code Section 18.006 - Fees
(a) The department by rule may require a fee for each: (1) application for certification; (2) application for registration or registration renewal; (3) annual report ...
- Texas Agriculture Code Section 18.007 - Denial, Suspension, Or Revocation Of Organic Certification Or Registration
The department may deny, suspend, or revoke a certification or registration issued under this subchapter if the person to whom the certification or registration was ...
- Texas Agriculture Code Section 18.0075 - Administrative Procedures
(a) To the extent consistent with the requirements of the national organic program, the department by rule shall adopt administrative procedures relating to assessment of ...
- Texas Agriculture Code Section 18.008 - Penalty
(a) A person commits an offense if the person knowingly: (1) violates this subchapter; or (2) fails to comply with a notice, order, or rule ...
- Texas Agriculture Code Section 18.009 - Civil Penalty; Injunction
(a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty not to ...
- Texas Agriculture Code Section 18.010 - Stop-Sale Order
(a) If an organic agricultural product is being sold or distributed in violation of this subchapter or a rule adopted under this subchapter, the department ...
- Texas Agriculture Code Section 18.011 - Public Information
Information created, collected, assembled, or maintained by the department under this subchapter is public information, except that the department by rule may exempt specified information ...
- Texas Agriculture Code Section 18.051 - Product Certification Programs
(a) The department may establish certification programs relating to the protection, sale, advertising, marketing, transporting, or other commercial handling of agricultural, horticultural, or related products ...
- Texas Agriculture Code Section 18.052 - Standards
The department by rule may develop minimum certification standards for the administration and enforcement of this subchapter. Added by Acts 1995, 74th Leg., ch. 425, ...
- Texas Agriculture Code Section 18.053 - Fees
The department may set fees under this subchapter in amounts that do not exceed the amounts reasonably necessary to enable the department to recover the ...
- Texas Agriculture Code Section 18.054 - Civil Penalty; Injunction
(a) A person who violates this subchapter or a rule adopted by the department under this subchapter is liable for a civil penalty not to ...
- Texas Agriculture Code Section 18.071 - Agricultural Certification
The department may establish certification programs under this subchapter relating to the protection, sale, advertising, marketing, or related production processes in this state. Added by ...
- Texas Agriculture Code Section 18.072 - Certification Standards
The department by rule may develop programs establishing minimum certification standards for production processes. Added by Acts 1995, 74th Leg., ch. 425, § 1, eff. ...
- Texas Agriculture Code Section 18.073 - Fees
The department may set fees under this subchapter in amounts that do not exceed the amounts reasonably necessary to enable the department to recover the ...
- Texas Agriculture Code Section 18.074 - Administrative Penalty
The department may assess an administrative penalty under Section 12.020 if the department determines that a person is falsely claiming to be certified under this ...
- Texas Agriculture Code Section 19.001 - Purpose
The purpose of this chapter is to: (1) establish a certified citrus budwood program to produce citrus trees that are horticulturally sound, are free from ...
- Texas Agriculture Code Section 19.002 - Definitions
In this chapter: (1) "Advisory council" means the citrus budwood advisory council. (2) "Certified citrus budwood" means citrus budwood that meets standards required by the ...
- Texas Agriculture Code Section 19.003 - Scope
This chapter applies to all citrus nurseries and citrus growers. Added by Acts 1995, 74th Leg., ch. 358, § 1, eff. June 8, 1995. Amended ...
- Texas Agriculture Code Section 19.004 - Citrus Budwood Certification Program
(a) The citrus budwood certification program is established. The department administers the program. (b) The department shall accomplish the purposes of the program through the ...
- Texas Agriculture Code Section 19.005 - Advisory Council
(a) The commissioner shall appoint the advisory council. The advisory council is composed of seven members, including: (1) one member representing the department; (2) one ...
- Texas Agriculture Code Section 19.006 - Rules
The department, with the advice of the advisory council, shall adopt standards and rules: (1) necessary to administer the citrus budwood certification program; and (2) ...
- Texas Agriculture Code Section 19.007 - Certification Standards
(a) The department shall establish: (1) the certification standards for genetic purity for varieties of citrus budwood by type; (2) procedures that must be followed ...
- Texas Agriculture Code Section 19.008 - Applying For Foundation Grove Designation And Budwood Certification
A person who desires to operate a foundation grove and produce certified citrus budwood for sale to the citrus industry shall apply for foundation grove ...
- Texas Agriculture Code Section 19.009 - Revocation
The department shall establish rules regarding the revocation of foundation grove designation and citrus budwood certification. Added by Acts 1995, 74th Leg., ch. 358, § ...
- Texas Agriculture Code Section 19.010 - Program Cost; Fees; Account
(a) The department shall set and collect fees from persons applying for foundation grove designation or citrus budwood certification. The department shall set the fees ...
- Texas Agriculture Code Section 19.011 - Stop-Sale Order
(a) If a person offers citrus budwood or a citrus nursery tree for sale falsely claiming that it is certified or that it comes from ...
- Texas Agriculture Code Section 19.012 - Criminal Penalty
(a) A person commits an offense if the person: (1) sells or offers to sell citrus budwood or a citrus nursery tree falsely claiming that ...
- Texas Agriculture Code Section 19.013 - Civil Penalty; Injunction
(a) A person who violates this chapter or an order adopted under this chapter is liable to the state for a civil penalty not to ...
- Texas Agriculture Code Section 19.014 - Administrative Penalties
The department may assess an administrative penalty under Chapter 12 for a violation of this chapter if the department finds that a person: (1) sells ...
- Texas Agriculture Code Section 21.001 - Creation
The department by rule shall develop a program to award grants to nonprofit organizations for the purpose of collecting and distributing surplus agricultural products to ...
- Texas Agriculture Code Section 21.002 - Eligibility
Subject to available funds, a nonprofit organization is eligible to receive a grant under this chapter if the organization: (1) has at least five years ...
- Texas Agriculture Code Section 21.003 - Report
A nonprofit organization that receives a grant under this chapter must report the results of the project to the department in the manner prescribed by ...
- Texas Agriculture Code Section 14A.001 - Definitions
In this chapter: (1) "Public warehouse operator" means a person who stores cotton, wheat, rye, oats, or rice, or any kind of produce. (2) "Warehouse" ...
- Texas Agriculture Code Section 14A.002 - Certificate To Transact Business
No person may operate a warehouse without first obtaining a certificate to transact business as a public warehouse operator from the county clerk of the ...
- Texas Agriculture Code Section 14A.003 - Application For Certificate
(a) In order to obtain a certificate to transact business, a person must apply in writing to the county clerk of the county in which ...
- Texas Agriculture Code Section 14A.004 - Bond
(a) A person receiving a certificate to transact business shall file a bond with the county clerk granting the certificate. (b) The bond must be: ...
- Texas Agriculture Code Section 14A.005 - Receipts
(a) The owner or depositor of property stored in a warehouse may request from the public warehouse operator a receipt for the property stored in ...
- Texas Agriculture Code Section 14A.006 - Receipt For Cotton
(a) A public warehouse operator shall issue a warehouse receipt to any person who deposits cotton in the warehouse operator's warehouse and requests a receipt. ...
- Texas Agriculture Code Section 14A.007 - Duplicate Receipts
(a) A public warehouse operator may not issue a duplicate receipt or two receipts bearing the same number from the same warehouse during the same ...
- Texas Agriculture Code Section 14A.008 - Exchange Of Cotton Receipts
(a) A person may exchange a nonnegotiable receipt for cotton for a negotiable receipt for cotton by: (1) returning the nonnegotiable receipt to the warehouse ...
- Texas Agriculture Code Section 14A.009 - Cotton Under Lien
A person who buys, sells, or deals with cotton on which a lien or encumbrance exists is not liable for conversion of the cotton if: ...
- Texas Agriculture Code Section 14A.010 - Receipt To Be Issued Only On Delivery
A public warehouse operator may not issue a receipt until the goods secured by the receipt are actually delivered to the warehouse and are under ...
- Texas Agriculture Code Section 14A.011 - Delivery
(a) A public warehouse operator shall immediately deliver property held in the warehouse on: (1) presentation of a properly endorsed receipt issued by the warehouse ...
- Texas Agriculture Code Section 14A.012 - Exceptions
(a) This chapter does not apply to private warehouses or the issuance of receipts by the owners or managers of private warehouses. (b) This chapter ...
- Texas Agriculture Code Section 14A.013 - Revocation Of A Certificate
(a) A person may sue in the district court of the county in which a warehouse is situated to revoke the certificate of the warehouse. ...
- Texas Agriculture Code Section 41.001 - Policy
It is in the interest of the public welfare of the State of Texas that the producers of any agricultural commodity be permitted and encouraged ...
- Texas Agriculture Code Section 41.002 - Definitions
In this chapter: (1) "Agricultural commodity" means an agricultural, horticultural, viticultural, or vegetable product, bees and honey, planting seed, rice, livestock or livestock product, or ...
- Texas Agriculture Code Section 41.011 - Petition For Certification
(a) Any nonprofit organization authorized under the laws of this state representing the producers of an agricultural commodity may petition the commissioner for certification as ...
- Texas Agriculture Code Section 41.012 - Certification By Commissioner
(a) Within 30 days following the day on which a petition for certification is received, the commissioner shall hold a public hearing to consider the ...
- Texas Agriculture Code Section 41.021 - Certified Organization To Conduct Referendum And Election
In accordance with this subchapter and the rules of the commissioner, a certified organization may conduct a referendum of the producers of an agricultural commodity ...
- Texas Agriculture Code Section 41.022 - Rules Of Commissioner
In order to ensure efficient and honest elections and efficient canvassing and reporting of returns, the commissioner shall adopt rules regulating the form of the ...
- Texas Agriculture Code Section 41.023 - Notice Of Referendum And Election
(a) The certified organization shall give public notice of: (1) the date, hours, and polling places for voting in the referendum and election; (2) the ...
- Texas Agriculture Code Section 41.024 - Basis Of Referendum And Election; Eligible Voters
(a) Subject to the approval of the commissioner, the certified organization may conduct the referendum and election under this chapter either on an area or ...
- Texas Agriculture Code Section 41.025 - Candidates For Board; Write-In Votes
(a) Any producer who is eligible to vote at the referendum and election is eligible to be a member or a candidate for membership on ...
- Texas Agriculture Code Section 41.026 - Preparation And Distribution Of Ballot
(a) The certified organization shall prepare and distribute all necessary ballots in advance of the referendum and election. (b) The referendum provisions of the ballot ...
- Texas Agriculture Code Section 41.027 - Expenses Of Election
The certified organization is responsible for all expenses incurred in connection with the referendum and election, but it may be reimbursed for actual and necessary ...
- Texas Agriculture Code Section 41.028 - Exemptions For Producers
The original referendum and subsequent biennial board elections may provide exemptions for producers within the boundaries described in the petition if the exemptions are included ...
- Texas Agriculture Code Section 41.029 - Void Ballots
(a) In any contest of an election, a ballot is void if the voter overstated his or her volume of production by more than 10 ...
- Texas Agriculture Code Section 41.030 - Findings Of Commissioner
On receiving the report of the returns of a referendum and election, the commissioner shall determine: (1) the number of votes cast for and against ...
- Texas Agriculture Code Section 41.031 - Certification Of Results
If the commissioner finds that two-thirds or more of those voting in the election voted in favor of the referendum proposition or that those voting ...
- Texas Agriculture Code Section 41.032 - Subsequent Board Elections
A commodity producers board shall conduct biennial elections for the purpose of electing members to the board. The board shall give notice and hold the ...
- Texas Agriculture Code Section 41.033 - Election Of Board From Districts
(a) In accordance with the rules of the commissioner, a certified organization or established board may provide for election of all or any number of ...
- Texas Agriculture Code Section 41.034 - Elections To Add New Territory
(a) Producers of an agricultural commodity in an area not within the jurisdiction of a board for that commodity may petition the commissioner to authorize ...
- Texas Agriculture Code Section 41.051 - Board Established
If the commissioner certifies adoption of a referendum proposition under Section 41.031 of this code, the board is established and has the powers and duties ...
- Texas Agriculture Code Section 41.052 - State Agency
(a) Each board is a state agency for purposes of indemnification and is exempt from taxation in the same manner and to the same extent ...
- Texas Agriculture Code Section 41.053 - Organizational Meeting; Terms Of Office
(a) On receiving certificates of election from the commissioner, the members of the commodity producers board shall meet and organize. (b) Members of the initial ...
- Texas Agriculture Code Section 41.054 - Officers; Bond
(a) The board shall elect from its number a chairman, a secretary-treasurer, and other officers that it considers necessary. (b) The secretary-treasurer shall execute a ...
- Texas Agriculture Code Section 41.055 - Vacancy
The board shall fill any vacancy on the board by appointment for the unexpired term. Acts 1981, 67th Leg., p. 1087, ch. 388, § 1, ...
- Texas Agriculture Code Section 41.056 - Majority Vote Requirement
A majority vote of all members present is necessary for an action of the board to be valid. Acts 1981, 67th Leg., p. 1087, ch. ...
- Texas Agriculture Code Section 41.057 - Compensation
Members of the board serve without compensation but are entitled to reimbursement for reasonable and necessary expenses incurred in the discharge of their duties. Acts ...
- Texas Agriculture Code Section 41.058 - Powers And Duties
(a) The board may employ necessary personnel, fix the amount and manner of their compensation, and incur other expenses that are necessary and proper to ...
- Texas Agriculture Code Section 41.059 - Budget; Annual Report; Audits
(a) The board shall file with the commissioner a proposed budget and may expend funds only after the commissioner has approved the budget. If after ...
- Texas Agriculture Code Section 41.060 - Depository Bank; Expenditure Of Funds
(a) The secretary-treasurer shall deposit all money received by the board under this chapter, including assessments, donations from persons, and grants from governmental agencies, in ...
- Texas Agriculture Code Section 41.081 - Collection Of Assessment
(a) The processor at a commodity process point determined by the board shall collect the assessment. Except as provided by Subsection (b) of this section, ...
- Texas Agriculture Code Section 41.082 - Producer Exemption
(a) A producer may exempt his or her product sales from assessment by filing a signed request for exemption with the processor at the time ...
- Texas Agriculture Code Section 41.083 - Producer Refunds
(a) A producer who has paid an assessment may obtain a refund of the amount paid by filing an application for refund with the secretary-treasurer ...
- Texas Agriculture Code Section 41.084 - Increase Of Assessment
At any biennial board election, the board may submit to the voters a proposition to increase the maximum rate of assessment. The proposition is approved ...
- Texas Agriculture Code Section 41.085 - Discontinuance Of Assessment
(a) If 10 percent or more of the producers participating in the program present to the secretary-treasurer a petition calling for a referendum of the ...
- Texas Agriculture Code Section 41.101 - Failure To Remit Assessment
(a) The board may investigate conditions that relate to the prompt remittance of the assessment by any producer or processor. If the board has probable ...
- Texas Agriculture Code Section 41.1011 - Action By Department
(a) On receipt of a complaint from the board under Section 41.101(a)(3), the department may investigate, audit, and inspect the records of the person who ...
- Texas Agriculture Code Section 41.102 - Suspension Or Revocation Of License
In addition to other remedies provided by law, a violation of any provision of Subchapters B-E of this chapter is grounds for suspension or revocation ...
- Texas Agriculture Code Section 41.103 - General Penalty
(a) A person commits an offense if the person violates any provision of Subchapters B-E of this chapter. (b) An offense under this section is ...
- Texas Agriculture Code Section 41.104 - Use Of Funds For Political Activity
(a) A member of a board commits an offense if the member: (1) wilfully spends or assists in spending money in violation of Section 41.060(c) ...
- Texas Agriculture Code Section 41.125 - Inactive Status
(a) The Texas Mohair Producers Board and the Texas Pork Producers Board are inactive as provided by Section 41.126 of this code until reactivated under ...
- Texas Agriculture Code Section 41.126 - Powers And Duties
(a) A board listed in Subsection (a) of Section 41.125 of this code may not exercise any powers under this chapter after the end of ...
- Texas Agriculture Code Section 41.127 - Reactivation
(a) The commissioner shall order the reactivation of a board listed in Subsection (a) or (b) of Section 41.125 of this code if: (1) a ...
- Texas Agriculture Code Section 41.151 - Definitions
In this subchapter: (1) "Beef products" means products produced in whole or in part from beef. The term does not include milk or products made ...
- Texas Agriculture Code Section 41.152 - Declaration Of Policy
(a) The legislature intends that the promotion, marketing, research, and educational efforts regarding beef and beef products under this subchapter use existing cattle industry infrastructure ...
- Texas Agriculture Code Section 41.153 - Administrative Costs
The department may recover costs for administration of this subchapter. Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, § 25.03, eff. Jan. 11, ...
- Texas Agriculture Code Section 41.154 - Annual Report
The council shall deliver to the commissioner and the appropriate oversight committee in the senate and house of representatives an annual report giving details of ...
- Texas Agriculture Code Section 41.155 - Conflict With General Commodity Law Provisions
To the extent that the provisions of this subchapter conflict with other provisions of this chapter, the provisions of this subchapter prevail. Added by Acts ...
- Texas Agriculture Code Section 41.156 - Board Members
(a) The board is composed of 21 members appointed by the commissioner as follows: (1) three representatives of the Texas and Southwestern Cattle Raisers Association; ...
- Texas Agriculture Code Section 41.157 - General Powers Of Council
The council may take action or exercise other authority as necessary to execute any act authorized by this subchapter or the Texas Non-Profit Corporation Act ...
- Texas Agriculture Code Section 41.158 - Donations
The council may accept gifts, donations, and grants of money, including appropriated funds, from state government, federal government, local governments, private corporations, or other persons, ...
- Texas Agriculture Code Section 41.159 - Borrowing
The council may borrow money on approval of the commissioner. Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, § 25.03, eff. Jan. 11, ...
- Texas Agriculture Code Section 41.160 - Assessments; Applicability Of Other Law
(a) The commissioner, on the recommendation of the council, shall propose the maximum assessment in a referendum under Section 41.162. (b) If an assessment referendum ...
- Texas Agriculture Code Section 41.161 - Financial Oversight
(a) The commissioner shall annually review and approve the council's operating budget. (b) The commissioner and the state auditor at any time may inspect the ...
- Texas Agriculture Code Section 41.162 - Conduct Of Referendum; Balloting
(a) On the recommendation of the council, the commissioner shall conduct a referendum authorized under this subchapter. (b) Only a producer who has owned cattle ...
- Texas Agriculture Code Section 41.163 - Rules
The commissioner may adopt rules as necessary to implement this subchapter, including rules relating to: (1) the auditing of the financial records of the council; ...
- Texas Agriculture Code Section 41.164 - Penalties
(a) A person who violates this subchapter or a rule adopted under this subchapter commits an offense. (b) An offense under this section is a ...
- Texas Agriculture Code Section 42.001 - Purpose
The food and fibers research grant program is a program in the department to assist the fibers and oilseeds industries in this state by identifying ...
- Texas Agriculture Code Section 42.0015 - Definitions
In this chapter: (1) "Council" means the Food and Fibers Research Council. (2) "Program" means the food and fibers research grant program. Added by Acts ...
- Texas Agriculture Code Section 42.002 - Organization
The Food and Fibers Research Council is composed of the following members appointed by the commissioner: (1) the commissioner or the commissioner's designee; (2) two ...
- Texas Agriculture Code Section 42.003 - Administration
(a) Members of the council serve staggered six-year terms, with as near as possible to one-third of the members' terms expiring on February 1 of ...
- Texas Agriculture Code Section 42.004 - Powers And Duties
(a) The council shall administer the program to provide funding for surveys, research, and investigations relating to the use of cotton fiber, cottonseed, oilseed products, ...
- Texas Agriculture Code Section 42.008 - Finances
(a) The council and the department may solicit and accept, for the purposes of this chapter, gifts, donations, and grants from public and private sources, ...
- Texas Agriculture Code Section 43.001 - Definitions
In this subchapter: (1) "Director" means the director of the county experiment station. (2) "Experiment station" means an agricultural experiment farm and station established under ...
- Texas Agriculture Code Section 43.002 - Establishment
In accordance with this subchapter, the commissioners court of any county may establish and operate an experiment station in that county. Acts 1981, 67th Leg., ...
- Texas Agriculture Code Section 43.003 - Petition And Election Order
(a) If a number of qualified voters equal to 10 percent or more of the voters of the county who voted for governor in the ...
- Texas Agriculture Code Section 43.004 - Application Of General Election Law
Except as otherwise provided by this subchapter, the election shall be conducted in accordance with general law relating to county elections. Acts 1981, 67th Leg., ...
- Texas Agriculture Code Section 43.005 - Election Ballot
The ballot shall be printed to provide for voting for or against the proposition: "Establishment of a county experiment station." Acts 1981, 67th Leg., p. ...
- Texas Agriculture Code Section 43.006 - Election Returns
The election officers shall certify to the commissioners court the number of votes cast for each proposition. If the majority of votes are cast in ...
- Texas Agriculture Code Section 43.007 - Acquisition Of Property
(a) The commissioners court shall acquire an amount of land reasonably expected to support an experiment station that will produce revenue sufficient to maintain the ...
- Texas Agriculture Code Section 43.008 - Location
The experiment station shall be located at or as near the county seat as practicable. If no land is donated for the station within two ...
- Texas Agriculture Code Section 43.009 - Supervision
(a) The experiment station shall be operated in cooperation with, and in a manner similar to, state experiment stations. The director of the Texas Agricultural ...
- Texas Agriculture Code Section 43.010 - Supplies And Improvements
The commissioners court shall supply the experiment station with all necessary buildings, equipment, and materials and shall provide for needed improvements. In addition, the commissioners ...
- Texas Agriculture Code Section 43.011 - Labor
With the advice and approval of the commissioners court, the director may employ labor necessary to the operation of the experiment station. The county may ...
- Texas Agriculture Code Section 43.012 - Records
The director shall keep a complete and accurate record of: (1) rainfall, temperature, winds, and general climatic conditions; (2) the planting, cultivation, and marketing of ...
- Texas Agriculture Code Section 43.013 - Annual Report
The director shall make an annual report to the commissioners court detailing the methods employed and results received on the county experiment station. With approval ...
- Texas Agriculture Code Section 43.014 - Public Inspection And Information
(a) The director shall at all reasonable times keep the experiment station open to public inspection. (b) The director shall disseminate information to the public ...
- Texas Agriculture Code Section 43.015 - Sale Of Products
(a) In accordance with the rules of the commissioners court, the director shall market and sell the products of the experiment station. (b) The director ...
- Texas Agriculture Code Section 43.016 - Expenses
On warrants drawn by the director and approved by the county judge, the county shall pay all expenses incurred in the operation of the experiment ...
- Texas Agriculture Code Section 43.017 - Lease Of Station
(a) The commissioners court may not lease or allow to be leased an experiment station acquired by donation. (b) The commissioners court may lease an ...
- Texas Agriculture Code Section 43.031 - Demonstration Work
The commissioners court of any county may establish and conduct cooperative demonstration work in agriculture and home economics in cooperation with Texas A & M ...
- Texas Agriculture Code Section 43.032 - Terms Of Agreement With Texas A & M University
The demonstration work shall be conducted on terms and conditions agreed to by the commissioners court and the agents of Texas A & M University. ...
- Texas Agriculture Code Section 43.033 - Expenses
The commissioners court may employ any means and may appropriate and expend money as necessary to establish and conduct demonstration work under this subchapter. Acts ...
- Texas Agriculture Code Section 43.051 - Establishment
For the purpose of aiding in the development of the agricultural and horticultural resources of Texas, any railway corporation operating in Texas may acquire, maintain, ...
- Texas Agriculture Code Section 43.052 - Method Of Acquisition
A railway corporation may acquire a farm, orchard, or garden by lease or purchase. Acts 1981, 67th Leg., p. 1096, ch. 388, § 1, eff. ...
- Texas Agriculture Code Section 43.053 - Number And Acreage Limitations
(a) A farm, orchard, or garden established under this subchapter may not exceed 1,000 acres in size. (b) A railway corporation may not own or ...
- Texas Agriculture Code Section 44.001 - Definitions
In this chapter: (1) "Eligible lending institution" means a financial institution that makes commercial loans, is either a depository of state funds or an institution ...
- Texas Agriculture Code Section 44.002 - Creation Of Microenterprise Programs
The board shall create a microenterprise support program to provide financial assistance to microenterprises in rural areas. Added by Acts 1987, 70th Leg., 2nd C.S., ...
- Texas Agriculture Code Section 44.0045 - Microenterprise Support Program Loans
(a) The board shall administer a loan program supporting established and proposed microenterprises in rural areas by providing loans to expand, modernize, or otherwise improve ...
- Texas Agriculture Code Section 44.007 - Linked Deposit Program
(a) The board shall establish a linked deposit program to: (1) encourage commercial lending for the enhanced production, processing, and marketing of certain agricultural crops; ...
- Texas Agriculture Code Section 44.008 - Compliance
(a) On accepting a linked deposit, an eligible lending institution must loan money to eligible borrowers in accordance with the deposit agreement and this chapter. ...
- Texas Agriculture Code Section 44.009 - State Liability Prohibited
The state is not liable to an eligible lending institution for payment of the principal, interest, or any late charges on a loan made to ...
- Texas Agriculture Code Section 44.010 - Limitations In Program
(a) At any one time, not more than $30 million, $10 million of which may be used only to finance water conservation projects and $5 ...
- Texas Agriculture Code Section 44.012 - Money For Loans
The board may accept gifts and grants of money from the federal government, local governments, or private corporations or other persons for use in making ...
- Texas Agriculture Code Section 44.013 - Rural Microenterprise Development Fund
The rural microenterprise development fund is a fund in the comptroller's office. Money appropriated to the board for use in making loans under the rural ...
- Texas Agriculture Code Section 45.001 - Legislative Findings; Purpose
(a) The legislature finds that Texas and Israel have many interests in common. They face many of the same difficulties in agriculture; the geography of ...
- Texas Agriculture Code Section 45.002 - Definitions
In this chapter: (1) "Applied research" means the process of assembling knowledge gained by careful and diligent search and studious inquiry and examination and using ...
- Texas Agriculture Code Section 45.003 - Creation Of Fund
(a) The Texas-Israel Exchange Fund is established within the department. (b) The fund is a fund in the state treasury. Added by Acts 1989, 71st ...
- Texas Agriculture Code Section 45.004 - Administration
(a) The commissioner shall appoint a director to administer the fund. (b) The department shall provide the director and the advisory board with necessary staff, ...
- Texas Agriculture Code Section 45.005 - General Functions, Powers, And Duties
(a) The scope of agricultural research and development which the fund may promote and support encompasses all scientific activities related to agriculture, including production, processing, ...
- Texas Agriculture Code Section 45.006 - Texas-Israel Exchange Fund Board
(a) The Texas-Israel Exchange Fund Board is created and composed of: (1) the commissioner of agriculture; (2) five members appointed by the commissioner; (3) one ...
- Texas Agriculture Code Section 45.007 - Financing
(a) The original endowment of the fund consists of no more than $5 million, mirroring an equal amount to be contributed by Israel to its ...
- Texas Agriculture Code Section 45.008 - Final Disbursement Of Fund
(a) If the objectives of the fund cannot be realized because of lack of cooperation with the appropriate entities in Israel or if the board ...
- Texas Agriculture Code Section 46.001 - Findings
The legislature finds that this state needs a Texas agricultural product promotion program to increase consumer awareness of Texas agricultural products and expand the markets ...
- Texas Agriculture Code Section 46.002 - Definition
In this chapter "Texas agricultural product" means an agricultural, apicultural, horticultural, silvicultural, viticultural, or vegetable product, either in its natural or processed state, that has ...
- Texas Agriculture Code Section 46.003 - General Authority
The Texas Department of Agriculture shall establish and maintain the "Go Texan" Partner Program to encourage the development and expansion of markets for Texas agricultural ...
- Texas Agriculture Code Section 46.004 - Eligible Applicant
An eligible applicant must be: (1) a state or regional organization or board that promotes the marketing and sale of Texas agricultural products and does ...
- Texas Agriculture Code Section 46.005 - Department Powers And Duties
The department shall administer the "Go Texan" Partner Program. The duties of the department in administering the program include: (1) developing procedures for acceptance and ...
- Texas Agriculture Code Section 46.006 - Requirements For Participation
To be eligible for participation in the program through the use of matching funds under this chapter, an organization must: (1) be an eligible applicant ...
- Texas Agriculture Code Section 46.007 - Project Requests
(a) A project request submitted by an eligible participant must describe the advertising or other market-oriented promotional activities to be carried out by the department ...
- Texas Agriculture Code Section 46.008 - "Go Texan" Partner Program Account
(a) The "Go Texan" partner program account is an account in the general revenue fund. The account is composed of: (1) legislative appropriations; (2) gifts, ...
- Texas Agriculture Code Section 46.009 - Use Of Funds
(a) Funds received under this chapter may only be used for activities promoting the sale of Texas agricultural products. The department by rule may allocate ...
- Texas Agriculture Code Section 46.0095 - Sale Of Promotional Items
(a) The department may sell or contract for the sale of "Go Texan" promotional items, including clothing, posters, and banners, designed to promote Texas agricultural ...
- Texas Agriculture Code Section 46.010 - "Go Texan" Partner Program Advisory Board
(a) The "Go Texan" Partner Program Advisory Board is composed of at least eight members appointed by the commissioner to assist the department in the ...
- Texas Agriculture Code Section 46.011 - Criteria For Allocation Of Funds
The department shall by rule and with the advice of the board establish criteria for allocation of funds to participant projects. Rules adopted under this ...
- Texas Agriculture Code Section 46.012 - Rulemaking Authority
The department shall adopt rules to administer this chapter including rules for the use of the "Go Texan" logo. Added by Acts 1999, 76th Leg., ...
- Texas Agriculture Code Section 46.013 - Administrative Penalties; Civil Penalties; Injunctive Relief
(a) In addition to the other provisions of this chapter, a person violates this chapter if the person: (1) uses, reproduces, or distributes the logo ...
- Texas Agriculture Code Section 47.001 - Promotion And Advertisement
(a) The department may promote and advertise the Texas oyster industry by: (1) using current market research to develop an oyster marketing plan to increase ...
- Texas Agriculture Code Section 47.002 - Oyster Advisory Committee
(a) The commissioner shall appoint an oyster advisory committee to provide guidance and direction on the programs and activities established under this chapter and expenditures ...
- Texas Agriculture Code Section 47.051 - Definitions
In this subchapter: (1) "Advisory committee" means the shrimp advisory committee. (2) "Coastal waters" means all the salt water of the state, including the portion ...
- Texas Agriculture Code Section 47.052 - Program Established
(a) The Texas shrimp marketing assistance program is established in the department to assist the Texas shrimp industry in promoting and marketing Texas-produced shrimp and ...
- Texas Agriculture Code Section 47.053 - Advisory Committee
(a) The commissioner shall appoint a shrimp advisory committee to assist the commissioner in implementing the program established under this subchapter and in the expenditure ...
- Texas Agriculture Code Section 47.054 - Program Staff
(a) The commissioner shall employ one or more persons as employees of the department to staff the program. (b) Unless otherwise expressly provided by the ...
- Texas Agriculture Code Section 47.055 - Promotion, Marketing, And Education
The program shall promote and advertise the Texas shrimp industry by: (1) developing and maintaining a database of Texas shrimp wholesalers that sell Texas-produced shrimp; ...
- Texas Agriculture Code Section 48.001 - Creation
Consistent with this chapter, the department by rule shall develop a program to award grants to public elementary schools located in large urban school districts ...
- Texas Agriculture Code Section 48.002 - Eligibility
Subject to available funds, a public elementary school is eligible to receive a grant under this chapter if the school: (1) is located in a ...
- Texas Agriculture Code Section 48.003 - Limits
The department may not award more than $2,500 to a school under this chapter in a school year. Added by Acts 1999, 76th Leg., ch. ...
- Texas Agriculture Code Section 48.004 - Report
A school that receives a grant under this chapter must report the results of the project to the department in a manner determined by the ...
- Texas Agriculture Code Section 48.005 - Funds
The department may solicit and accept gifts, grants, and other donations from any source to carry out this chapter. Added by Acts 1999, 76th Leg., ...
- Texas Agriculture Code Section 49.001 - Definitions
In this chapter: (1) "Agricultural crisis" means an event or condition, including adverse weather conditions, water shortages, disruption in transportation, low commodity prices, an animal ...
- Texas Agriculture Code Section 49.002 - Administration; Guidelines And Procedures
(a) The department shall develop, maintain, and administer the agri-tech program to provide support for eligible institutions to conduct research projects on methods to address ...
- Texas Agriculture Code Section 49.003 - Agricultural Technology Account
(a) The agricultural technology account is an account in the general revenue fund. (b) The agricultural technology account consists of legislative appropriations, gifts and grants ...
- Texas Agriculture Code Section 49.004 - Use Of Funds In Agricultural Technology Account
(a) From funds appropriated for the agri-tech program, the comptroller shall issue warrants to each eligible institution in the amount certified by the department to ...
- Texas Agriculture Code Section 49.005 - Progress Reports
An institution receiving funds under this chapter shall report on the progress of the funded research to the department not later than September 1 of ...
- Texas Agriculture Code Section 49.006 - Merit Review
The commissioner shall appoint a committee consisting of representatives of the agricultural industry and of private enterprise advanced technology research organizations to evaluate the agri-tech ...
- Texas Agriculture Code Section 50.001 - Program
The Texas Agricultural Experiment Station, in consultation with the Agriculture and Wildlife Research and Management Advisory Committee established under Section 88.216, Education Code, shall develop ...
- Texas Agriculture Code Section 50.002 - Term Of Award
An award under Section 50.001 must be granted for a two-year period and may be extended at the end of that period after review. Added ...
- Texas Agriculture Code Section 50.003 - Funds
The Texas Agricultural Experiment Station may solicit and accept gifts and grants from any public or private source, in addition to other appropriations. The use ...
- Texas Agriculture Code Section 50.004 - Annual Accounting
The Texas Agricultural Experiment Station shall provide to the committee in each house of the legislature having jurisdiction over agricultural matters an annual accounting of ...
- Texas Agriculture Code Section 50A.001 - Purpose
The purpose of the Texas Food for Health Advisory Council is to: (1) coordinate food-for-health research programs in this state; (2) promote the use of ...
- Texas Agriculture Code Section 50A.002 - Definition
In this chapter, "council" means the Texas Food for Health Advisory Council. Added by Acts 2001, 77th Leg., ch. 180, § 1, eff. Sept. 1, ...
- Texas Agriculture Code Section 50A.004 - Composition
(a) The council is composed of the following nine members: (1) eight members who are appointed jointly by the commissioner of public health and the ...
- Texas Agriculture Code Section 50A.005 - Terms
Members of the council serve staggered six-year terms, with the terms of three members expiring on January 1 of each odd-numbered year. Added by Acts ...
- Texas Agriculture Code Section 50A.006 - Presiding Officer
The commissioner of public health and the vice chancellor for The Texas A&M University System Agriculture Program may jointly appoint the presiding officer or may ...
- Texas Agriculture Code Section 50A.007 - Meetings
The council shall meet at least once each calendar quarter at a time and place designated by the presiding officer. Added by Acts 2001, 77th ...
- Texas Agriculture Code Section 50A.008 - Staff; Administration
(a) The council is administratively attached to the Texas Agricultural Experiment Station. (b) The Texas Agricultural Experiment Station shall provide support staff to serve the ...
- Texas Agriculture Code Section 50A.009 - Applicable Law
The council is subject to the open meetings law, Chapter 551, Government Code, and the administrative procedure law, Chapter 2001, Government Code. Added by Acts ...
- Texas Agriculture Code Section 50A.010 - Duties
(a) The council shall: (1) adopt procedures as necessary to administer this chapter, including procedures for awarding contracts under this chapter; (2) issue requests for ...
- Texas Agriculture Code Section 50A.011 - Finances
(a) The council may accept, for the purposes of this chapter, gifts and grants from public and private sources, subject only to limitations contained in ...
- Texas Agriculture Code Section 50A.012 - Reporting
(a) The Texas Agricultural Experiment Station shall prepare annually a complete and detailed written report about: (1) all funds received and disbursed by the council ...
- Texas Agriculture Code Section 50A.013 - Department Of Agriculture
The Department of Agriculture shall serve as a resource and in an advisory capacity to the council. Added by Acts 2001, 77th Leg., ch. 180, ...
- Texas Agriculture Code Section 50B.001 - Findings And Purpose
The legislature finds that: (1) it is in the public interest to encourage the orderly growth and development of sustainable labor-intensive, value-added agricultural industries such ...
- Texas Agriculture Code Section 50B.002 - Wine Industry Development; Advisory Committee
The commissioner may appoint a wine industry development advisory committee to develop a long-term vision and marketable identity for the wine industry in the state ...
- Texas Agriculture Code Section 50B.003 - Wine Industry Development Fund
(a) The wine industry development fund is an account in the general revenue fund and consists of funds deposited to the account under this section. ...
- Texas Agriculture Code Section 51.001 - Definition
In this chapter, "society" means a farmers' cooperative society incorporated under this chapter. Acts 1981, 67th Leg., p. 1097, ch. 388, § 1, eff. Sept. ...
- Texas Agriculture Code Section 51.002 - Application Of General Corporation Laws
The general corporation laws of the state govern societies unless those laws conflict with this chapter. Acts 1981, 67th Leg., p. 1097, ch. 388, § ...
- Texas Agriculture Code Section 51.003 - Purpose
A society may be organized to enable its members to cooperate with each other for the purposes authorized by this chapter. Acts 1981, 67th Leg., ...
- Texas Agriculture Code Section 51.004 - Powers
(a) A society may: (1) borrow money and discount notes, not to exceed a total amount equal to five times its working capital; (2) lend ...
- Texas Agriculture Code Section 51.005 - Assets
A society shall have cash, notes acceptable to its directors, or other property, the combined value of which is $500 or more. Acts 1981, 67th ...
- Texas Agriculture Code Section 51.006 - Area Of Operation
A society shall confine its activities and business operation to the community in which it is located. Its activities and business operation may not extend ...
- Texas Agriculture Code Section 51.007 - Nonprofit Corporation; Division Of Profits
(a) A society is a cooperative and a nonprofit corporation. (b) A society, on approval of its directors in accordance with its bylaws, may: (1) ...
- Texas Agriculture Code Section 51.008 - Incorporators
To be eligible to incorporate under this chapter, a person must be engaged in agricultural pursuits. Acts 1981, 67th Leg., p. 1098, ch. 388, § ...
- Texas Agriculture Code Section 51.009 - Articles Of Incorporation
(a) The incorporators shall prepare articles of incorporation under the general corporation laws of the state and shall deliver the articles to the attorney general ...
- Texas Agriculture Code Section 51.010 - Bylaws And Amendments To Articles Of Incorporation
(a) Each member of a society shall sign the bylaws of the society. (b) A society shall obtain the approval of its bylaws and amendments ...
- Texas Agriculture Code Section 51.011 - Copies Of Articles, Amendments, And Bylaws; Filing With County Clerk
(a) After filing and recording the articles of incorporation, an amendment to the articles, or bylaws, the secretary of state shall issue to a society ...
- Texas Agriculture Code Section 51.012 - Membership
(a) Membership in a society is limited to persons in the community in which the society is located who are engaged in agricultural pursuits. (b) ...
- Texas Agriculture Code Section 51.013 - Voting
Each member of a society has one vote in the management of the society. Acts 1981, 67th Leg., p. 1099, ch. 388, § 1, eff. ...
- Texas Agriculture Code Section 51.014 - Membership Certificates
(a) If a subscriber for membership certificates gives notes for the certificates, a society may not issue the certificates until the notes have been paid ...
- Texas Agriculture Code Section 51.015 - Notes As Subscription Contracts
Notes given for membership certificates of a society are valid subscription contracts and are the property of the society. Acts 1981, 67th Leg., p. 1099, ...
- Texas Agriculture Code Section 51.016 - Liability Of Members
(a) Except as provided by this section, a member of a society is not liable to the society or its creditors for an amount that ...
- Texas Agriculture Code Section 51.017 - Withdrawal
(a) A member of a society is entitled to withdraw from the society under rules prescribed by the society's bylaws. (b) If a member withdraws, ...
- Texas Agriculture Code Section 51.018 - Suspension; Expulsion
(a) As prescribed by the society's bylaws, a society may suspend or expel a member for misconduct. (b) If a member is expelled, the society ...
- Texas Agriculture Code Section 51.019 - Contributors
A person who is not engaged in agricultural pursuits may contribute to a society. The amount of the contribution may not exceed one-third of the ...
- Texas Agriculture Code Section 51.020 - Forms
(a) The attorney general shall prepare and file with the secretary of state forms for the following documents of a society: (1) articles of incorporation; ...
- Texas Agriculture Code Section 51.021 - Restriction On Use Of Public Money For Incorporation
Public money appropriated to a department of state government or a state institution may not be used in organizing a society. Acts 1981, 67th Leg., ...
- Texas Agriculture Code Section 51.022 - Name
The name of a society must contain the words, "Farmers' Cooperative Society." Acts 1981, 67th Leg., p. 1100, ch. 388, § 1, eff. Sept. 1, ...
- Texas Agriculture Code Section 51.023 - Fees
(a) The secretary of state shall charge fees for filing articles of incorporation or amendments in accordance with this section. (b) The fee for filing ...
- Texas Agriculture Code Section 51.024 - Report
(a) A society shall annually file with the secretary of state a report that shows the condition of its affairs. (b) The report shall be ...
- Texas Agriculture Code Section 51.025 - Exemption From Franchise Tax
A society is not required to pay any annual franchise tax, except that a society is exempt from the franchise tax imposed by Chapter 171, ...
- Texas Agriculture Code Section 52.001 - Policy
The purpose of this chapter is: (1) to promote and encourage intelligent and orderly production, cultivation, and care of citrus groves and marketing of agricultural ...
- Texas Agriculture Code Section 52.002 - Definitions
In this chapter: (1) "Agricultural products" includes horticultural, viticultural, forestry, dairy, livestock, poultry, and bee products and any farm and ranch product. (2) "Marketing association" ...
- Texas Agriculture Code Section 52.003 - Nonprofit Organization
Because a marketing association is organized not to make money for itself or for its members as individuals but only to make money for its ...
- Texas Agriculture Code Section 52.004 - Application Of General Corporation Laws
The general corporation laws of the state apply to marketing associations unless those laws conflict with this chapter. Acts 1981, 67th Leg., p. 1103, ch. ...
- Texas Agriculture Code Section 52.005 - Associations Not In Restraint Of Trade
(a) A marketing association is not a combination in restraint of trade or an illegal monopoly. (b) Organizing under this chapter is not an attempt ...
- Texas Agriculture Code Section 52.006 - Duration Of Existence
Each association incorporated and organized under this chapter after August 1, 1987, has perpetual existence unless a limited duration is provided for and stated in ...
- Texas Agriculture Code Section 52.011 - Purposes
(a) A marketing association may be incorporated to engage in any activity connected with: (1) the production, cultivation, and care of citrus groves; (2) the ...
- Texas Agriculture Code Section 52.012 - Restrictions
(a) A marketing association shall be operated for the mutual benefit of its members, as producers, and shall conform to one or both of the ...
- Texas Agriculture Code Section 52.013 - General Powers
A marketing association may: (1) engage in any activity connected with: (A) the production, cultivation, and care of citrus groves; (B) the marketing, selling, harvesting, ...
- Texas Agriculture Code Section 52.014 - Interest In Other Corporations
(a) A marketing association may organize, operate, own, control, have an interest in, own stock of, or be a member of any other corporation, organized ...
- Texas Agriculture Code Section 52.015 - Contracts And Agreements With Other Associations
(a) A marketing association, by resolution of its board of directors, may make all necessary stipulations, agreements, contracts, and arrangements with any other cooperative corporation ...
- Texas Agriculture Code Section 52.016 - Marketing Contract
(a) A marketing association may execute a marketing contract with its members requiring the members to sell, for a period not exceeding 10 years, all ...
- Texas Agriculture Code Section 52.031 - Incorporators
Five or more persons who produce agricultural products or three or more marketing associations may form a marketing association under this chapter. Acts 1981, 67th ...
- Texas Agriculture Code Section 52.032 - Preliminary Investigation
(a) Every group of persons considering the organization of a marketing association is urged to communicate with the department. (b) On request, the department shall ...
- Texas Agriculture Code Section 52.033 - Execution Of Articles Of Incorporation
(a) Each marketing association shall prepare and file articles of incorporation signed by each incorporator. (b) One of the incorporators shall acknowledge the articles before ...
- Texas Agriculture Code Section 52.034 - Contents Of Articles Of Incorporation
(a) The articles of incorporation must state: (1) the name of the association; (2) the term of existence, if it is limited; (3) the purpose ...
- Texas Agriculture Code Section 52.035 - Filing Of Articles Of Incorporation
(a) The incorporators shall file the articles of incorporation in accordance with the general corporation laws of the state. (b) The incorporators shall file a ...
- Texas Agriculture Code Section 52.036 - Effect Of Filing Articles Of Incorporation
When the articles of incorporation are filed with the secretary of state, all courts shall receive the articles or a certified copy of the articles ...
- Texas Agriculture Code Section 52.037 - Amendment Of Articles Of Incorporation
(a) A marketing association may amend the articles of incorporation at any regular meeting of the association or at a special meeting for that purpose, ...
- Texas Agriculture Code Section 52.038 - Existing Corporations And Associations
(a) Any corporation or association organized under prior law before March 1, 1921, may elect, by a majority vote of its members or stockholders, to ...
- Texas Agriculture Code Section 52.051 - Adoption
(a) A marketing association shall adopt bylaws before the 31st day after the day on which the articles of incorporation are filed with the secretary ...
- Texas Agriculture Code Section 52.052 - Contents
The bylaws may provide for one or more of the following: (1) the time, place, and manner of calling and conducting meetings of the association; ...
- Texas Agriculture Code Section 52.061 - Stock
A marketing association may be organized with or without capital stock. Acts 1981, 67th Leg., p. 1108, ch. 388, § 1, eff. Sept. 1, 1981. ...
- Texas Agriculture Code Section 52.062 - Issuance Of Membership Certificates
When a member of a marketing association organized without capital stock has paid the membership fee in full, the association shall issue to the member ...
- Texas Agriculture Code Section 52.063 - Issuance Of Shares
(a) Subject to this section, a marketing association organized with capital stock may from time to time sell and issue shares of capital stock in ...
- Texas Agriculture Code Section 52.064 - Common Stock
(a) If a marketing association consists of fewer than 20 stockholders, a stockholder may not own more than one share of the marketing association's issued ...
- Texas Agriculture Code Section 52.065 - Preferred Stock
(a) A marketing association organized with capital stock may issue preferred stock with or without the right to vote. (b) The association may redeem preferred ...
- Texas Agriculture Code Section 52.066 - Stock Issued On Purchase Of Property
(a) If a marketing association organized with capital stock purchases stock, property, or an interest in property, it may discharge its obligations, in whole or ...
- Texas Agriculture Code Section 52.081 - Membership
(a) Membership of a marketing association is limited to persons who produce agricultural products handled by or through the association, including the lessees and tenants ...
- Texas Agriculture Code Section 52.082 - New Members
(a) A marketing association organized without capital stock may admit new members. (b) If the property rights of the association's members are unequal, a new ...
- Texas Agriculture Code Section 52.083 - Meetings
(a) As prescribed by its bylaws, a marketing association annually shall hold one or more regular meetings of its members. (b) The board of directors ...
- Texas Agriculture Code Section 52.084 - Notice Of Meetings
Not later than the 10th day before the day of a meeting of a marketing association, the association shall: (1) mail to each member notice ...
- Texas Agriculture Code Section 52.085 - Voting
(a) Except as provided by Subsection (b) of this section, a member of a marketing association is entitled to one vote. (b) A marketing association ...
- Texas Agriculture Code Section 52.086 - Termination Or Suspension Of Membership
In accordance with its articles of incorporation or a bylaw adopted under Section 52.052 of this code, a marketing association may provide for the termination ...
- Texas Agriculture Code Section 52.087 - Liability Of Members
Except for debts contracted with the association, a member of a marketing association is not liable for the debts of the association in an amount ...
- Texas Agriculture Code Section 52.101 - Board Of Directors
(a) A board of directors shall manage a marketing association. (b) The board shall be composed of five or more directors who are elected by ...
- Texas Agriculture Code Section 52.102 - Officers
(a) The directors shall elect: (1) a president or chairman; (2) one or more vice-presidents or vice-chairmen; (3) a secretary; and (4) a treasurer. (b) ...
- Texas Agriculture Code Section 52.103 - Removal Of Officer Or Director
(a) Except as provided by Subsection (f) of this section, a member of a marketing association may initiate removal of an officer or director by ...
- Texas Agriculture Code Section 52.104 - Bond
(a) Each officer, employee, or agent who handles money or property of a marketing association or any money or property that is under the control ...
- Texas Agriculture Code Section 52.105 - Referendum
(a) On demand of one-third of the board of directors, the board shall refer to the entire membership of a marketing association for decision at ...
- Texas Agriculture Code Section 52.121 - Foreign Cooperative Considered Marketing Association
For the purposes of this chapter, a corporation or association organized, with or without capital stock, under a cooperative marketing act of another state or ...
- Texas Agriculture Code Section 52.122 - Permits To Do Business
(a) Any cooperative marketing association incorporated under the laws of another state may apply for and be granted a permit to do business in this ...
- Texas Agriculture Code Section 52.131 - Breach Or Threatened Breach Of Marketing Contract
(a) If a member breaches or threatens to breach a marketing contract, the marketing association may sue and, if successful, is entitled to: (1) an ...
- Texas Agriculture Code Section 52.132 - Induced Breach Of Marketing Contract; False Reports
In a civil suit for damages, a person is liable to a marketing association for an amount equal to three times the amount of actual ...
- Texas Agriculture Code Section 52.151 - Fees
(a) The fee for filing articles of incorporation under this chapter is $10. (b) The fee for filing an amendment to the articles of incorporation ...
- Texas Agriculture Code Section 52.152 - Annual Report
(a) Each marketing association shall file an annual report with the department. The association shall prepare the report on forms furnished by the department. (b) ...
- Texas Agriculture Code Section 54.001 - Purpose
A corporation may be formed under this chapter to aid shareholders of its common stock in: (1) producing, or producing and marketing, staple agricultural products; ...
- Texas Agriculture Code Section 54.002 - Powers
(a) A corporation formed under this chapter may make loans to shareholders of its common stock for: (1) the production, or production and marketing, of ...
- Texas Agriculture Code Section 54.003 - Incorporators
Ten or more persons, five of whom are citizens of this state, may form a corporation under this chapter. Acts 1981, 67th Leg., p. 1119, ...
- Texas Agriculture Code Section 54.004 - Capital Stock Requirement For Incorporation
At the time of filing the articles of incorporation, a corporation formed under this chapter must have fully paid-up capital stock of $10,000 or more. ...
- Texas Agriculture Code Section 54.005 - Capital Stock
(a) The incorporators or the board of directors of a corporation formed under this chapter may divide the corporation's capital stock into preferred and common ...
- Texas Agriculture Code Section 54.006 - Investment By Other Corporations
After obtaining the approval of the banking commissioner, any corporation organized under the laws of this state other than a savings bank may invest any ...
- Texas Agriculture Code Section 54.007 - Investment Of Capital
At all times, a corporation formed under this chapter shall have $10,000 or more of its capital invested in securities approved by law for investment ...
- Texas Agriculture Code Section 54.008 - Ratio Of Capital To Loans
(a) A corporation formed under this chapter shall automatically increase its capital stock at the rate of five percent of the amount of loans made ...
- Texas Agriculture Code Section 54.009 - Loans And Discounts
(a) Except as provided by this subsection, each applicant for a loan or discount by a corporation formed under this chapter shall become a subscriber ...
- Texas Agriculture Code Section 54.010 - Liability Of Shareholder
(a) Except for debts contracted between a corporation formed under this chapter and a shareholder, a shareholder of common or preferred stock is not liable ...
- Texas Agriculture Code Section 54.011 - Repurchase Of Stock
(a) A corporation formed under this chapter may purchase, out of its available funds, any of its outstanding stock. (b) The corporation shall pay book ...
- Texas Agriculture Code Section 54.012 - Reports
Before January 11 and July 11 of each year, a corporation formed under this chapter shall file with the secretary of state a report showing: ...
- Texas Agriculture Code Section 54.013 - Exemption From Franchise Tax
Corporations formed under this chapter are not required to pay franchise taxes. Acts 1981, 67th Leg., p. 1121, ch. 388, § 1, eff. Sept. 1, ...
- Texas Agriculture Code Section 55.001 - Powers
An association formed under this chapter may: (1) borrow money for and lend money to its members; (2) discount, rediscount, endorse, purchase, or sell notes, ...
- Texas Agriculture Code Section 55.002 - Incorporators
(a) Ten or more persons who fulfill the requirements of Subsection (b) of this section may organize a private cooperative credit association. (b) To be ...
- Texas Agriculture Code Section 55.003 - Articles Of Incorporation
In addition to the requirements prescribed by the general corporation laws of the state, the articles of incorporation of an association formed under this chapter ...
- Texas Agriculture Code Section 55.004 - Capital Stock
(a) Except as provided by Subsection (b) of this section, an association may be organized under this chapter with or without capital stock. (b) If ...
- Texas Agriculture Code Section 55.005 - Loans
(a) Each applicant for a loan or discount by an association formed under this chapter shall become a subscriber to the association's capital stock in ...
- Texas Agriculture Code Section 55.006 - Ratio Of Capital To Loans
(a) The total amount of the outstanding loans or discounts of an association formed under this chapter may not exceed an amount equal to 10 ...
- Texas Agriculture Code Section 55.007 - Repurchase Of Stock
(a) The board of directors of an association formed under this chapter may authorize the purchase of the association's capital stock at the book value ...
- Texas Agriculture Code Section 55.008 - Reports
Before January 11, April 11, July 11, and October 11, each association formed under this chapter with capital stock shall file with the secretary of ...
- Texas Agriculture Code Section 55.009 - Fees
(a) When the articles of incorporation of an association formed under this chapter are filed, the incorporators shall pay to the secretary of state a ...
- Texas Agriculture Code Section 55.010 - Exemption From Franchise Tax
An association formed under this chapter is exempt from all franchise or other license taxes, except that: (1) an association is not exempt from the ...
- Texas Agriculture Code Section 56.001 - Definitions
In this chapter: (1) "Agricultural finance corporation" means a corporation formed under this chapter. (2) "Ready marketable, staple, nonperishable agricultural products" means agricultural products that: ...
- Texas Agriculture Code Section 56.002 - Purpose
An agricultural finance corporation may be organized to deal in: (1) acceptances and other receipts that are used to aid or are issued because of ...
- Texas Agriculture Code Section 56.003 - Assets Represented By Acceptances Of Banking Corporations
At any time, the total assets of an agricultural finance corporation that are represented by acceptances of banking corporations not secured by or representing ready ...
- Texas Agriculture Code Section 56.004 - Capital Stock
At all times an agricultural finance corporation shall have authorized capital stock in the amount of $500,000 or more. Acts 1981, 67th Leg., p. 1124, ...
- Texas Agriculture Code Section 56.005 - Investment Of Capital
At all times, an agricultural finance corporation shall have one-half or more of its paid-in capital invested in obligations of the United States, this state, ...
- Texas Agriculture Code Section 56.006 - Limit Of Indebtedness
(a) For the purposes of this section, the existing obligations of an agricultural finance corporation include the primary, secondary, fixed, and contingent obligations of the ...
- Texas Agriculture Code Section 56.007 - Stock Ownership
(a) Except as otherwise provided by this section, an agricultural finance corporation or any banking corporation or trust company, except a savings bank, may hold ...
- Texas Agriculture Code Section 56.008 - Regulation By Banking Commissioner
(a) An agricultural finance corporation is subject to the supervision and control of the banking commissioner and shall conform to the rules adopted by the ...
- Texas Agriculture Code Section 58.039 - Review Board
Text of section as added by Acts 1987, 70th Leg., 2nd C.S., ch. 32, art. 2, § 1 (a) The bond review board is ...
- Texas Agriculture Code Section 58.039 - Review Board
Text of section as added by Acts 1989, 71st Leg., ch. 1247, § 1 Bonds may not be issued under this chapter, and proceeds ...
- Texas Agriculture Code Section 58.040 - Considerations In Financing
In determining whether to provide financing under this chapter, the board shall consider the likelihood of success of the applicant and the effect of the ...
- Texas Agriculture Code Section 58.051 - Definitions
In this subchapter: (1) "Commercial lender" means a commercial lending institution chartered by the state or federal government, including a savings and loan association, a ...
- Texas Agriculture Code Section 58.052 - Young Farmer Loan Guarantee Program
(a) The board shall administer a loan guarantee program that benefits eligible applicants who desire to establish or enhance a farming or ranching operation or ...
- Texas Agriculture Code Section 58.053 - Application For Loan Guarantee
(a) An eligible applicant's documentation shall include the following for the board's review: (1) the plan, as submitted to the lender, for the applicant's proposed ...
- Texas Agriculture Code Section 58.054 - Board Consideration Of Loan Guarantee Application
After reviewing the material submitted under Section 58.053, the board shall consider the following factors in deciding whether to approve an application for a loan ...
- Texas Agriculture Code Section 58.055 - Default
If the recipient of a loan guarantee defaults on a loan that is guaranteed under this subchapter and the authority is required to honor its ...
- Texas Agriculture Code Section 58.056 - Money For Loan Guarantee Program
The authority may accept gifts and grants of money from the federal government, local governments, private corporations, or other persons for use in the young ...
- Texas Agriculture Code Section 58.057 - Young Farmer Loan Guarantee Account
(a) The young farmer loan guarantee account is an account in the Texas agricultural fund. Money in this account may be used for purposes authorized ...
- Texas Agriculture Code Section 59.016 - Investments
Text of section as amended by Acts 1995, 74th Leg., ch. 265, § 3 (a) The authority shall give timely instruction to the board ...
- Texas Agriculture Code Section 59.016 - Investments
Text of section as amended by Acts 1995, 74th Leg., ch. 1014, § 10 The board shall invest funds as provided under Section 58.022. ...
- Texas Agriculture Code Section 59.021 - Fund
(a) The farm and ranch finance program fund is a fund in the state treasury. (b) At the direction of the board, money received from ...
- Texas Agriculture Code Section 59.022 - Rules
(a) The board shall adopt rules governing application for financial assistance under this chapter. The board may adopt rules it considers necessary to administer the ...
- Texas Agriculture Code Section 59.023 - Powers Of Board
The board has the power necessary to accomplish the purposes and carry out the programs provided by this chapter, including the power: (1) to adopt ...
- Texas Agriculture Code Section 59.024 - Application; Eligibility
(a) To borrow money from the fund, a person must submit an application to the authority that contains an acceptable agricultural business plan for the ...
- Texas Agriculture Code Section 59.025 - Maximum Amount Of Loan Or Guarantee
(a) A loan under this chapter may not exceed the lesser of: (1) $250,000; or (2) an amount equal to 95 percent of the lesser ...
- Texas Agriculture Code Section 59.026 - Transfer Of Borrower's Interest
(a) The contract for a loan under this chapter must provide that transfer of ownership of the land without the board's express written permission before ...
- Texas Agriculture Code Section 59.027 - Changes In Use
(a) Before a borrower may use land acquired with financial assistance under this chapter for a primary purpose other than farming or ranching, the borrower ...
- Texas Agriculture Code Section 59.028 - Appraisal
(a) Before the board may loan money for the purchase of land under this chapter, the board must have an appraisal of the property made ...
- Texas Agriculture Code Section 59.029 - Payments To Board Under Certain Leases
If, during a period a person is indebted to the board for land purchased with financial assistance under this chapter, the person executes or there ...
- Texas Agriculture Code Section 59.030 - Term Of Leases
(a) A purchaser may not lease land purchased with financial assistance under this chapter for a term longer than 10 years, except: (1) a lease ...
- Texas Agriculture Code Section 59.031 - Death Of A Borrower
(a) If a borrower receiving financial assistance under this chapter dies while indebted to the state under a contract, the borrower's rights under this chapter ...
- Texas Agriculture Code Section 59.032 - Unencumbered Title
The board may establish a procedure by which a borrower acquiring land with a loan under this chapter may obtain title to a portion of ...
- Texas Agriculture Code Section 59.046 - False Or Fictitious Written Statement
(a) A person commits an offense if the person knowingly or intentionally makes, publishes, passes, files, or uses any false, fictitious, or forged paper, document, ...
- Texas Agriculture Code Section 59.047 - Fraud
(a) A person commits an offense if the person defrauds a person of rights or benefits under this chapter or uses this chapter to defraud ...
- Texas Agriculture Code Section 60.001 - Short Title
This chapter may be cited as the Agricultural Development District Act. Added by Acts 2001, 77th Leg., ch. 1393, § 1, eff. June 16, 2001. ...
- Texas Agriculture Code Section 60.002 - Legislative Intent
This chapter furthers the public purpose of improving the economy of this state by providing incentives for the development of agricultural operations and facilities. Added ...
- Texas Agriculture Code Section 60.003 - Findings
(a) Agriculture is a critical element in Texas' economic, cultural, and historical development but is under considerable pressure as a result of market concentration, competitive ...
- Texas Agriculture Code Section 60.004 - Definitions
In this chapter: (1) "Assessment" means a charge levied against real property located within a district's boundaries or against an agricultural product produced on real ...
- Texas Agriculture Code Section 60.005 - Governmental Agency; Tort Claims
A district is a governmental agency, a body politic and corporate, and a political subdivision of this state. Section 375.004, Local Government Code, applies to ...
- Texas Agriculture Code Section 60.006 - Purpose And Nature Of District
(a) A district is created as a conservation and reclamation district under Section 59, Article XVI, Texas Constitution, to conserve and develop the natural resources ...
- Texas Agriculture Code Section 60.021 - Petition To Establish District
(a) On petition of at least 10 residents of a proposed district, five of whom must own real property in the proposed district, the commissioners ...
- Texas Agriculture Code Section 60.022 - Contents Of Petition
A petition filed under Section 60.021 must: (1) describe the boundaries of the proposed district by metes and bounds or by lot and block number, ...
- Texas Agriculture Code Section 60.023 - Commissioners Court To Call Public Hearing
Before the 30th day after the date a petition is received, the commissioners court shall call a public hearing at which the petition will be ...
- Texas Agriculture Code Section 60.024 - Additional Notice Of Public Hearing
In addition to other notice required by law, before the 14th day before the date of the public hearing, notice of the hearing shall be ...
- Texas Agriculture Code Section 60.025 - Public Hearing
(a) At the public hearing, the commissioners court shall examine the petition to ascertain its sufficiency. (b) Any interested person may appear at the public ...
- Texas Agriculture Code Section 60.026 - Action On Petition
(a) After the hearing, if the commissioners court finds that the petition conforms to the requirements of Section 60.022 and that the creation of the ...
- Texas Agriculture Code Section 60.027 - Temporary Directors; Vacancy In Office
(a) If the commissioners court grants the petition, it shall appoint as temporary directors of the district five persons who are qualified under this chapter ...
- Texas Agriculture Code Section 60.028 - Qualification And Bond Of Temporary Directors
Each temporary director shall execute a bond in accordance with Section 60.087 and shall take the oath of office. Added by Acts 2001, 77th Leg., ...
- Texas Agriculture Code Section 60.029 - Election To Confirm District And Initial Permanent Directors
The temporary board of directors shall conduct an election in the district to confirm the creation of the district and to confirm the initial permanent ...
- Texas Agriculture Code Section 60.030 - Election Order
An order calling an election under Section 60.029 must state: (1) the nature of the election, the proposition to appear on the ballot, and the ...
- Texas Agriculture Code Section 60.031 - Notice
In addition to other notice required by law, the temporary directors shall give notice of the election by publishing the substance of the election order ...
- Texas Agriculture Code Section 60.032 - Conduct Of Election
(a) The election shall be held in accordance with the Election Code, to the extent not inconsistent with this chapter. (b) The ballot shall be ...
- Texas Agriculture Code Section 60.033 - Election Results
(a) After the election, the presiding judge shall make returns of the result to the temporary board of directors. The temporary board of directors shall ...
- Texas Agriculture Code Section 60.051 - General Powers And Duties
(a) A district has the powers and duties that are prescribed by this chapter and that are necessary or desirable to carry out a power ...
- Texas Agriculture Code Section 60.052 - Economic Development
A district may encourage the economic development of the area in which the district is located by: (1) fostering the growth of agricultural enterprises; (2) ...
- Texas Agriculture Code Section 60.053 - Agricultural Development
(a) A district may: (1) promote all agricultural enterprises, facilities, and services of the district; (2) encourage the maintenance and conservation of soil and water ...
- Texas Agriculture Code Section 60.054 - Agricultural Projects; Notice
(a) The district shall designate as an agricultural project a project that relates to the development of agriculture in the district and surrounding areas and ...
- Texas Agriculture Code Section 60.055 - Transportation Development; Navigation Districts
(a) The district may encourage the transportation and distribution of the district's agricultural products through the development and operation of transportation structures necessary to further ...
- Texas Agriculture Code Section 60.056 - Agreements; Donations
(a) The district may: (1) make an agreement with any person for any district purpose, including an agreement: (A) to acquire, construct, operate, or maintain ...
- Texas Agriculture Code Section 60.057 - Property
The district may acquire or dispose of property in any manner, including by: (1) conveyance; (2) mortgage; or (3) lease, as lessor or lessee. Added ...
- Texas Agriculture Code Section 60.058 - Eminent Domain
The district may exercise the power of eminent domain for the purpose of acquiring an agricultural facility in order to own, operate, or maintain its ...
- Texas Agriculture Code Section 60.059 - Research
The district may conduct or pay for research for agricultural purposes. Added by Acts 2001, 77th Leg., ch. 1393, § 1, eff. June 16, 2001. ...
- Texas Agriculture Code Section 60.060 - Suits
(a) The district may sue and be sued. (b) In a suit against the district, process may be served on a director or registered agent. ...
- Texas Agriculture Code Section 60.061 - Annexation; Excluding Territory
(a) The district may annex land as provided by Section 49.301 or 49.302, Water Code, except that the references in those sections related to taxes ...
- Texas Agriculture Code Section 60.062 - Powers Beyond District Territory
The district may exercise any of its powers outside the boundaries of the district, except the power to impose assessments and the power of eminent ...
- Texas Agriculture Code Section 60.063 - Notice To Purchasers
(a) Except as provided by Subsection (e), any person who proposes to sell or convey real property located in a district must first give to ...
- Texas Agriculture Code Section 60.0631 - Filing Information
(a) A district shall file with the department and the county clerk in each county in which all or part of the district is located: ...
- Texas Agriculture Code Section 60.064 - Official Seal
The district may adopt an official seal for the district. Added by Acts 2001, 77th Leg., ch. 1393, § 1, eff. June 16, 2001. ...
- Texas Agriculture Code Section 60.065 - Limit On District Powers
The district may not exercise a power unless it furthers the purposes of this chapter. Added by Acts 2001, 77th Leg., ch. 1393, § 1, ...
- Texas Agriculture Code Section 60.081 - Board Of Directors
(a) The district is governed by a board of directors selected in the manner provided by the order issued under Section 60.030. On approval of ...
- Texas Agriculture Code Section 60.082 - Vacancies
The remaining directors shall fill by appointment for the unexpired term a vacancy in the office of director. Added by Acts 2001, 77th Leg., ch. ...
- Texas Agriculture Code Section 60.083 - Board Meetings
The board shall meet at least once every three months and at the call of the presiding officer or a majority of the directors. Added ...
- Texas Agriculture Code Section 60.084 - Management Of District
(a) The board has control over and shall manage the affairs of the district and may employ any person, firm, partnership, or corporation the board ...
- Texas Agriculture Code Section 60.085 - Hearings
(a) The board may conduct hearings and take evidence on any matter before the board. (b) The board may appoint a hearings examiner to conduct ...
- Texas Agriculture Code Section 60.086 - Compensation And Expenses
A director serves without compensation but is entitled to be reimbursed by the district for a reasonable and necessary expense incurred in performing an official ...
- Texas Agriculture Code Section 60.087 - Director's Bond
(a) As soon as practicable after a director is appointed or elected, the director shall execute a $10,000 bond payable to the district and conditioned ...
- Texas Agriculture Code Section 60.088 - Conflicts Of Interest; Affidavit Of Interest
(a) Except as provided in this section: (1) a director may participate in all board votes and decisions; and (2) Chapter 171, Local Government Code, ...
- Texas Agriculture Code Section 60.101 - Miscellaneous Financial Powers And Duties
(a) The district may: (1) impose a charge for using land, a facility, or a service the district provides; (2) issue bonds as provided by ...
- Texas Agriculture Code Section 60.102 - Repayment Of Organizational Expenses
The directors may pay: (1) all costs and expenses necessarily incurred in the creation and organization of the district; (2) the cost of investigation and ...
- Texas Agriculture Code Section 60.103 - Bonds
(a) The district may issue any type of bond, including an anticipation note or refunding bond, for any district purpose. A bond may be issued ...
- Texas Agriculture Code Section 60.104 - Approval Of Assessment Bonds
A bond secured by an assessment may not be issued unless the district receives a written petition signed by each owner of the property being ...
- Texas Agriculture Code Section 60.105 - Agricultural Finance Authority Bonds
(a) A district may apply for and receive financial assistance from the Texas Agricultural Finance Authority. The assistance may be funding derived from the proceeds ...
- Texas Agriculture Code Section 60.106 - Tax Increment Financing
(a) A district may use tax increment financing under Chapter 311, Tax Code, in the manner provided by that chapter for a municipality and as ...
- Texas Agriculture Code Section 60.121 - General Powers
(a) A district may impose an assessment: (1) for a district expense; (2) to finance a project or district service; or (3) for any other ...
- Texas Agriculture Code Section 60.122 - Limits On Assessments
(a) A district may impose an assessment only on real property or on an agricultural product produced on real property included in a petition for ...
- Texas Agriculture Code Section 60.123 - Hearing And Petition Required
A district may impose an assessment only if: (1) a written petition has been filed with the board that: (A) requests the assessment; (B) states ...
- Texas Agriculture Code Section 60.124 - Apportionment Of Cost
The board shall apportion the cost of an assessment according to the special benefits accruing to the real property or product because of the project ...
- Texas Agriculture Code Section 60.125 - Assessment To Finance A Project Or Service
If the board determines the total cost of an assessment to finance a project or service, the board shall impose the assessment against each parcel ...
- Texas Agriculture Code Section 60.126 - Assessment Roll
(a) The board shall prepare and maintain an assessment roll showing the assessment against each parcel of real property and against all applicable agricultural products ...
- Texas Agriculture Code Section 60.127 - Interest On Assessments; Lien
(a) An assessment, including an assessment resulting from an addition or correction to the assessment roll, penalties and interest on an assessment, assessment collection expenses, ...
- Texas Agriculture Code Section 60.128 - Mistakes
After notice and hearing in the manner required for an original assessment, the board may impose an assessment to correct a mistake in the assessment: ...
- Texas Agriculture Code Section 60.129 - Notice Of Hearing
(a) In addition to other notice required by law, the board shall provide notice of an assessment hearing in a newspaper with general circulation in ...
- Texas Agriculture Code Section 60.130 - Conduct Of Hearing
(a) A hearing on a proposed assessment may be adjourned from time to time. (b) If a hearings examiner conducts the hearing, the examiner shall ...
- Texas Agriculture Code Section 60.131 - Rehearing
On petition of a property owner contesting an assessment of the owner's real property or agricultural products received not later than the 30th day after ...
- Texas Agriculture Code Section 60.132 - Filing Of Notice Of Assessment
Not later than the 30th day after the date on which an assessment order is issued, the district shall file a notice of the assessment ...
- Texas Agriculture Code Section 60.133 - Appeal Of Individual Assessment
(a) A real property owner or a person who owns an agricultural product against which an assessment is imposed may appeal the assessment to a ...
- Texas Agriculture Code Section 60.134 - Assessment After Appeal
If the court holds that an assessment is invalid, the board may impose a new assessment in accordance with this subchapter. Added by Acts 2001, ...
- Texas Agriculture Code Section 60.151 - Dissolution
The district dissolves if: (1) a majority of the board votes for dissolution; and (2) all district debts and obligations have been discharged. Added by ...
- Texas Agriculture Code Section 60.152 - Disposition Of Property Of Dissolved District
Prior to dissolution, the board may sell its property. If the purchaser of any district property is not a governmental entity, purchase by the person ...
- Texas Agriculture Code Section 61.001 - Definitions
In this chapter: (1) "Agricultural seed" includes the seed of any grass, forage, cereal, or fiber crop, any other kind of seed commonly recognized in ...
- Texas Agriculture Code Section 61.002 - Administration; Rules
(a) The department shall administer and enforce this chapter and may employ qualified persons and incur expenses as necessary in performing those duties. The number ...
- Texas Agriculture Code Section 61.003 - Classification Of Seeds
The department by rule may classify and define types, kinds, classes, genera, species, subspecies, hybrids, and varieties of agricultural, vegetable, and weed seeds for the ...
- Texas Agriculture Code Section 61.004 - Labeling Of Agricultural Seed
(a) Except as otherwise provided by this section, each container of agricultural seed that is sold or offered or exposed for sale in this state ...
- Texas Agriculture Code Section 61.005 - Labeling Of Vegetable Seed
(a) Each container of vegetable seed that is sold or offered or exposed for sale in this state shall bear or have attached in a ...
- Texas Agriculture Code Section 61.006 - Labeling Of Treated Seed
(a) Seed that has been subjected to a treatment, or to which a substance has been applied, for the purpose of reducing, controlling, or repelling ...
- Texas Agriculture Code Section 61.007 - Certified Seed
(a) A person may not sell or offer, expose, or transport for sale agricultural or vegetable seed that is represented by labeling or an advertisement ...
- Texas Agriculture Code Section 61.008 - Noxious Weed Content
The department by rule may classify noxious weeds and establish the rate allowed or prohibit the inclusion of a noxious weed in a container of ...
- Texas Agriculture Code Section 61.009 - Germination And Purity Testing
(a) All agricultural or vegetable seed sold or offered, exposed, or transported for sale in this state shall be tested to determine the percentage of ...
- Texas Agriculture Code Section 61.010 - Inspection Of Seed
(a) At the time, place, and to the extent the department considers necessary, the department shall sample, inspect, analyze, and test agricultural and vegetable seed ...
- Texas Agriculture Code Section 61.011 - Agricultural Seed Inspection Fee And Permit
(a) A person who sells, or offers, exposes, or otherwise distributes for sale agricultural seed within this state for planting purposes shall pay an inspection ...
- Texas Agriculture Code Section 61.012 - Cancellation Or Revocation Of Agricultural Seed Permit
(a) The department may cancel an agricultural seed permit issued under Section 61.011(c) of this code if the permittee fails to observe the rules adopted, ...
- Texas Agriculture Code Section 61.013 - Vegetable Seed License
(a) A person may not sell or offer, expose, or otherwise distribute for sale vegetable seed for planting purposes in this state unless the person ...
- Texas Agriculture Code Section 61.0135 - Revocation, Modification, Or Suspension Of License
(a) The department shall revoke, modify, or suspend a license, assess an administrative penalty, place on probation a person whose license has been suspended, or ...
- Texas Agriculture Code Section 61.014 - Stop-Sale Order
(a) If the department has reason to believe that agricultural or vegetable seed is in violation of any provision of this chapter, the department may ...
- Texas Agriculture Code Section 61.015 - Seizure Of Seed Not In Compliance
(a) The department may sue in a court of competent jurisdiction in the area in which the seed is located for the seizure of any ...
- Texas Agriculture Code Section 61.016 - Exceptions
(a) Sections 61.001, 61.003-61.005, and 61.008 of this code do not apply to: (1) seed or grain not intended for sowing purposes; (2) seed in ...
- Texas Agriculture Code Section 61.017 - Prosecutions
(a) If the department has reason to believe that a person has violated any provision of this chapter, the department shall conduct a private hearing ...
- Texas Agriculture Code Section 61.018 - Penalties
(a) A person commits an offense if the person sells or offers, exposes, or transports for sale agricultural or vegetable seed within this state that: ...
- Texas Agriculture Code Section 62.001 - Definitions
In this chapter: (1) "Board" means the State Seed and Plant Board. (2) The term "certified seed" or "certified plant" means a seed or plant ...
- Texas Agriculture Code Section 62.002 - State Seed And Plant Board
(a) The State Seed and Plant Board is an agency of the state. The board is composed of six members appointed by the governor with ...
- Texas Agriculture Code Section 62.0021 - Meetings By Telephone Conference Call
(a) Notwithstanding Chapter 551, Government Code, the board may hold an open or closed meeting by telephone conference call if immediate action is required and ...
- Texas Agriculture Code Section 62.0022 - Board Conflict Of Interest
(a) An officer, employee, or paid consultant of a Texas trade association in the field of agriculture may not be a member of the board. ...
- Texas Agriculture Code Section 62.0023 - Removal Of Board Member
(a) It is a ground for removal from the board if a member: (1) does not have at the time of appointment the qualifications required ...
- Texas Agriculture Code Section 62.0024 - Standards Of Conduct
The commissioner or the commissioner's designee shall provide to members of the board, as often as necessary, information regarding their qualification for office under this ...
- Texas Agriculture Code Section 62.0025 - Board Meetings; Administrative Procedure
(a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on ...
- Texas Agriculture Code Section 62.0026 - Separation Of Responsibilities
The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the commissioner and the ...
- Texas Agriculture Code Section 62.0027 - Board Member Training
(a) Before a member of the board may assume the member's duties and before the member may be confirmed by the senate, the member must ...
- Texas Agriculture Code Section 62.003 - Classes Of Certified Seed
(a) The four classes of certified seed and plants are Breeder, Foundation, Registered, and Certified. (b) A Breeder seed or Breeder plant is directly controlled ...
- Texas Agriculture Code Section 62.004 - Eligibility For And Standards Of Certification
(a) The board may establish, not inconsistent with federal law, the eligibility of various kinds and varieties of seed and plants for genetic purity and ...
- Texas Agriculture Code Section 62.005 - Licensing Of Producers Of Foundation, Registered, Or Certified Seed
(a) A person who wants to produce a certified class of seed or plant for which the board has established standards of genetic purity and ...
- Texas Agriculture Code Section 62.006 - Registration Of Plant Breeders
(a) A person engaging in the development, maintenance, or production of seed or plants for which standards of genetic purity and identity have been established ...
- Texas Agriculture Code Section 62.0065 - Notice And Analysis Of Examination Results
(a) Not later than the 30th day after the date on which a licensing or registration examination is administered under this chapter, the board shall ...
- Texas Agriculture Code Section 62.008 - Certification Of Seed And Plants
(a) The department is the certifying agency in Texas for the certification of seed and plants. The department shall employ a sufficient number of inspectors ...
- Texas Agriculture Code Section 62.009 - Seed And Plants From Outside The State
(a) The department may adopt rules, including testing requirements and standards, which must be met before seed or plants represented to be of a certified ...
- Texas Agriculture Code Section 62.010 - Revocation, Modification, Or Suspension Of Registration Or License
(a) The department shall revoke, modify, or suspend the registration or license of a registered plant breeder or licensed producer of Foundation, Registered, or Certified ...
- Texas Agriculture Code Section 62.011 - Penalties
(a) A person commits an offense if the person: (1) sells or offers for sale in this state seed or plants with labeling or packaging ...
- Texas Agriculture Code Section 63.001 - Definitions
In this chapter: (1) "Board" means the board of regents of The Texas A & M University System. (2) "Brand" means the term, design, trademark, ...
- Texas Agriculture Code Section 63.002 - Commercial Fertilizer
(a) Except as otherwise provided by this section, a substance is a commercial fertilizer subject to this chapter if it is: (1) a fertilizer material; ...
- Texas Agriculture Code Section 63.003 - Administration
(a) The Texas Feed and Fertilizer Control Service is under the direction of the director of the Texas Agricultural Experiment Station, who is responsible for ...
- Texas Agriculture Code Section 63.004 - Rules; Standards
Following a public hearing, the service may adopt rules relating to the distribution of commercial fertilizers that the service finds necessary to carry into full ...
- Texas Agriculture Code Section 63.005 - Publications
(a) At least annually, the service shall publish: (1) information concerning the sales of commercial fertilizers, together with data on those sales that the service ...
- Texas Agriculture Code Section 63.006 - Application
(a) This chapter does not apply to, restrict, or void the sale of a commercial fertilizer by an importer, manufacturer, or manipulator to an importer, ...
- Texas Agriculture Code Section 63.021 - Grade Statements
Any statement of the grade of a commercial fertilizer shall be stated in whole numbers in the following order: (1) total nitrogen; (2) available phosphoric ...
- Texas Agriculture Code Section 63.031 - Permit And Registration Required
(a) A person may not manufacture or distribute a commercial fertilizer in this state without a valid current permit issued by the service, and a ...
- Texas Agriculture Code Section 63.032 - Application For Registration
(a) Each application for registration of a commercial fertilizer shall include the following information relating to the fertilizer: (1) the name and principal address of ...
- Texas Agriculture Code Section 63.033 - Term Of Permit And Registration
A permit or registration issued under this chapter is permanent unless: (1) the service revokes, suspends, annuls, or amends the permit or registration; (2) the ...
- Texas Agriculture Code Section 63.034 - Refusal Or Revocation Of Permit
Following notice and a hearing, the service may revoke, suspend, annul, or amend an existing permit or may refuse to issue a permit if it ...
- Texas Agriculture Code Section 63.035 - Refusal Or Revocation Of Registration
Following notice and a hearing, the service may revoke, suspend, annul, or amend an existing registration of or may refuse a registration to a commercial ...
- Texas Agriculture Code Section 63.051 - Labeling Of Commercial Fertilizer
(a) Except as provided by Subsection (d) of this section, each container of commercial fertilizer distributed in this state, other than customer-formula fertilizer, must have ...
- Texas Agriculture Code Section 63.052 - Misleading Label
The label of a commercial fertilizer may not be misleading in any particular. Acts 1981, 67th Leg., p. 1144, ch. 388, § 1, eff. Sept. ...
- Texas Agriculture Code Section 63.053 - Labeling Of Customer-Formula Fertilizer
A person distributing customer-formula fertilizer in this state shall at the time of delivery furnish to the purchaser a label showing: (1) the name and ...
- Texas Agriculture Code Section 63.054 - General Label Restrictions
Except as authorized by this chapter or a rule of the service, the label of a commercial fertilizer may not: (1) advertise, name, promote, emphasize, ...
- Texas Agriculture Code Section 63.071 - Inspection Fee
(a) For each state fiscal year, the registrant of a commercial fertilizer shall pay to the service an inspection fee as prescribed by this section. ...
- Texas Agriculture Code Section 63.072 - Tonnage Report And Inspection Fee Payment
(a) The person responsible for paying a fertilizer inspection fee shall file with the service a sworn report either stating that no tonnage of commercial ...
- Texas Agriculture Code Section 63.073 - Penalty For Late Filing Or Payment
(a) If a person does not file a report or pay the inspection fee as required by Section 63.072, the registrant shall pay a penalty ...
- Texas Agriculture Code Section 63.074 - Records; Additional Reports; Audits
(a) For the purpose of determining the accurate tonnage of commercial fertilizers distributed in this state or identifying or verifying tonnage reports, the service may ...
- Texas Agriculture Code Section 63.075 - Disposition And Use Of Fees
(a) The service shall deposit fees collected under this subchapter in the same manner as other local institutional funds of The Texas A & M ...
- Texas Agriculture Code Section 63.091 - Inspection And Sampling; Entry Power
In order to determine if commercial fertilizer is in compliance with this chapter, the service is entitled to: (1) enter during regular business hours and ...
- Texas Agriculture Code Section 63.092 - Procedure For Sampling And Analysis
The service by rule shall prescribe the procedures for sampling and analysis of commercial fertilizers. The procedures must, to the extent practicable, be in accordance ...
- Texas Agriculture Code Section 63.093 - Identification Of Sample
(a) Each sample taken shall be sealed with a label placed on the container of the sample showing: (1) the serial number of the sample; ...
- Texas Agriculture Code Section 63.094 - Independent Analysis Of Sample
(a) If the service finds through chemical analysis or other method that a commercial fertilizer is in violation of a provision of this chapter, the ...
- Texas Agriculture Code Section 63.095 - Testing Of Samples On Request
In accordance with the rules of the director, any person may submit a sample of a commercial fertilizer to the director for analysis. The results ...
- Texas Agriculture Code Section 63.121 - Stop-Sale Order
(a) If the service has reasonable cause to believe that a commercial fertilizer is being distributed in violation of a provision of this chapter, the ...
- Texas Agriculture Code Section 63.122 - Condemnation Of Fertilizer
(a) If, after examination and analysis, the service finds that a commercial fertilizer is in violation of a provision of this chapter, the service shall ...
- Texas Agriculture Code Section 63.123 - Warnings
If the service determines that a violation of this chapter is of a minor nature and that the public interest will be served and protected ...
- Texas Agriculture Code Section 63.124 - Injunction
(a) The service may sue in the name of the director to enjoin a violation of this chapter. (b) The service may request a prosecuting ...
- Texas Agriculture Code Section 63.125 - Suit To Recover Fees
The service may sue to recover an inspection fee or penalty due under Subchapter E of this chapter. Venue for a suit under this section ...
- Texas Agriculture Code Section 63.126 - Prosecutions
Each district attorney, criminal district attorney, or county attorney to whom the service reports a violation of this chapter shall cause appropriate proceedings to be ...
- Texas Agriculture Code Section 63.127 - Venue For Civil And Criminal Actions
Except as provided by Section 63.125 of this chapter, venue for a civil action or criminal prosecution under this chapter is in the county in ...
- Texas Agriculture Code Section 63.128 - Appeal Of Administrative Order Or Ruling
(a) A person at interest who is aggrieved by an order or ruling of the service may appeal the order or ruling in the manner ...
- Texas Agriculture Code Section 63.141 - General Penalty
(a) A person commits an offense if the person violates a provision of this chapter. (b) An offense under this section is a Class C ...
- Texas Agriculture Code Section 63.142 - Distribution Of Misbranded Fertilizer
(a) A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute commercial fertilizer that: (1) carries a ...
- Texas Agriculture Code Section 63.143 - Distribution Of Adulterated Fertilizer
(a) A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute a commercial fertilizer that: (1) has ...
- Texas Agriculture Code Section 63.144 - Distribution Of Commercial Fertilizer Without Registration, Labeling, Or Payment Of Inspection Fee
(a) A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute commercial fertilizer: (1) that is required ...
- Texas Agriculture Code Section 63.145 - Refusal Of Inspection Or Sampling
(a) A person commits an offense if the person refuses, conspires to refuse, or causes another person to refuse to permit entry, inspection, sampling, or ...
- Texas Agriculture Code Section 63.146 - Refusal To Pay Inspection Fee Or Submit Records
(a) A person commits an offense if the person refuses, conspires to refuse, or causes another person to refuse to make records available, furnish reports, ...
- Texas Agriculture Code Section 64.001 - Applicability
This chapter applies only to claims or counterclaims due to the failure of seed purchased in a seed bag or package that contains or has ...
- Texas Agriculture Code Section 64.002 - Requirement Of Arbitration
(a) When a purchaser of seed designed for planting claims to have been damaged by the failure of the seed to produce or perform as ...
- Texas Agriculture Code Section 64.003 - Notice Of Arbitration Requirement
(a) Conspicuous language calling attention to the requirement for arbitration under this chapter shall be included on the analysis label required under this subtitle or ...
- Texas Agriculture Code Section 64.004 - Effect Of Arbitration
In any litigation involving a complaint that has been the subject of arbitration under this chapter, any party may introduce the report of arbitration as ...
- Texas Agriculture Code Section 64.005 - Arbitration Board
(a) The State Seed and Plant Board, as constituted under Section 62.002 of this code, is the board of arbitration for complaints filed under this ...
- Texas Agriculture Code Section 64.006 - Arbitration Procedures
(a) A purchaser may begin arbitration by filing with the commissioner a sworn complaint and a filing fee, as provided by department rule. The purchaser ...
- Texas Agriculture Code Section 64.0065 - Effect Of Noncompliance
The arbitration board may dismiss a purchaser's claim to arbitration if the purchaser fails to submit the claim within the period prescribed by Section 64.002(a). ...
- Texas Agriculture Code Section 64.007 - Department Rules
The department may adopt rules necessary to carry out the purposes of this chapter. Added by Acts 1989, 71st Leg., ch. 604, § 1, eff. ...
- Texas Agriculture Code Section 71.001 - Quarantines Against Out-Of-State Diseases And Pests
If the department determines that a dangerous insect pest or plant disease new to and not widely distributed in this state exists in any area ...
- Texas Agriculture Code Section 71.002 - Quarantines Against In-State Diseases And Pests
If the department determines that a dangerous insect pest or plant disease not widely distributed in this state exists within an area of the state, ...
- Texas Agriculture Code Section 71.003 - Quarantines Around Pest-Free Areas
(a) If the department determines that an insect pest or plant disease of general distribution in this state does not exist in an area, the ...
- Texas Agriculture Code Section 71.004 - Emergency Quarantines
(a) The department may establish an emergency quarantine without notice and public hearing if the department determines that a public emergency exists in which there ...
- Texas Agriculture Code Section 71.005 - Movement Of Plants From Quarantined Area
(a) Except as provided by Subsection (b) of this section, the department shall prevent the movement, from a quarantined area into an unquarantined area or ...
- Texas Agriculture Code Section 71.006 - Hearing
(a) Before quarantining an area under Section 71.001, 71.002, or 71.003 of this code, the chief entomologist of the department and, if appointed, one or ...
- Texas Agriculture Code Section 71.007 - Rules
In addition to other rules necessary for the protection of agricultural and horticultural interests, the department may adopt rules that: (1) prevent the selling, moving, ...
- Texas Agriculture Code Section 71.008 - Control Or Eradication Zone
(a) On request of the commissioners court of any county, the department shall investigate whether a certain insect pest or plant disease exists in the ...
- Texas Agriculture Code Section 71.0081 - Vehicle Inspections For Insect Pests Or Plant Diseases
(a) If the department establishes a quarantine or, without establishing a quarantine, determines that there is a likelihood of introduction or dissemination of an insect ...
- Texas Agriculture Code Section 71.0082 - Inspections For Certain Pests And Diseases
(a) In addition to vehicle inspections authorized under Section 71.0081, the department and the Texas Animal Health Commission, under the direction of the department, shall ...
- Texas Agriculture Code Section 71.009 - Seizure, Treatment, And Destruction Of Plants, Plant Products, And Other Substances
(a) The department shall seize any plant, plant product, or substance that it determines: (1) is transported or carried from a quarantined area in violation ...
- Texas Agriculture Code Section 71.0091 - Seizure, Treatment, And Destruction Of A Citrus Plant, Citrus Plant Product, Or Citrus Substance
(a) The department may seize a citrus plant, citrus plant product, or citrus substance that the department determines: (1) is transported or carried from a ...
- Texas Agriculture Code Section 71.0092 - Seizure, Treatment, Handling, And Destruction Of Certain Materials Within Quarantined Area
(a) In this section, "quarantined article" means: (1) a plant, plant product, substance, or other item capable of hosting or facilitating the dissemination of an ...
- Texas Agriculture Code Section 71.010 - Appeals
(a) A person who is aggrieved and will be injured by a quarantine or whose property is to be destroyed by order of the department ...
- Texas Agriculture Code Section 71.0101 - Department Of Public Safety To Cooperate
The Department of Public Safety shall cooperate with the department in conducting inspections and enforcing the provisions of this subchapter. Added by Acts 1981, 67th ...
- Texas Agriculture Code Section 71.011 - Protection Of Carrier From Damages
A carrier, including a railway, steamship, motorboat, bus, or truck, is not liable to a consignor or consignee for damages for refusing to receive and ...
- Texas Agriculture Code Section 71.012 - Civil Penalty; Injunction
(a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not ...
- Texas Agriculture Code Section 71.013 - Criminal Penalties
(a) A person commits an offense if, in violation of a rule adopted under Section 71.007 or 71.0081 of this code, the person: (1) sells, ...
- Texas Agriculture Code Section 71.041 - Definitions
In this subchapter: (1) "Florist" means a person who maintains, grows, raises, or buys and offers for sale or lease for profit florist items. (2) ...
- Texas Agriculture Code Section 71.042 - Duty Of Department; Rules
The department shall enforce this subchapter and may adopt rules as necessary for the immunity and protection of plants from diseases and insect pests, including ...
- Texas Agriculture Code Section 71.043 - Annual Registration
(a) A florist or nursery owner must register with the department under this section each nursery, greenhouse, orchard, garden, or other place growing for sale ...
- Texas Agriculture Code Section 71.044 - Inspection
(a) At least once every three years the department shall inspect each nursery, greenhouse, orchard, garden, florist, nursery stock weather protection unit, or other place ...
- Texas Agriculture Code Section 71.046 - Treatment Or Destruction Of Diseased Or Infested Plants Or Premises
(a) If the department determines that any nursery product, florist item, or premises are diseased or pest infested, the department shall take action necessary to ...
- Texas Agriculture Code Section 71.047 - Expense Of Treatment
(a) The owner, manager, or person in charge of the nursery product, florist item, or premises is liable for all expenses of treatment or destruction ...
- Texas Agriculture Code Section 71.048 - Appeal Of Notice Or Order
(a) A person who is aggrieved by an order or notice of the department or whose property is to be destroyed under an order or ...
- Texas Agriculture Code Section 71.049 - Enforcement Of Notice Or Order
(a) If the court decides against the appealing party under Section 71.048 of this code or if a party fails to perfect an appeal, the ...
- Texas Agriculture Code Section 71.050 - Certificate To Accompany Shipment
(a) Nursery products or florist items offered for sale or lease, consigned for shipment, or shipped by freight, express, or other means of transportation shall ...
- Texas Agriculture Code Section 71.051 - Importation Certificates
(a) Except as otherwise provided by department rule, a person may not ship a nursery product or florist item into this state without first obtaining ...
- Texas Agriculture Code Section 71.053 - Inspection Of Shipments
(a) The department shall inspect shipments of nursery products or florist items in this state to determine if the shipments are accompanied by the tags ...
- Texas Agriculture Code Section 71.054 - Protection Of Carriers From Liability; Reporting Of Unlawful Shipments
(a) A transportation company or common carrier is not liable for damages to a consignee or consignor for refusing to receive for transportation or refusing ...
- Texas Agriculture Code Section 71.055 - Revocation Of Certificate
The department may revoke a certificate issued under this subchapter if it finds that the person to whom the certificate was issued: (1) made a ...
- Texas Agriculture Code Section 71.056 - Inspection Fees
(a) The department shall fix by rule and collect a fee for inspection of nursery products or florist items when the inspection is required by ...
- Texas Agriculture Code Section 71.057 - Nursery Dealers And Agents; Annual Registration
(a) A person who buys and sells or leases or offers for sale or lease a nursery product and who has facilities that maintain or ...
- Texas Agriculture Code Section 71.058 - Penalties
(a) A person commits an offense if the person wilfully or negligently: (1) violates a provision of this subchapter; or (2) fails or refuses to ...
- Texas Agriculture Code Section 71.059 - Civil Penalty; Injunction
(a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not ...
- Texas Agriculture Code Section 71.060 - Stop-Sale Order
(a) If the department has reason to believe that a florist item or nursery product is in violation of this subchapter or a rule adopted ...
- Texas Agriculture Code Section 71.101 - Duty Of Department; Rules
The department shall enforce this subchapter and may appoint inspectors and adopt rules necessary for that enforcement. Acts 1981, 67th Leg., p. 1160, ch. 388, ...
- Texas Agriculture Code Section 71.102 - Field Inspection
The department shall conduct field inspections of vegetable plants and certify those plants prior to the preparation for shipment in order to provide the purchaser ...
- Texas Agriculture Code Section 71.103 - Inspection Certificate
(a) Except as provided by Subsection (b) of this section, if the department determines following field inspection that the vegetable plants inspected are apparently free ...
- Texas Agriculture Code Section 71.104 - Tomato Diseases And Insects
The department shall determine that tomato plants are apparently free from the following diseases and from damaging infestation of the following pests:DISEASES SCIENTIFIC NAME OF ...
- Texas Agriculture Code Section 71.105 - Cruciferous Plant Diseases And Insects
The department shall determine that cruciferous plants, including cabbage, cauliflower, broccoli, and collards, are apparently free from the following diseases and from damaging infestation of ...
- Texas Agriculture Code Section 71.106 - Pepper Diseases
The department shall determine that pepper plants are apparently free from the following diseases:DISEASES SCIENTIFIC NAME OF ORGANISM Nematode root knot Heterodera marioni Southern blight ...
- Texas Agriculture Code Section 71.107 - Onion Diseases And Insects
The department shall determine that onion plants are apparently free from the following diseases and from damaging infestation of the following insects:DISEASES SCIENTIFIC NAME OF ...
- Texas Agriculture Code Section 71.108 - Eggplant Diseases
The department shall determine that eggplants are apparently free from the following diseases:DISEASES SCIENTIFIC NAME OF ORGANISM Nematode root knot Heterodera marioni Southern blight Sclerotium ...
- Texas Agriculture Code Section 71.109 - Sweet Potato Diseases And Insects
The department shall determine that sweet potato plants are apparently free from the following plant diseases and insects:DISEASES SCIENTIFIC NAME OF ORGANISM Stem rot or ...
- Texas Agriculture Code Section 71.110 - Treatment Or Destruction Of Plants
(a) If, at the time of field inspection, the department finds an injurious pest or disease or insect listed in Sections 71.104-71.109, as applicable, the ...
- Texas Agriculture Code Section 71.111 - Certificate For Imported Plants
(a) Except as provided by Subsection (b) of this section, a plant subject to certification under this subchapter that is shipped into this state shall ...
- Texas Agriculture Code Section 71.112 - Protection Of Carriers From Liability
A transportation company or common carrier is not liable for damages to the consignee or consignor for refusing to receive for transportation or refusing to ...
- Texas Agriculture Code Section 71.113 - Revocation Of Certificate
The department may revoke a certificate tag or stamp issued to a plant grower who: (1) makes a false representation; or (2) refuses to comply ...
- Texas Agriculture Code Section 71.114 - Fees
(a) A person applying for a certificate tag or stamp shall pay an inspection fee at the time of application. (b) The department shall charge ...
- Texas Agriculture Code Section 71.115 - Packaging And Labeling Of Certified Plants
(a) Each bundle or package of certified plants must be plainly labeled on the container with the count of the plants bundled or packaged. The ...
- Texas Agriculture Code Section 71.116 - Penalties
(a) A person commits an offense if the person: (1) wilfully or negligently violates a provision of this subchapter; or (2) makes a false representation ...
- Texas Agriculture Code Section 71.117 - Civil Penalty; Injunction
(a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not ...
- Texas Agriculture Code Section 71.151 - List Required
(a) The department by rule shall publish a list of noxious and invasive plant species that have serious potential to cause economic or ecological harm ...
- Texas Agriculture Code Section 71.152 - Noxious Or Invasive Plant Sale, Distribution, Or Importation Prohibited
(a) A person commits an offense if the person sells, distributes, or imports into the state a noxious or invasive plant species included on the ...
- Texas Agriculture Code Section 71.153 - Local Regulation
(a) A political subdivision may not adopt an ordinance or rule that restricts the planting, sale, or distribution of noxious or invasive plant species. (b) ...
- Texas Agriculture Code Section 72.001 - Definitions
In this chapter: (1) "Host fruit" means a fruit susceptible to infestation by the Mexican fruit fly. (2) "Mexican fruit fly" means the insect Anastrepha ...
- Texas Agriculture Code Section 72.002 - Administration; Rules
(a) The department shall administer this chapter in order to control or eradicate the Mexican fruit fly in this state and to protect all premises ...
- Texas Agriculture Code Section 72.003 - Peace Officer Power
A person in whom enforcement of any provision of this chapter is invested has the power of a peace officer in that enforcement. Acts 1981, ...
- Texas Agriculture Code Section 72.004 - Entry Power
In enforcing this chapter, the department may enter on any premises to inspect the premises or a tree, plant, shrub, or fruit growing or stored ...
- Texas Agriculture Code Section 72.005 - Reports And Notices
A report, notice, statement, or record required by this chapter shall be in English and, unless otherwise provided, shall be in writing. Acts 1981, 67th ...
- Texas Agriculture Code Section 72.006 - Prosecutions
On request of the department, an enforcement officer, or another interested person, the district or county attorney of any county in which a violation of ...
- Texas Agriculture Code Section 72.011 - Establishment
(a) When advised of the existence of Mexican fruit fly within a county or part of a county in this state, the department shall certify ...
- Texas Agriculture Code Section 72.012 - Persons And Premises Subject
The premises of each individual, whether an owner, lessee, renter, tenant, or occupant, within the area named in the quarantine proclamation are subject to the ...
- Texas Agriculture Code Section 72.013 - Term
A quarantine established under this subchapter is effective until modified or removed by the department. Acts 1981, 67th Leg., p. 1166, ch. 388, § 1, ...
- Texas Agriculture Code Section 72.014 - Designated Counties
Cameron, Hidalgo, and Willacy counties are designated as quarantined for the purposes of this chapter. Acts 1981, 67th Leg., p. 1166, ch. 388, § 1, ...
- Texas Agriculture Code Section 72.015 - Movement Of Fruit In Violation Of Quarantine; Certificate
(a) A person may not haul, truck or otherwise move citrus fruit from any premises or area that is under quarantine for Mexican fruit fly ...
- Texas Agriculture Code Section 72.021 - Determination Of Infestation
(a) If an accredited entomologist finds or knows that the larvae of the Mexican fruit fly exist on premises within a quarantined area, the entomologist ...
- Texas Agriculture Code Section 72.022 - Citrus Quarantine Advisory Committee
(a) The commissioners court of a county in a quarantined area shall appoint a citrus quarantine advisory committee composed of four citrus growers and one ...
- Texas Agriculture Code Section 72.023 - Method Of Control
(a) Taking into consideration the recommendations of the appropriate citrus quarantine advisory committee, the department shall determine the best method of controlling or eradicating a ...
- Texas Agriculture Code Section 72.024 - Host-Free Period
(a) The department may adopt the host-free period adopted by the United States Department of Agriculture for Mexican fruit fly quarantine in this state. During ...
- Texas Agriculture Code Section 72.025 - Unhusbandlike And Unsanitary Conditions; Orders Of Department
(a) It is a public nuisance to maintain premises in a quarantined area in an unhusbandlike or unsanitary condition. A person maintains an unhusbandlike or ...
- Texas Agriculture Code Section 72.026 - Expenses Of And Responsibility For Compliance With Order Of Department
(a) If the department issues an order under Section 72.025(c) of this code, the owner, part owner, or caretaker of the premises involved shall furnish ...
- Texas Agriculture Code Section 72.041 - Appeal Of Department Order
A person aggrieved by an order of the department may appeal to a court of competent jurisdiction within the county in which the premises subject ...
- Texas Agriculture Code Section 72.042 - Enforcement Of Department Order; Fees
(a) If a person fails to comply with an order of the department under Section 72.025(c) of this code before the 11th day following the ...
- Texas Agriculture Code Section 72.043 - Lien
(a) For the purpose of securing the payment of fees under Section 72.042 of this code, the department has a lien on all citrus fruit ...
- Texas Agriculture Code Section 72.044 - Injunctions; Mandamus
(a) If a person responsible for execution of an order under Section 72.025(c) of this code fails or refuses, or threatens to fail or refuse, ...
- Texas Agriculture Code Section 72.045 - Seizure Of Ownerless Fruit
If the department is not able to locate an owner, part owner, or caretaker for premises in a county in which Mexican fruit fly control ...
- Texas Agriculture Code Section 72.046 - Civil Penalty; Injunction
(a) A person who violates this chapter or a rule adopted under this chapter is liable to the state for a civil penalty of not ...
- Texas Agriculture Code Section 72.061 - General Penalty
(a) A person who violates any provision of this chapter for which a separate penalty is not provided commits an offense. (b) An offense under ...
- Texas Agriculture Code Section 72.062 - Failure To Comply With Department Order
(a) A person commits an offense if the person fails or refuses to comply with an order of the department under Section 72.025(c) of this ...
- Texas Agriculture Code Section 72.063 - Public Nuisance
(a) A person commits an offense if the person: (1) fails or refuses to clean quarantined premises or dispose of fruit in accordance with Section ...
- Texas Agriculture Code Section 72.064 - Movement Of Fruit In Violation Of Quarantine
(a) A person commits an offense if the person violates a provision of Section 72.015 of this code. (b) An offense under this section is ...
- Texas Agriculture Code Section 73.001 - Definition
In this chapter, "nursery product" has the meaning assigned by Section 71.041 of this code. Acts 1981, 67th Leg., p. 1171, ch. 388, § 1, ...
- Texas Agriculture Code Section 73.002 - Policy
The state recognizes that the citrus industry is a valuable asset and that citrus fruit and trees are highly susceptible to the ravages of insects, ...
- Texas Agriculture Code Section 73.003 - Citrus Zone
The following counties are designated as the citrus zone of this state: Cameron, Willacy, Hidalgo, Starr, Zapata, Jim Hogg, Brooks, Kenedy, Kleberg, Nueces, Jim Wells, ...
- Texas Agriculture Code Section 73.004 - Injurious Diseases And Pests
In accordance with Subchapter A, Chapter 71, of this code, the department shall establish quarantines against pests and diseases determined by department rule to be ...
- Texas Agriculture Code Section 73.005 - Movement Of Infected Nursery Products And Other Hosts Into Citrus Zone
A person may not ship into the citrus zone a nursery product, seed, citrus fruit, or other host infected with a pest or disease listed ...
- Texas Agriculture Code Section 73.006 - Certificate Of Inspection; Permit
(a) A person may not ship a citrus nursery product or citrus fruit from outside this state into this state without first filing with the ...
- Texas Agriculture Code Section 73.007 - Protection Of Carrier From Damages
A transportation company or common carrier is not liable for damages to a consignor or consignee for refusing to receive for transportation or refusing to ...
- Texas Agriculture Code Section 73.008 - Department Employees And Expenses Outside The State
This chapter does not authorize the department to expend money, send employees, or employ persons outside this state. Acts 1981, 67th Leg., p. 1173, ch. ...
- Texas Agriculture Code Section 73.009 - Penalties
(a) A person commits an offense if the person violates a provision of Section 73.005 or 73.006 of this code. (b) An offense under Section ...
- Texas Agriculture Code Section 73.010 - Civil Penalty; Injunction
(a) A person who violates this chapter or a rule adopted under this chapter is liable to the state for a civil penalty of not ...
- Texas Agriculture Code Section 74.001 - Public Nuisance
The legislature finds that cotton pests are a menace to the cotton industry, and that control of those pests is a public necessity. Any portion ...
- Texas Agriculture Code Section 74.002 - Definitions
In this subchapter: (1) "Cotton" includes the cotton plant, cotton in the boll, cotton stalk, and all cotton products, including seed cotton, cottonseed, and cotton ...
- Texas Agriculture Code Section 74.003 - Establishment Of Pest Management Zones
(a) Any producer organization authorized under the laws of this state or recognized under department rules and representing cotton producers may petition the commissioner for ...
- Texas Agriculture Code Section 74.004 - Destruction Of Host Plants
(a) On petition of the administrative committee of a pest management zone, the department may establish regulated areas, dates, and appropriate methods of destruction of ...
- Texas Agriculture Code Section 74.0041 - Regulation Of Planting Dates
On petition of the administrative committee of a pest management zone, the department may establish uniform planting dates for host plants. Added by Acts 1993, ...
- Texas Agriculture Code Section 74.005 - Entry Power; Inspections
For the purpose of enforcing this chapter, the department is entitled to: (1) enter any field of host plants or any premises in which a ...
- Texas Agriculture Code Section 74.006 - Rules
The department may adopt rules as are necessary for the efficient enforcement and administration of this subchapter. Amended by Acts 1987, 70th Leg., ch. 691, ...
- Texas Agriculture Code Section 74.007 - Offenses; Penalty
(a) A person commits an offense if the person: (1) violates a proclamation or a rule or restriction adopted under this subchapter; (2) brings into ...
- Texas Agriculture Code Section 74.008 - Civil Penalty; Injunction
(a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not ...
- Texas Agriculture Code Section 74.009 - Cotton Pest Control And Eradication Policy
The state shall employ all constitutional methods to control and eradicate cotton pests that scientific research demonstrates to be successful, including: (1) inspection of host ...
- Texas Agriculture Code Section 74.010 - Regulation Of Cotton Pests; Quarantines
(a) If, under prior law, the department proclaimed a quarantine against infested territory, no person may import into Texas from the quarantined territory a substance ...
- Texas Agriculture Code Section 74.011 - Regulation Of Ginning
A ginner may not gin cotton from a regulated zone under this subchapter unless the ginner disinfects the seed in accordance with rules of the ...
- Texas Agriculture Code Section 74.012 - Inspectors
The department may employ and prescribe the qualifications and duties of inspectors and other employees necessary to the administration of this subchapter. Acts 1981, 67th ...
- Texas Agriculture Code Section 74.013 - Cooperation With Federal Programs
The department shall cooperate with the United States Department of Agriculture in any measure authorized by, and undertaken in accordance with, federal law for preventing ...
- Texas Agriculture Code Section 74.101 - Findings And Declaration Of Policy
(a) It is hereby found and declared that: (1) the insects Anthonomus grandis Boheman, known as the boll weevil, and Pectinophora gossypiella, known as the ...
- Texas Agriculture Code Section 74.1011 - Designation Of Entity To Carry Out Boll Weevil Eradication
(a) The Texas Boll Weevil Eradication Foundation, Inc., a Texas nonprofit corporation chartered by the secretary of state on September 14, 1993, shall be recognized ...
- Texas Agriculture Code Section 74.102 - Definitions
In this subchapter: (1) "Board" means the board of directors of the Texas Boll Weevil Eradication Foundation, Inc. (2) "Boll weevil" has the meaning assigned ...
- Texas Agriculture Code Section 74.1021 - Statutory Zones
(a) The Northern High Plains Eradication Zone consists of Armstrong, Bailey, Briscoe, Castro, Deaf Smith, Floyd, Hale, Lamb, Parmer, Randall, and Swisher counties, and other ...
- Texas Agriculture Code Section 74.1041 - Advisory Committees
(a) The commissioner may appoint an advisory committee for an existing eradication zone or an area of the state that is to be considered by ...
- Texas Agriculture Code Section 74.1042 - Creation Of Nonstatutory Eradication Zones
(a) The commissioner may by rule designate an area of the state as a proposed eradication zone as long as the area is not within ...
- Texas Agriculture Code Section 74.105 - Eradication Zone Referenda
(a) The commissioner shall conduct a referendum in each proposed eradication zone to determine whether cotton growers desire to establish an eradication zone. (b) Eradication ...
- Texas Agriculture Code Section 74.106 - Board Elections
(a) The initial election for board members from a proposed eradication zone shall be held concurrently with an eradication zone referendum held under Section 74.105. ...
- Texas Agriculture Code Section 74.107 - Composition Of Board
(a) The board shall be composed of members elected from each statutory eradication zone established and validated by referendum, members elected from each nonstatutory eradication ...
- Texas Agriculture Code Section 74.108 - Powers Of Board And Commissioner
(a) The board may: (1) conduct programs consistent with the declaration of policy stated in Section 74.101; (2) accept, as necessary to implement this chapter, ...
- Texas Agriculture Code Section 74.109 - Board Duties
(a) The board shall have an annual independent audit of the books, records of account, and minutes of proceedings maintained by the foundation prepared by ...
- Texas Agriculture Code Section 74.1095 - Administrative Review
(a) The commissioner by rule shall establish procedures for the informal review and resolution of a claim arising out of certain acts taken by the ...
- Texas Agriculture Code Section 74.110 - Liability Of Foundation Members, Officers, And Employees
(a) Except for instances of gross negligence, individual criminal actions, or acts of dishonesty, the foundation's members, directors, officers, and employees are not individually liable ...
- Texas Agriculture Code Section 74.1101 - Liability Of Applicators
(a) In this section, "applicator" means an individual or other person that is not a member, director, officer, or employee of the foundation and that ...
- Texas Agriculture Code Section 74.1102 - Contracting
(a) For a purchase of goods and services under this chapter, the foundation may purchase goods and services that provide the best value for the ...
- Texas Agriculture Code Section 74.111 - Board Member Compensation
Board members serve without compensation but are entitled to reimbursement for reasonable and necessary expenses incurred in the discharge of their duties. Added by Acts ...
- Texas Agriculture Code Section 74.112 - Discontinuation Of Program And Foundation And Disposition Of Funds On Discontinuance
(a) On the determination by the foundation that the boll weevil eradication program has been completed in all eradication zones established under this subchapter for ...
- Texas Agriculture Code Section 74.113 - Assessment Referenda
(a) The commissioner shall propose the assessment needed in each eradication zone to ensure the stability of the cotton industry by eradicating the public nuisance ...
- Texas Agriculture Code Section 74.114 - Conduct Of Board Elections And Referenda; Balloting
(a) The commissioner shall conduct a referendum or board election authorized under this subchapter. At the end of each four-year period in which an eradication ...
- Texas Agriculture Code Section 74.115 - Payment Of Assessments; Assessment Liens
(a) A cotton grower who fails to pay an assessment levied under this subchapter when due may be subject, after reasonable notice and opportunity for ...
- Texas Agriculture Code Section 74.116 - Exemption From Assessment Penalties
(a) The commissioner by rule shall adopt criteria for exemption from payment of assessment penalties under Section 74.115 of this code a cotton grower for ...
- Texas Agriculture Code Section 74.117 - Entry Of Premises; Eradication Activities; Inspections
The department, the foundation, or a designated representative of either entity may enter cotton fields or other premises to carry out the purposes of this ...
- Texas Agriculture Code Section 74.118 - Authority To Prohibit Planting Of Cotton And Require Participation In Eradication Program
(a) The commissioner may adopt reasonable rules regarding areas where cotton may not be planted in an eradication zone if there is reason to believe ...
- Texas Agriculture Code Section 74.119 - Authority For Destruction Or Treatment Of Cotton In Eradication Zones; Compensation Payable
The department may destroy or treat volunteer or other noncommercial cotton and establish procedures for the purchase and destruction of commercial cotton in eradication zones ...
- Texas Agriculture Code Section 74.120 - Authority To Adopt Rules
(a) The commissioner shall adopt rules to protect individuals, livestock, wildlife, and honeybee colonies on any premises in an eradication zone on which cotton plants ...
- Texas Agriculture Code Section 74.121 - Reports
Each person in an active eradication zone growing cotton in this state shall furnish to the foundation on forms supplied by the foundation information that ...
- Texas Agriculture Code Section 74.122 - Quarantine
The department may adopt rules relating to quarantining areas of this state that are infested with the boll weevil or the pink bollworm. The rules ...
- Texas Agriculture Code Section 74.123 - Documenting Regulated Articles
To implement this subchapter, the department may issue or authorize issuance of: (1) a certificate that indicates that a regulated article is not infested with ...
- Texas Agriculture Code Section 74.124 - Cooperative Programs Authorized
(a) The foundation may carry out programs to destroy and eliminate the boll weevil and the pink bollworm in this state by cooperating through written ...
- Texas Agriculture Code Section 74.125 - Organic Cotton Growers
(a) The commissioner shall develop rules and procedures to: (1) protect the eligibility of organic cotton growers to be certified by the commissioner; (2) ensure ...
- Texas Agriculture Code Section 74.126 - Penalties
(a) A person who violates this subchapter or a rule adopted under this subchapter or who alters, forges, counterfeits, or uses without authority a certificate, ...
- Texas Agriculture Code Section 74.127 - Sunset Provision
(a) The board of directors of the official cotton growers' boll weevil eradication foundation is subject to Chapter 325, Government Code (Texas Sunset Act). Unless ...
- Texas Agriculture Code Section 74.128 - Annual Report
The board shall issue to the commissioner and the appropriate oversight committee in the house of representatives an annual report detailing its efforts to carry ...
- Texas Agriculture Code Section 74.129 - Exemption From Lawsuits, Liability, Taxation, And Legal Process
The legislature recognizes that the foundation, acting under the supervision and control of the commissioner, is carrying out an important governmental function and that therefore ...
- Texas Agriculture Code Section 74.130 - Use Of Bio-Intensive Controls
(a) The commissioner shall develop and adopt rules to allow a cotton grower in an eradication program to use biological, botanical, or other non-synthetic pest ...
- Texas Agriculture Code Section 74.131 - Venue
(a) Venue for an action arising out of this subchapter in which the foundation is a party is in Travis County. (b) This section does ...
- Texas Agriculture Code Section 74.151 - Definitions
In this subchapter: (1) "Boll weevil" and "pink bollworm" have the meanings assigned by Section 74.002. (2) "Commissioner" has the meaning assigned by Section 74.102. ...
- Texas Agriculture Code Section 74.152 - Creation Of Cost-Sharing Program
As part of the program to eradicate the boll weevil and the pink bollworm under this chapter, a cost-sharing program is created to be administered ...
- Texas Agriculture Code Section 74.153 - Cost-Sharing Program Requirements
(a) The commissioner may contract to obtain boll weevil eradication services for the state with the entity named under Section 74.1011. (b) The department may ...
- Texas Agriculture Code Section 74.201 - Definitions
The definitions provided by Section 74.102 apply to this subchapter. Added by Acts 2005, 79th Leg., ch. 119, § 3, eff. Sept. 1, 2005. ...
- Texas Agriculture Code Section 74.202 - Maintenance Areas
(a) On the request of the foundation and affected cotton grower steering committees, the commissioner by rule may designate boll weevil and pink bollworm eradication ...
- Texas Agriculture Code Section 74.203 - Maintenance Fees
(a) The commissioner by rule may impose a maintenance fee on all cotton grown or on all cotton acres in a maintenance area. (b) The ...
- Texas Agriculture Code Section 74.204 - Rules
The department may adopt rules necessary for the implementation and operation of a maintenance program under this subchapter, including rules limiting the balance of maintenance ...
- Texas Agriculture Code Section 76.001 - Definitions
In this chapter: (1) "Active ingredient" means: (A) in the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient that ...
- Texas Agriculture Code Section 76.002 - Pests
The department shall determine what organisms constitute pests for purposes of this chapter and may include in the list of pests: (1) any insect, snail, ...
- Texas Agriculture Code Section 76.003 - State-Limited-Use Pesticides
(a) After notice and public hearing, the department may adopt lists of state-limited-use pesticides for the entire state or for a designated area within the ...
- Texas Agriculture Code Section 76.004 - Department Rules
(a) Except as provided by Subchapter G, after notice, the department shall conduct at least five regional hearings throughout the state before the adoption of ...
- Texas Agriculture Code Section 76.005 - Notice Of Hearing
(a) Before adopting a rule under this chapter, the department or a regulatory agency shall publish notice of a public hearing in three newspapers of ...
- Texas Agriculture Code Section 76.006 - Pesticide Examination And Testing
(a) The department may contract with a state college or university, state agency, or commercial laboratory for examination of a pesticide. The department shall let ...
- Texas Agriculture Code Section 76.007 - Interagency Cooperation
(a) The department shall be the lead agency for pesticide regulation in Texas. In cooperation with the U.S. Environmental Protection Agency or any federal agency ...
- Texas Agriculture Code Section 76.008 - Exemption
Sections 76.007, 76.104-76.106, 76.108-76.117, 76.151(b), 76.151(c), 76.154(b), 76.155, 76.181, 76.182, 76.184, and 76.201(d)(1) do not apply to a person who is regulated by Chapter 1951, ...
- Texas Agriculture Code Section 76.021 - Labeling Information
(a) Each pesticide distributed in this state shall bear a label containing the following information relating to the pesticide: (1) the label information required by ...
- Texas Agriculture Code Section 76.022 - Conspicuous Lettering
Any word, statement, or information required by this chapter to appear on a label or in labeling of a pesticide or device registered by the ...
- Texas Agriculture Code Section 76.023 - Misbranded Pesticide Or Device
(a) A pesticide or device is misbranded if: (1) it is subject to registration under FIFRA and it does not fully comply with the labeling ...
- Texas Agriculture Code Section 76.041 - Registration Required
(a) Except as provided by Subsection (b), (c), (d), or (e) of this section, before a pesticide is distributed in this state or is delivered ...
- Texas Agriculture Code Section 76.042 - Content Of Registration Application
(a) The application for registration of a pesticide shall include: (1) the name and address of the applicant and the name and address of the ...
- Texas Agriculture Code Section 76.043 - Expiration And Renewal
(a) Registration of a pesticide expires on the second anniversary of the date of its approval or renewal except that the department shall by rule ...
- Texas Agriculture Code Section 76.044 - Fees
(a) The department shall charge a fee, as provided by department rule, for each pesticide to be registered. The fee must be submitted with an ...
- Texas Agriculture Code Section 76.045 - Registration For Special Local Need.
(a) The department may register a pesticide for additional uses and methods of application not covered by federal registration but not inconsistent with federal law, ...
- Texas Agriculture Code Section 76.046 - Denial Or Cancellation Of Registration
(a) If the department has reason to believe that any use of a registered pesticide is in violation of a provision of this chapter or ...
- Texas Agriculture Code Section 76.047 - Experimental Use Permit
(a) The department may issue an experimental use permit if the department determines that the applicant needs the permit in order to accumulate data necessary ...
- Texas Agriculture Code Section 76.071 - License Required
(a) A person may not distribute in this state a restricted-use or state-limited-use pesticide or regulated herbicide without a valid current pesticide dealer license issued ...
- Texas Agriculture Code Section 76.072 - Expiration
A pesticide dealer license expires on the second anniversary of the date of its granting or renewal unless the department by rule adopts a system ...
- Texas Agriculture Code Section 76.073 - Fees
(a) An application for a pesticide dealer license must be accompanied by a registration fee, as fixed by the department. (b) A person who fails ...
- Texas Agriculture Code Section 76.074 - Display Of Dealer License
(a) Each dealer shall prominently display the pesticide dealer license in the dealer's place of business. (b) Failure to display a license as required by ...
- Texas Agriculture Code Section 76.075 - Records
(a) A person required to obtain a dealer's license by Section 76.071 shall record each distribution of a restricted-use or state-limited-use pesticide or regulated herbicide ...
- Texas Agriculture Code Section 76.076 - Denial, Revocation, Modification, Or Suspension Of License
(a) The department may deny an application for a dealer's license if the applicant fails to comply with this chapter. The department may revoke, modify, ...
- Texas Agriculture Code Section 76.077 - Exceptions
(a) This subchapter does not apply to a manufacturer or formulator of a pesticide who does not sell directly to the user. (b) This subchapter ...
- Texas Agriculture Code Section 76.101 - Coordination
(a) The department is the lead agency in the regulation of pesticide use and application and is responsible for coordinating activities of state agencies, except ...
- Texas Agriculture Code Section 76.102 - Agencies Responsible For Licensing Pesticide Applicators
(a) The department shall license pesticide applicators involved in the following license use categories: (1) agricultural pest control, including animal pest control; (2) forest pest ...
- Texas Agriculture Code Section 76.103 - Program Contingent On Federal Funds
(a) The licensing of commercial applicators, noncommercial applicators, and private applicators is contingent on the availability of federal funds to pay part of the costs ...
- Texas Agriculture Code Section 76.104 - Agency Rules For Application Of A Pesticide
(a) The head of each regulatory agency may, after notice and public hearing, adopt rules to carry out the provisions of this subchapter for which ...
- Texas Agriculture Code Section 76.105 - License Required
(a) Except as provided by Section 76.003(e), a person may not purchase or use a restricted-use or state-limited-use pesticide or regulated herbicide unless the person ...
- Texas Agriculture Code Section 76.106 - Classification Of Licenses
(a) The head of each regulatory agency may classify commercial applicator and noncommercial applicator licenses under subcategories of license use categories according to the subject, ...
- Texas Agriculture Code Section 76.107 - Licensing By More Than One Agency
(a) A person who wants to be licensed as a pesticide applicator under license use categories regulated by more than one regulatory agency may do ...
- Texas Agriculture Code Section 76.108 - Commercial Applicator License
(a) A person who operates a business or is an employee of a business that applies state-limited-use or restricted-use pesticides or regulated herbicides to the ...
- Texas Agriculture Code Section 76.109 - Noncommercial Applicator License
(a) A person who is required to be licensed under Section 76.105 of this code but who does not qualify as a commercial applicator or ...
- Texas Agriculture Code Section 76.110 - Commercial And Noncommercial Applicator Examination; Reciprocal Agreements
(a) Each person applying for a license as a commercial applicator or a noncommercial applicator must pass an examination demonstrating that the person: (1) is ...
- Texas Agriculture Code Section 76.111 - Applicator Businesses; Proof Of Financial Responsibility
(a) In this section: (1) "Applicator business" means a person who applies a state-limited-use or restricted-use pesticide or regulated herbicide to the land of another ...
- Texas Agriculture Code Section 76.112 - Private Applicator
(a) A person is a private applicator if the person uses or supervises the use of a restricted-use or state-limited-use pesticide or regulated herbicide for ...
- Texas Agriculture Code Section 76.113 - Expiration And Renewal Of Licenses
(a) Each commercial applicator or noncommercial applicator license expires on the first anniversary of the date on which it was issued or renewed. (b) Each ...
- Texas Agriculture Code Section 76.114 - Records
(a) A regulatory agency shall require each commercial and noncommercial applicator licensee to maintain records of all pesticide applications. The department may require each commercial ...
- Texas Agriculture Code Section 76.115 - Inspection Of Equipment
(a) Each regulatory agency may inspect equipment used in the application of a restricted-use or state-limited-use pesticide. (b) A regulatory agency may require repairs or ...
- Texas Agriculture Code Section 76.116 - Suspension, Modification, Or Revocation Of License
(a) The head of a regulatory agency that licensed or certified an applicator may suspend, modify, or revoke a license or certificate, assess an administrative ...
- Texas Agriculture Code Section 76.117 - Property Owner Use
This chapter does not prohibit a property owner from using in the property owner's house, lawn, or garden a pesticide that is labeled for that ...
- Texas Agriculture Code Section 76.118 - Exemption For Licensed Veterinarians
The other provisions of this chapter notwithstanding, a person who is licensed to practice veterinary medicine by the State Board of Veterinary Medical Examiners and ...
- Texas Agriculture Code Section 76.119 - Disclosure Of Information Relating To Private Pesticide Applicator License Holders
(a) In this section, "predator control device" means a device that incorporates an active ingredient and is used for the control of livestock predators. (b) ...
- Texas Agriculture Code Section 76.131 - Rules
(a) The department may adopt rules governing the storage and disposal of pesticides and pesticide containers for the purpose of: (1) preventing injury from storage ...
- Texas Agriculture Code Section 76.141 - Regulated Herbicides
(a) After a public hearing on the issue, and in accordance with Subsection (b), the department by rule may adopt a list of regulated herbicides ...
- Texas Agriculture Code Section 76.142 - Application Of Regulated Herbicide
(a) If a person applies a regulated herbicide, the person shall act in accordance with each applicable rule adopted by the department, including a rule ...
- Texas Agriculture Code Section 76.143 - Public Hearing
As soon as practicable after receiving a written request for a revision of a rule, an exemption from a requirement of this chapter, or a ...
- Texas Agriculture Code Section 76.144 - County Herbicide Regulations
(a) If the commissioners court of a county determines that a valuable crop or vegetation susceptible to being adversely affected by the application of a ...
- Texas Agriculture Code Section 76.151 - Entry Power
(a) For the purpose of inspection, examination, or sampling, the department is entitled to enter at reasonable hours any building or place owned, controlled, or ...
- Texas Agriculture Code Section 76.152 - Sampling
The department is entitled to take a sample for official analysis from any package or lot of pesticides found within this state. Acts 1981, 67th ...
- Texas Agriculture Code Section 76.153 - Stop Use, Stop Distribution, Or Removal Order
(a) If the department has reason to believe that a pesticide is in violation of any provision of this chapter, the department may issue and ...
- Texas Agriculture Code Section 76.154 - Injunction
(a) The department may sue in the name of the commissioner to enjoin any violation of a provision of this chapter. Venue is in the ...
- Texas Agriculture Code Section 76.155 - Prosecutions
The department may request the appropriate prosecuting attorney to prosecute a violation of a provision of this chapter. Acts 1981, 67th Leg., p. 1203, ch. ...
- Texas Agriculture Code Section 76.1555 - Administrative Penalty
(a) If a person violates a provision of this chapter or a rule or order adopted by the department under this chapter, the department may ...
- Texas Agriculture Code Section 76.156 - Civil Penalty
(a) A person who violates a provision of this chapter administered by a regulatory agency other than the department or a rule adopted by a ...
- Texas Agriculture Code Section 76.181 - Appeal Of Denial Or Cancellation Of Pesticide Registration
A person whose application for registration of a pesticide has been denied or whose registration for a pesticide has been canceled may appeal the action ...
- Texas Agriculture Code Section 76.182 - Appeal Of Permit Or License Denial, Suspension, Modification, Or Revocation
A person whose application for an experimental use permit, pesticide dealer license, commercial applicator license, noncommercial applicator license, or private applicator license has been denied ...
- Texas Agriculture Code Section 76.183 - Appeal Of Stop Use, Stop Distribution, Or Removal Order
(a) The owner or custodian of a pesticide to which a stop use, stop distribution, or removal order is imposed under Section 76.153 may appeal ...
- Texas Agriculture Code Section 76.184 - Reports Of Pesticide Adverse Effects
(a) A person claiming adverse effects from an application of a pesticide may file with the appropriate regulatory agency a complaint report. The complaint report ...
- Texas Agriculture Code Section 76.185 - Damages Resulting From Application Of Pesticide Under Government Program
Notwithstanding other law, the owner or lessee of land on which a pesticide is applied is not responsible for damages resulting from the application of ...
- Texas Agriculture Code Section 76.201 - Offenses
(a) A person commits an offense if the person distributes within this state or delivers for transportation or transports in intrastate commerce or between points ...
- Texas Agriculture Code Section 76.202 - Penalty
(a) Except as provided by Subsection (b) of this section, an offense under Section 76.201 of this code is a Class C misdemeanor, unless the ...
- Texas Agriculture Code Section 76.203 - Defenses
(a) It is a defense to prosecution under this subchapter that the defendant: (1) is a carrier who was lawfully engaged in transporting a pesticide ...
- Texas Agriculture Code Section 77.001 - Commissioners Court May Establish Program
The commissioners court of any county may establish, implement, and conduct a program for the eradication or control of the imported fire ant. Acts 1981, ...
- Texas Agriculture Code Section 77.002 - Coordination With Other Programs
The program established under this chapter may be conducted independently of or in conjunction with any related program conducted and financed by private or other ...
- Texas Agriculture Code Section 77.003 - Cost Of Program
The commissioners court may expend any available county funds to pay for all or its share of the cost of a program established under this ...
- Texas Agriculture Code Section 77.022 - Fire Ant Basic Research Program
(a) The Fire Ant Research and Management Account Advisory Committee established under Section 88.215, Education Code, in the Texas Agricultural Experiment Station shall oversee a ...
- Texas Agriculture Code Section 78.001 - Definitions
In this chapter: (1) "Board" means the board of directors of a district. (2) "District" means a noxious weed control district. Acts 1981, 67th Leg., ...
- Texas Agriculture Code Section 78.002 - Legislative Determination
The legislature has determined that: (1) noxious weeds are present in this state to a degree that poses a threat to agriculture and is deleterious ...
- Texas Agriculture Code Section 78.003 - Noxious Weed
For the purposes of this chapter, a weed or plant is considered to be a noxious weed if declared to be a noxious weed by: ...
- Texas Agriculture Code Section 78.004 - Eligibility To Sign Petition
In order to sign a petition under this chapter, a person must: (1) hold title to land located in the district or proposed district; (2) ...
- Texas Agriculture Code Section 78.005 - Eligibility For Voting
In order to vote in an election under this chapter, a person must: (1) be a qualified voter; (2) reside in the district or in ...
- Texas Agriculture Code Section 78.011 - Petition For Creation Of District
(a) Landowners may petition a commissioners court for the creation of a noxious weed control district authorized under Article XVI, Section 59, of the Texas ...
- Texas Agriculture Code Section 78.012 - Filing Petition
(a) The petition must be filed in the commissioners court of the county in which the largest part of the district is located. (b) The ...
- Texas Agriculture Code Section 78.013 - District Boundaries; Name
(a) A district may include: (1) a political subdivision or a defined district of this state; (2) one or more counties, or a portion of ...
- Texas Agriculture Code Section 78.014 - Hearing Required
After receiving a petition for the creation of a district, the commissioners court shall set a date for a hearing to determine if an election ...
- Texas Agriculture Code Section 78.015 - Notice Of Hearing
(a) Except as provided by Subsection (b) of this section, the county clerk shall give notice of a hearing required by Section 78.014 of this ...
- Texas Agriculture Code Section 78.016 - Hearing
At a hearing required by Section 78.014 of this code, a person whose land is included in or may be affected by the proposed district ...
- Texas Agriculture Code Section 78.017 - Action After Hearing
At the conclusion of a hearing required under Section 78.014 of this code, the commissioners court may: (1) on a determination that the proposed district ...
- Texas Agriculture Code Section 78.018 - Notice Of Election; Election Orders
(a) After granting a petition under Section 78.017 of this code, the commissioners court shall order an election to be held to determine whether a ...
- Texas Agriculture Code Section 78.019 - Election
(a) Except as otherwise provided by this section, the procedure for conducting an election must be in compliance with the election laws of this state. ...
- Texas Agriculture Code Section 78.020 - Returns; Effect Of Election
(a) Immediately after the election, the election officers shall forward the results to the commissioners court. The commissioners court shall canvass the vote and enter ...
- Texas Agriculture Code Section 78.021 - Expense Of Creating District
(a) After the district is created, the county clerk shall: (1) deduct from the fee deposited under Section 78.012 of this code an amount equal ...
- Texas Agriculture Code Section 78.031 - Board Of Directors
(a) The board of directors of a noxious weed control district is composed of five persons, each of whom must: (1) hold title to land ...
- Texas Agriculture Code Section 78.032 - Initial Board Of Directors
(a) The commissioners court that ordered creation of the district shall appoint five eligible persons to serve as the first board of directors of the ...
- Texas Agriculture Code Section 78.033 - Annual Meeting
(a) The chairman of the board shall call an annual meeting of the eligible voters in the district to be held on the fourth Saturday ...
- Texas Agriculture Code Section 78.034 - Compensation Of Directors
A director of the board is entitled to receive: (1) $5 a day for attending a meeting of the board, not to exceed $60 a ...
- Texas Agriculture Code Section 78.035 - Officers
The board shall annually elect a chairman and any officers it considers necessary. The board shall fill a vacancy in the chairmanship of the board ...
- Texas Agriculture Code Section 78.036 - Inspectors And Clerical Employees
(a) The board may employ one or more persons to perform inspections under Section 78.044 of this code. (b) The board may set the compensation ...
- Texas Agriculture Code Section 78.041 - General Enforcement Powers Of Board
The board may: (1) determine which noxious weeds are subject to control and what appropriate methods of control are to be used, including spraying, cutting, ...
- Texas Agriculture Code Section 78.042 - Compliance Required
(a) A person who holds title to or possesses land in the district shall comply with control measures prescribed by the board under this chapter. ...
- Texas Agriculture Code Section 78.043 - Notice Of Control Measures
The chairman of the board shall give written notice to each person who holds title to or possesses land located in the district of: (1) ...
- Texas Agriculture Code Section 78.044 - Inspection; Failure To Comply
(a) A director or an inspector appointed by the board may enter land in the district to determine if: (1) control measures are necessary; or ...
- Texas Agriculture Code Section 78.045 - Equipment Cleaning Procedure
(a) The board may prescribe rules requiring the cleaning of and the disposal of materials cleaned from farm implements and machinery brought into the district ...
- Texas Agriculture Code Section 78.051 - Assessment
(a) The board may impose an annual uniform assessment on land within the district in order to pay the expenses of the district. (b) The ...
- Texas Agriculture Code Section 78.052 - Special Election On Increased Assessment
(a) The commissioners court that ordered creation of an existing district with a maximum uniform assessment rate of less than six cents an acre may ...
- Texas Agriculture Code Section 78.053 - Collection Of Assessment
(a) The board may assess and collect an assessment imposed under this chapter by: (1) appointing an assessor-collector to perform the duties; (2) contracting with ...
- Texas Agriculture Code Section 78.054 - Deposit Of Assessment
The person collecting assessments shall deposit the money collected into a district depository selected by the board. Acts 1981, 67th Leg., p. 1216, ch. 388, ...
- Texas Agriculture Code Section 78.055 - Report To County Clerk
(a) The chairman of the board shall file a report before September 1 of each year with the county clerk of each county in which ...
- Texas Agriculture Code Section 78.056 - Report To Department
(a) Before September 1 of each year, the chairman of the board shall file a report with the department stating the amount of money received ...
- Texas Agriculture Code Section 78.057 - Appropriated Funds
(a) Except as provided by Subsection (b) of this section, if the legislature appropriates funds for the control of noxious weeds, the comptroller shall issue ...
- Texas Agriculture Code Section 78.061 - Petition For Dissolution
(a) The eligible voters residing in a district may petition the board to conduct an election on the dissolution of the district. (b) The petition ...
- Texas Agriculture Code Section 78.062 - Election Order
(a) Before the 90th day after the day on which the board receives a petition for dissolution, the board shall order an election to determine ...
- Texas Agriculture Code Section 78.063 - Dissolution Election
(a) Except as otherwise provided by this section, the procedure for conducting a dissolution election shall be in compliance with the election laws of this ...
- Texas Agriculture Code Section 78.064 - Returns; Effect Of Election
(a) After the election, the board shall: (1) canvass the returns of the election; and (2) enter an order declaring the result of the election. ...
- Texas Agriculture Code Section 78.065 - Dissolution
(a) After a dissolution order has been issued, the board may not exercise any power except to terminate the affairs of the district. (b) If ...
- Texas Agriculture Code Section 78.071 - Annual Review
(a) The Commissioners Court of Crosby County shall establish a regular time once every calendar year to review petitions for excluding land from the district. ...
- Texas Agriculture Code Section 79.001 - Definitions
In this chapter: (1) "Compact" means the Interstate Pest Control Compact. (2) "Executive head" as used in the compact, with reference to this state, means ...
- Texas Agriculture Code Section 79.002 - Filing Of Bylaws
Under Article IV(h) of the compact, copies of the bylaws adopted by the governing board and amendments to the bylaws must be filed with the ...
- Texas Agriculture Code Section 79.003 - Compact Administrator
The commissioner is the compact administrator for this state. Added by Acts 2005, 79th Leg., ch. 188, § 1, eff. Sept. 1, 2005. ...
- Texas Agriculture Code Section 79.004 - Cooperation With Pest Control Insurance Fund
Consistent with other law and using funds appropriated for the purpose, the state may cooperate with the insurance fund established by the compact. Added by ...
- Texas Agriculture Code Section 79.005 - Request For Assistance
The commissioner may request or apply for assistance from the insurance fund established by the compact, as provided by Article VI(b) or VIII(a) of the ...
- Texas Agriculture Code Section 79.006 - Disposition Of Certain Money
A department or agency that expends or becomes liable for an expenditure due to a control or eradication program undertaken or intensified under the compact ...
- Texas Agriculture Code Section 79.007 - Execution Of Interstate Compact
This state enters into a compact with all other states legally joining in the compact in substantially the following form: "INTERSTATE PEST CONTROL COMPACT "ARTICLE ...
- Texas Agriculture Code Section 91.001 - Department To Administer
(a) The department shall administer this chapter and adopt rules necessary for its enforcement. (b) The department may employ an assistant commissioner and other personnel ...
- Texas Agriculture Code Section 91.002 - Compliance With Standards
Grades and packs of fruits and vegetables must meet the standards established by this chapter. Acts 1981, 67th Leg., p. 1221, ch. 388, § 1, ...
- Texas Agriculture Code Section 91.003 - Inspection Service
(a) To carry out a cooperative agreement entered into under Section 91.005 of this code, the department may supervise the operation of a joint state-federal ...
- Texas Agriculture Code Section 91.004 - Certificate Of Inspection
(a) The department shall furnish certificates of inspection or other forms to evidence that an official inspection has been made. The department may issue a ...
- Texas Agriculture Code Section 91.005 - Cooperative Agreements
(a) The department may enter into cooperative agreements with the United States Department of Agriculture, or with any Texas firm, corporation, or association to carry ...
- Texas Agriculture Code Section 91.0051 - Funding Of A Cooperative Inspection
(a) The legislature may not appropriate funds for the operation of an inspection service organized to carry out a cooperative agreement under this chapter. The ...
- Texas Agriculture Code Section 91.006 - Culls
(a) Fruits and vegetables that are too small, ill-shaped, or poor in general quality to meet the standards of this chapter for any other grade ...
- Texas Agriculture Code Section 91.007 - Package Markings
A package of fruits or vegetables for which a grade is established under this chapter that is offered for sale or prepared for shipment shall ...
- Texas Agriculture Code Section 91.008 - Penalty
(a) A person commits an offense if, as a grower, shipper's agent, packer, or representative of a transportation company, the person: (1) refuses to allow ...
- Texas Agriculture Code Section 91.021 - Compliance With Standards
Containers used for the shipment of fruits or vegetables must meet the minimum standards established by this subchapter. Acts 1981, 67th Leg., p. 1222, ch. ...
- Texas Agriculture Code Section 91.022 - Bushel Basket
A bushel basket must contain at least 2,150.4 cubic inches in the basket proper, regardless of the construction of the lid. Acts 1981, 67th Leg., ...
- Texas Agriculture Code Section 91.023 - Four-Basket Crate
(a) Each basket in a four-basket crate must be 5 by 8 inches at the bottom, 6 by 10 inches at the top, and 4 ...
- Texas Agriculture Code Section 91.024 - Six-Basket Crate
Each basket in a six-basket crate must contain at least 268.8 cubic inches. Acts 1981, 67th Leg., p. 1222, ch. 388, § 1, eff. Sept. ...
- Texas Agriculture Code Section 91.025 - Folding Onion Crate
A folding onion crate must be at least 19-5/8 inches long, 11-3/16 inches wide, and 9-3/16 inches deep, as measured on the inside, and must ...
- Texas Agriculture Code Section 91.026 - Berry Box Or Crate
(a) A quart berry box or crate must hold at least 24 quart baskets, each of which must contain at least 67.2 cubic inches dry ...
- Texas Agriculture Code Section 91.041 - Grades
The standard peach grades are fancy, choice or No. 1, and No. 2. Acts 1981, 67th Leg., p. 1223, ch. 388, § 1, eff. Sept. ...
- Texas Agriculture Code Section 91.042 - Fancy Grade
(a) Fancy peaches: (1) are medium to large in size; (2) have good color for the variety; and (3) are firm and sound, or are ...
- Texas Agriculture Code Section 91.043 - Choice Or No. 1 Grade
(a) Choice or No. 1 Grade peaches are: (1) average in size and color for the variety; (2) sound and firm, or properly mature for ...
- Texas Agriculture Code Section 91.044 - No. 2 Grade
Number 2 Grade peaches are all peaches that are not good enough for No. 1 Grade but are sound, suitable for market, and appropriate for ...
- Texas Agriculture Code Section 91.045 - Peach Packs
(a) The standard peach packs for a six-basket crate are: (1) 72's, which are packed by placing 1 and 2 alternately in 4 rows, 2 ...
- Texas Agriculture Code Section 91.061 - Grading Characteristics
(a) A bright onion has the attractive pearly luster normal for Bermuda onions. (b) The diameter of an onion is the greatest dimension at a ...
- Texas Agriculture Code Section 91.062 - Grade No. 1
Grade No. 1 Bermuda onions are: (1) sound, mature, bright, well shaped, and of one variety; (2) free from doubles, splits, bottle necks, and seed ...
- Texas Agriculture Code Section 91.063 - Grade No. 1, Large
If more than 10 percent by weight of the onions in any lot of Grade No. 1 onions have a diameter of at least 3-1/2 ...
- Texas Agriculture Code Section 91.064 - Boiler Grade
Boiler grade onions are onions that meet other Grade No. 1 requirements, but are at least one and not more than two inches in diameter. ...
- Texas Agriculture Code Section 91.065 - Grade No. 2
Grade No. 2 onions are: (1) sound and of one variety; (2) free from doubles, splits, bottle necks, and seed stems; (3) practically free from ...
- Texas Agriculture Code Section 91.066 - Grade No. 2, Large
If more than 10 percent by weight of the onions in any lot of Grade No. 2 onions have a diameter of at least 3-1/2 ...
- Texas Agriculture Code Section 91.067 - Grade No. 3
Grade No. 3 onions do not meet the requirements of a higher grade but are: (1) sound; (2) free from doubles, splits, bottle necks, and ...
- Texas Agriculture Code Section 91.068 - Permissible Variations
(a) In order to allow for variations incident to commercial grading and handling, any lot of onions may, as limited by this section, contain onions ...
- Texas Agriculture Code Section 91.081 - Grade No. 1
Grade No. 1 cabbage is: (1) sound, green in color, reasonably hard, and trimmed such that three or fewer outside leaves are left on a ...
- Texas Agriculture Code Section 91.082 - Grade No. 2
Grade No. 2 cabbage is sound cabbage that does not meet the requirements of Grade No. 1. Acts 1981, 67th Leg., p. 1225, ch. 388, ...
- Texas Agriculture Code Section 91.083 - Permissible Variations
(a) In order to allow for variations incident to commercial grading and handling, any lot of cabbage may, as limited by this section, contain cabbage ...
- Texas Agriculture Code Section 91.091 - Grading Characteristics
A snap bean pod is overripe if: (1) it does not snap when broken; (2) it lacks abundant juice; and (3) the beans in the ...
- Texas Agriculture Code Section 91.092 - Grade No. 1
Grade No. 1 snap beans are: (1) sound, bright, clean, and of one variety and color; (2) free from leaves, stems, spots, insect damage, disease, ...
- Texas Agriculture Code Section 91.093 - Grade No. 2
Grade No. 2 snap beans are snap beans that do not meet the requirements for Grade No. 1. Acts 1981, 67th Leg., p. 1226, ch. ...
- Texas Agriculture Code Section 91.094 - Permissible Variation
In order to allow for variations incident to commercial grading and handling, not more than three percent by weight of a lot of Grade No. ...
- Texas Agriculture Code Section 91.095 - Snap Bean Packs
Snap beans shall be packed in a hamper weighing at least 17 pounds net weight per one-half bushel when packed, or at least 34 pounds ...
- Texas Agriculture Code Section 91.111 - Extra Fancy Grade
Extra fancy pears: (1) are sound, clean, and bright; (2) have natural color and shape; and (3) are free from worms, specks, blemishes, bruises, and ...
- Texas Agriculture Code Section 91.112 - Fancy Grade
Fancy pears have the same qualities as extra fancy pears, except not more than 10 percent of a lot of fancy pears may have slight ...
- Texas Agriculture Code Section 91.113 - Choice Grade
Choice pears have the same qualities as fancy pears, except not more than 10 percent of a lot of choice pears may be misshapen or ...
- Texas Agriculture Code Section 91.114 - Packages And Markings
Pears shall be tightly packed in clean standard boxes that are marked on one end with the grade and number of pears contained in the ...
- Texas Agriculture Code Section 91.115 - Pear Packs
The standard pear packs are: (1) four-tier, which is packed in four layers and contains a minimum of 120 pears per box; (2) five-tier, which ...
- Texas Agriculture Code Section 91.121 - Grading Characteristics
(a) A potato is practically free from a named injury to the appearance if the injury is not readily apparent on casual examination and if ...
- Texas Agriculture Code Section 91.122 - Grade No. 1
Grade No. 1 potatoes: (1) are sound; (2) are practically free from dirt or foreign matter, frost injury, sunburn, second growth, cuts, mechanical damage, or ...
- Texas Agriculture Code Section 91.123 - Grade No. 2
Grade No. 2 potatoes: (1) are practically free from frost injury and decay; (2) are free from serious damage caused by dirt or other foreign ...
- Texas Agriculture Code Section 91.124 - Permissible Variations
(a) In order to allow for variations incident to commercial grading and handling, any lot of potatoes may, as limited by this section, contain potatoes ...
- Texas Agriculture Code Section 91.125 - Container Markings
Potato containers shall be marked with the name and post office address of the grower or shipper. Acts 1981, 67th Leg., p. 1228, ch. 388, ...
- Texas Agriculture Code Section 91.141 - Availability Of Department Services
(a) A grower of sweet potatoes in this state may dispose of the grower's own crop without complying with or being subject to the provisions ...
- Texas Agriculture Code Section 91.142 - Rules
The department shall adopt rules that relate to the standards and procedures used to grade, classify, pack, and inspect sweet potatoes and that relate to ...
- Texas Agriculture Code Section 91.143 - Inspection Fees
(a) A person requesting inspection shall pay a fee for the inspection in an amount set by rule of the department. (b) The department shall ...
- Texas Agriculture Code Section 92.001 - Policy
It is in the interest of the public welfare of this state to provide growers, shippers, carriers, receivers, and consumers with evidence of the quality, ...
- Texas Agriculture Code Section 92.002 - Definitions
In this chapter: (1) "Commercial quantity" means more than 500 pounds. (2) "Cooperative agreement" means the agreement concerning shipping point inspection service having an October ...
- Texas Agriculture Code Section 92.003 - Seasonal Application
This chapter is effective after March 31 and before July 16 each year. Acts 1981, 67th Leg., p. 1230, ch. 388, § 1, eff. Sept. ...
- Texas Agriculture Code Section 92.004 - Exceptions
(a) This chapter does not apply to: (1) a sale or delivery of unpacked and unmarked tomatoes by the grower to another person for packing ...
- Texas Agriculture Code Section 92.005 - Department To Administer
The department shall direct the inspection and certification of tomato grades, sizes, packs, markings, and container designations and may: (1) adopt tomato container standards and ...
- Texas Agriculture Code Section 92.006 - Notice
All notices provided for by this chapter shall be in writing unless this chapter specifically provides otherwise. Acts 1981, 67th Leg., p. 1230, ch. 388, ...
- Texas Agriculture Code Section 92.011 - Inspection
(a) In accordance with this subchapter, the department shall inspect tomatoes that a person intends to pack for transportation in commercial quantities. (b) In the ...
- Texas Agriculture Code Section 92.012 - Notice
A person who intends to pack tomatoes for transportation shall give timely written or oral notice to the department: (1) of the time and place ...
- Texas Agriculture Code Section 92.013 - Certificate Of Inspection
After completing a tomato inspection, the department shall give the dealer a certificate of inspection that complies with the requirements of the cooperative agreement. Acts ...
- Texas Agriculture Code Section 92.021 - Standard Containers
Containers used to transport tomatoes shall meet the minimum standards established for fruits and vegetables by Subchapter B, Chapter 91, of this code or the ...
- Texas Agriculture Code Section 92.022 - Fancy And Choice Grades
Fancy and choice tomatoes are: (1) sound; (2) free from undesirable scars, cat faces, and insect or other damage; and (3) packed according to standards ...
- Texas Agriculture Code Section 92.023 - Fancy Tomato Packs
(a) The standard packs for a six-basket crate of fancy tomatoes are: (1) 72's, which are packed by placing 2 and 2 alternately in 3 ...
- Texas Agriculture Code Section 92.024 - Choice Tomato Packs
(a) The standard packs for a six-basket crate of choice tomatoes are: (1) 120's which are packed by placing 2 and 2 alternately in 4 ...
- Texas Agriculture Code Section 92.025 - Uniformity Within A Pack
As nearly as possible, tomatoes in a crate or package shall be uniformly ripe. Acts 1981, 67th Leg., p. 1232, ch. 388, § 1, eff. ...
- Texas Agriculture Code Section 92.026 - Deceptive Container Designations
A person may not pack or ship tomatoes in a container or subcontainer that is imprinted or inscribed with a designation of grade, standard, count, ...
- Texas Agriculture Code Section 92.031 - Execution Of Agreements
The department may enter into cooperative agreements with the United States Department of Agriculture, or with any Texas firm, corporation, or association that is organized ...
- Texas Agriculture Code Section 92.032 - Licenses
Department inspectors and a firm, corporation, or association that has executed a cooperative agreement shall obtain a license from the department. Acts 1981, 67th Leg., ...
- Texas Agriculture Code Section 92.033 - Contributions
(a) The legislature may not appropriate funds for the enforcement of this chapter. (b) The department shall set contributions under this chapter in amounts that ...
- Texas Agriculture Code Section 92.034 - Payment Of Contributions
(a) A packer or dealer shall pay the contribution under this subchapter to the inspector who inspects or grades the tomatoes. (b) An inspector who ...
- Texas Agriculture Code Section 92.035 - Audit
(a) The accounts and records of the chief inspector of the department are subject to audit by the state auditor in accordance with Chapter 321, ...
- Texas Agriculture Code Section 92.041 - Offenses
A person commits an offense if the person: (1) knowingly or intentionally interferes with an employee of the department in the performance of a duty ...
- Texas Agriculture Code Section 92.042 - Penalty
An offense under Section 92.041 of this subchapter is a Class C misdemeanor. Acts 1981, 67th Leg., p. 1234, ch. 388, § 1, eff. Sept. ...
- Texas Agriculture Code Section 93.001 - Policy
It is in the interest of the public welfare of this state to provide growers, shippers, carriers, receivers, and consumers with evidence of the quality ...
- Texas Agriculture Code Section 93.002 - Application
This chapter applies only in the citrus zone established under Section 73.003 of this code. Acts 1981, 67th Leg., p. 1236, ch. 388, § 1, ...
- Texas Agriculture Code Section 93.003 - Exceptions
(a) This chapter does not prevent: (1) a grower of citrus fruit from disposing of the grower's own crop without complying with this chapter; (2) ...
- Texas Agriculture Code Section 93.004 - Department To Administer
The department: (1) shall direct the inspection, grading, and classification of grapefruit and oranges; (2) shall adopt and enforce rules relating to grading, packing, and ...
- Texas Agriculture Code Section 93.005 - Registered Brands And Trademarks
(a) Brands and trademarks and their United States grade definition shall, if eligible, be registered with the department. (b) To be eligible for registration, a ...
- Texas Agriculture Code Section 93.011 - Inspection
(a) An authorized inspector shall inspect citrus fruit. (b) A person who is subject to this chapter shall either notify the department of the time ...
- Texas Agriculture Code Section 93.012 - Certificate Of Inspection
(a) After completing a citrus fruit inspection the inspector shall issue to the shipper a certificate of inspection that designates the grade of the citrus ...
- Texas Agriculture Code Section 93.013 - Rights Of A Shipper Regarding Nonconforming Citrus Fruit
In a written instrument that is delivered to a consignor of citrus fruit, a shipper or carrier may reserve the right to reject and return ...
- Texas Agriculture Code Section 93.021 - Container Standards
(a) Citrus fruit shall be packed in closed containers that are approved by the department. (b) The standard orange box is 12 by 12 by ...
- Texas Agriculture Code Section 93.022 - Fancy Bright Grade
Fancy bright oranges, satsumas, tangerines, and grapefruit are: (1) bright in color; (2) shapely in form; (3) practically free from skin defects and blemishes; (4) ...
- Texas Agriculture Code Section 93.023 - Bright Grade
Bright oranges, satsumas, tangerines, and grapefruit are: (1) fairly bright in color; (2) less fine and smooth in texture, and have a thicker skin, than ...
- Texas Agriculture Code Section 93.024 - Fancy Russet Grade
Fancy russet oranges, satsumas, tangerines, and grapefruit have the same general qualities as fancy bright grade citrus fruit except fancy russets have coloration that is ...
- Texas Agriculture Code Section 93.025 - Russet Grade
Russet oranges, satsumas, tangerines, and grapefruit have the same general qualities as bright grade citrus fruit except russets have coloration that is rusty brown. Acts ...
- Texas Agriculture Code Section 93.026 - Orange Packs
The standard orange packs are: (1) 96's, which are packed by placing 3 and 3 alternately in 4 rows, 4 layers high, 12 to the ...
- Texas Agriculture Code Section 93.027 - Satsuma And Tangerine Packs
The standard satsuma and tangerine packs are: (1) 90's, which are packed by placing 3 and 3 alternately in 5 rows, 3 layers high, 15 ...
- Texas Agriculture Code Section 93.028 - Grapefruit Packs
The standard grapefruit packs are: (1) 28's, which are packed by placing 2 and 1 alternately in 3 rows, 3 layers high, 5 and 4 ...
- Texas Agriculture Code Section 93.029 - Packing Standards
(a) Packed citrus fruit shall be uniform in size. (b) Oranges, satsumas, and tangerines shall be packed "stem-in, twist" with the blossom end down in ...
- Texas Agriculture Code Section 93.030 - Labeling
(a) Citrus fruit that is packed or offered for shipment under this chapter shall be marked with its official grade or labeled or stamped with ...
- Texas Agriculture Code Section 93.031 - Imported Citrus Fruit
Citrus fruit shipped into this state from any other state or territory shall comply with the grading, packing, and marking requirements of this chapter. Acts ...
- Texas Agriculture Code Section 93.032 - Permissible Variations
The standards established under this subchapter may be varied to the extent that: (1) there may be a 10 percent difference in size between the ...
- Texas Agriculture Code Section 93.041 - Execution Of Agreements
The department may enter into cooperative agreements with the United States Department of Agriculture or with any Texas firm, corporation, or association that is organized ...
- Texas Agriculture Code Section 93.042 - Licenses
Inspectors and a firm, corporation, or association that has executed a cooperative agreement shall obtain a license from the department. Acts 1981, 67th Leg., p. ...
- Texas Agriculture Code Section 93.043 - Standards
In accordance with the terms of a cooperative agreement, the department shall adopt United States standards to be used when grapefruit and oranges are inspected ...
- Texas Agriculture Code Section 93.044 - Contributions
(a) The legislature may not appropriate funds for the enforcement of this chapter. (b) The department shall set contributions under this subchapter in amounts that ...
- Texas Agriculture Code Section 93.051 - Requirement To Weigh; Public Weigher
Citrus fruit that is purchased by weight prior to packing shall be weighed at the expense of the buyer by a public weigher. Acts 1981, ...
- Texas Agriculture Code Section 93.052 - Certificate Of Weight
(a) A public weigher shall issue a certificate of weight to a buyer or shipper of citrus fruit that is required to be weighed under ...
- Texas Agriculture Code Section 93.053 - Fees
A public weigher is entitled to receive a fee in the following amount as full payment for issuance of a weight certificate: (1) 10 cents ...
- Texas Agriculture Code Section 93.061 - Offenses
A person commits an offense if the person: (1) accepts for shipment or ships citrus fruit that is not accompanied by a valid certificate of ...
- Texas Agriculture Code Section 93.062 - Penalty
An offense under Section 93.061 of this code is a Class B misdemeanor. Acts 1981, 67th Leg., p. 1241, ch. 388, § 1, eff. Sept. ...
- Texas Agriculture Code Section 94.001 - Definitions
In this chapter: (1) "Distributing house" means a place that receives or ships, or a truck or railroad car that carries, citrus fruit that has ...
- Texas Agriculture Code Section 94.002 - Exceptions
Except to the extent specifically provided by this chapter, this chapter does not apply to: (1) citrus fruit other than citrus grandis, osbeck, commonly known ...
- Texas Agriculture Code Section 94.003 - Department To Administer
(a) The department shall direct and supervise the inspection and certification of maturity of citrus fruit under this chapter. The department shall adopt rules that ...
- Texas Agriculture Code Section 94.005 - Staff And Expenses
(a) The department may employ a chief of the maturity division. (b) The department may employ a staff that is adequate to enforce this chapter ...
- Texas Agriculture Code Section 94.011 - Registration
(a) Each year, the owner, manager, or operator of a packing house that is in operation during the fruit shipping season shall register the packing ...
- Texas Agriculture Code Section 94.012 - Notice Of Operation
After October 14 and before December 17 of each year, the owner, manager, or operator of a packing house shall notify the department in writing ...
- Texas Agriculture Code Section 94.021 - Grapefruit
Grapefruit that meet the maturity standards for grapefruit established by rule of the department are mature. Acts 1981, 67th Leg., p. 1243, ch. 388, § ...
- Texas Agriculture Code Section 94.022 - Oranges
Oranges that meet the maturity standards for oranges established by rule of the department are mature. Acts 1981, 67th Leg., p. 1244, ch. 388, § ...
- Texas Agriculture Code Section 94.025 - Unfit Citrus Fruit
(a) Citrus fruit that is immature, unripe, overripe, frozen, frost damaged, or otherwise unfit for consumption may not be sold or offered for sale. (b) ...
- Texas Agriculture Code Section 94.031 - Inspection
(a) Grapefruit may not be transported, or prepared, received, or delivered for transportation or market, after July 31 and before December 2 each year unless ...
- Texas Agriculture Code Section 94.032 - Maturity Stamps
(a) If the requirements of this chapter are met and the department receives the fee required under this subchapter, the department shall issue maturity stamps ...
- Texas Agriculture Code Section 94.033 - Inspection Sites
Citrus fruit shall be inspected and certificates of inspection and maturity issued only at a grove, registered packing house, or distributing house. Acts 1981, 67th ...
- Texas Agriculture Code Section 94.034 - Inspection At A Grove
(a) A person may request and is entitled to receive a citrus fruit inspection by the department at a grove. (b) An inspector shall test ...
- Texas Agriculture Code Section 94.035 - Inspection Fees
(a) A person who sells or ships grapefruit after July 31 and before December 2 of a year, or early or midseason oranges after July ...
- Texas Agriculture Code Section 94.036 - Denial Of Certificate
A department inspector may not issue a certificate of inspection and maturity to a packing house that has not complied with Section 94.011, 94.012, or ...
- Texas Agriculture Code Section 94.037 - Imported Citrus Fruit
The department may test citrus fruit brought into this state from any outside area for marketing or sale if there is reason to believe that ...
- Texas Agriculture Code Section 94.038 - Inspection For Substitution And Condemnation Of Unfit Citrus Fruit
(a) The department may conduct tests of citrus fruit at any location where citrus fruit is offered for sale or for shipment if there is ...
- Texas Agriculture Code Section 94.051 - Offenses
A person commits an offense if the person: (1) as a department inspector, falsifies a certificate of inspection and maturity or fails to collect the ...
- Texas Agriculture Code Section 94.052 - Penalty
An offense under Section 94.051 of this code is a Class B misdemeanor. Acts 1981, 67th Leg., p. 1246, ch. 388, § 1, eff. Sept. ...
- Texas Agriculture Code Section 95.001 - Definition
In this chapter, "coloring matter" means a dye, a liquid, a concentrate, a material containing a dye, or a combination of materials that react to ...
- Texas Agriculture Code Section 95.002 - Application
(a) This chapter does not apply to a process or treatment that merely brings out or accelerates the natural color of citrus fruit. (b) This ...
- Texas Agriculture Code Section 95.003 - Department To Administer
(a) The department shall administer this chapter and adopt rules necessary for its enforcement, including rules to assure that citrus fruit that has been treated ...
- Texas Agriculture Code Section 95.011 - Certification Of Safety
(a) Except as provided by this section, a person may not use a dye or color in the manufacture of coloring matter unless it has ...
- Texas Agriculture Code Section 95.012 - License Required
A person may not manufacture, use, or offer for use or sale a coloring matter for citrus fruit until the coloring matter is approved and ...
- Texas Agriculture Code Section 95.013 - Analysis By Department
(a) A person shall give the formula and a sample of a coloring matter, together with the formula of a noncertified dye used in the ...
- Texas Agriculture Code Section 95.014 - Bond
(a) A person who obtains a license under Section 95.012 of this code may not exercise the license until the person executes a bond in ...
- Texas Agriculture Code Section 95.015 - Notice Of Use
A person shall notify the department before using or permitting the use of coloring matter on citrus fruit. If forms for that purpose are prescribed ...
- Texas Agriculture Code Section 95.016 - Standards For Use Of Coloring Matter
A person may not apply coloring matter to citrus fruits unless the citrus fruit meets the applicable maturity standards established by rule by the department ...
- Texas Agriculture Code Section 95.017 - Labeling
(a) Citrus fruit that is treated with coloring matter shall be marked "Color Added" in letters that are at least three-sixteenths of an inch high. ...
- Texas Agriculture Code Section 95.018 - Variation From Licensed Coloring Matter
A licensee or other person may not manufacture or use coloring matter that contains an ingredient that is prohibited under this chapter or that varies ...
- Texas Agriculture Code Section 95.031 - Periodic Inspection
(a) The department shall periodically: (1) inspect citrus fruit that has been or is to be treated with coloring matter; and (2) sample coloring matter ...
- Texas Agriculture Code Section 95.032 - Certificate Of Inspection
(a) After completing a citrus fruit inspection, the inspector shall issue a certificate of inspection for all citrus fruit that meets the requirements of this ...
- Texas Agriculture Code Section 95.033 - Noncomplying Citrus Fruit
(a) Citrus fruit that does not pass inspection prior to coloring shall be packed or otherwise disposed of, in the presence of an inspector, without ...
- Texas Agriculture Code Section 95.034 - Inspection Fees
The department shall collect a fee, as provided by department rule, from each person who applies coloring matter to citrus fruit. Acts 1981, 67th Leg., ...
- Texas Agriculture Code Section 95.035 - Condemnation Of Unfit Citrus Fruit
(a) Citrus fruit that has been treated with coloring matter but that on inspection fails to comply with this chapter or a rule of the ...
- Texas Agriculture Code Section 95.041 - Offenses
A person commits an offense if the person: (1) without complying with this chapter, delivers or receives for transportation, transports, or sells citrus fruit that ...
- Texas Agriculture Code Section 95.042 - Penalty
An offense under Section 95.041 of this code is a Class B misdemeanor. Acts 1981, 67th Leg., p. 1251, ch. 388, § 1, eff. Sept. ...
- Texas Agriculture Code Section 101.001 - Definitions
In this chapter: (1) "Handle" means buy for resale, sell, offer to sell, process, broker, or ship for the purpose of selling. (2) "Packer" means ...
- Texas Agriculture Code Section 101.002 - Perishable Commodities
(a) This chapter applies to perishable commodities, whether or not packed in ice or held in cold storage, and does not apply to perishable commodities ...
- Texas Agriculture Code Section 101.003 - License Required
(a) Except as otherwise provided by this section, a person may not handle perishable commodities, as owner, agent, or otherwise, without a license or an ...
- Texas Agriculture Code Section 101.004 - License Or Registration Categories
(a) A person shall apply for a license if the person: (1) purchases perishable commodities on credit; (2) takes possession of perishable commodities for consignment ...
- Texas Agriculture Code Section 101.005 - Application For License
(a) A person required under Section 101.003 of this code to be licensed or registered shall apply to the department on a form furnished by ...
- Texas Agriculture Code Section 101.006 - License Fee
(a) Except as otherwise provided by this section, a person applying for a license shall include with the license application a refundable license fee, as ...
- Texas Agriculture Code Section 101.007 - Issuance Or Refusal Of License
(a) Except as otherwise provided by this section, the department shall issue a license to an applicant who: (1) tenders an application; (2) pays the ...
- Texas Agriculture Code Section 101.008 - Term And Renewal Of License
(a) A license expires one year from the date of issuance. (b) A license may be renewed by completion of a renewal application form and ...
- Texas Agriculture Code Section 101.009 - Licensee List
The department may publish as often as it considers necessary a list in pamphlet form of all persons licensed under this chapter. Acts 1981, 67th ...
- Texas Agriculture Code Section 101.010 - Transporting Agent Or Buying Agent Identification Card
(a) In accordance with the rules of the department, a license holder may apply to the department for a reasonable number of identification cards for: ...
- Texas Agriculture Code Section 101.011 - License Or Identification Card Not Assignable
A license or identification card is not assignable. Acts 1981, 67th Leg., p. 1255, ch. 388, § 1, eff. Sept. 1, 1981. Amended by Acts ...
- Texas Agriculture Code Section 101.012 - Revocation, Modification, Or Suspension Of License Or Identification Card
(a) The department shall revoke, modify, or suspend a license or identification card, assess an administrative penalty, place on probation a person whose license or ...
- Texas Agriculture Code Section 101.013 - Payment Of Purchase Price On Demand
(a) If a licensee causes a producer, seller, or owner, or an agent of a producer, seller, or owner, to part with control or possession ...
- Texas Agriculture Code Section 101.014 - Commission Or Service Charge In Contract
If a licensee handles perishable commodities by guaranteeing a producer or owner a minimum price and handles the perishable commodities on the account of the ...
- Texas Agriculture Code Section 101.015 - Settlement On Grade And Quality
(a) Except as otherwise provided by this section, a licensee shall settle with the producer or seller of perishable commodities on the basis of the ...
- Texas Agriculture Code Section 101.0151 - Buying Or Selling By Weight
A licensee who buys or sells perishable commodities by weight shall weigh or have the perishable commodities weighed on scales that meet state requirements. Added ...
- Texas Agriculture Code Section 101.016 - Records Of Purchase
(a) A licensee or a packer, processor, or warehouseman may not receive or handle perishable commodities without requiring the person from whom the perishable commodities ...
- Texas Agriculture Code Section 101.017 - Record Of Sale
(a) Except for a retailer, a licensee shall maintain for each sale a complete and accurate record showing: (1) the date of sale of the ...
- Texas Agriculture Code Section 101.018 - Department Enforcement
(a) For the purpose of enforcing this chapter, the department shall, on its own initiative or on receipt of a verified complaint, investigate all alleged ...
- Texas Agriculture Code Section 101.0185 - Civil Penalty; Injunction
(a) A person who violates this chapter or a rule adopted under this chapter is liable to the state for a civil penalty not to ...
- Texas Agriculture Code Section 101.019 - Venue Of Civil Or Criminal Action
The venue of a civil action or criminal prosecution instituted under this chapter is in the county in which the violation occurred, is occurring, or ...
- Texas Agriculture Code Section 101.020 - Penalties
(a) A person commits an offense if the person: (1) acts in violation of Section 101.003 by not obtaining a license or registration or after ...
- Texas Agriculture Code Section 101.021 - Conflict With Antitrust Laws
This chapter does not affect the application of Chapter 15, Business & Commerce Code. If any provision of this chapter is held to conflict with ...
- Texas Agriculture Code Section 102.101 - Identification Signs
(a) A motor vehicle, including a truck or tractor, that hauls citrus fruit in bulk or in open containers for commercial purposes on the highways ...
- Texas Agriculture Code Section 102.102 - Certificate
A person who operates a motor vehicle, including a truck or tractor, or a motor vehicle and a trailer for hauling citrus fruit in bulk ...
- Texas Agriculture Code Section 102.103 - Exception
This subchapter does not apply to citrus fruit being hauled from the farm or grove to market or the place of first processing by the ...
- Texas Agriculture Code Section 102.104 - Penalty
(a) A person commits an offense if the person: (1) operates a motor vehicle or a motor vehicle and trailer not identified in accordance with ...
- Texas Agriculture Code Section 102.1045 - Civil Penalty; Injunction
(a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty not to ...
- Texas Agriculture Code Section 102.151 - Policy
The unreasonable waste and inefficient use of the citrus resources, caused by the marketing within this state of greater quantities of fresh citrus fruit than ...
- Texas Agriculture Code Section 102.152 - Definitions
In this subchapter: (1) "Citrus fruit" means grapefruit, oranges, and tangerines. (2) "Handler" means a person who packs or ships citrus fruit or causes citrus ...
- Texas Agriculture Code Section 102.153 - Limited Application Of Subchapter
This subchapter applies only to areas of three citrus fruit producing counties whose boundaries are contiguous and whose aggregate population according to the last preceding ...
- Texas Agriculture Code Section 102.154 - Marketing Agreements And Licenses
In accordance with this subchapter, the department may execute marketing agreements and issue licenses to persons engaged in intrastate commerce transactions in the marketing, processing, ...
- Texas Agriculture Code Section 102.155 - Hearing
(a) On its own motion or on application of a producer or handler of citrus fruit, the department may conduct a hearing on the execution ...
- Texas Agriculture Code Section 102.156 - Findings
(a) Following a hearing, the department may execute a marketing agreement or issue a license only if it finds that: (1) the supply of a ...
- Texas Agriculture Code Section 102.157 - Terms Of Agreement Or License
(a) Any marketing agreement executed or license issued may: (1) limit or provide a method for limiting the total quantity of any grade, variety, size, ...
- Texas Agriculture Code Section 102.158 - Administrative Committee
(a) A marketing agreement or license may authorize the department to select and define the powers and duties of one or more administrative committees to ...
- Texas Agriculture Code Section 102.159 - Assessment
(a) If an administrative committee is authorized to collect an assessment, for each marketing season or year in which the marketing agreement or license is ...
- Texas Agriculture Code Section 102.160 - Approval By Producers And Handlers
(a) A license may not be issued until: (1) assented to in writing by: (A) 51 percent of the total number of handlers of the ...
- Texas Agriculture Code Section 102.161 - Uniform Licenses
If a license is issued under this subchapter, the department shall issue an identical license to each handler, processor, or distributor of the same class. ...
- Texas Agriculture Code Section 102.162 - Fees
Each person applying for a marketing agreement or license shall submit to the department a filing fee, as provided by department rule, and a deposit ...
- Texas Agriculture Code Section 102.163 - Amendment Of Marketing Agreement Or License
(a) If the department has reason to believe that an amendment of a marketing agreement or license is necessary or desirable to achieve the policy ...
- Texas Agriculture Code Section 102.164 - Suspension Or Termination Of Marketing Agreement Or License
(a) The department shall suspend for a specified period or terminate the operation of a marketing agreement, a license, or a provision of a marketing ...
- Texas Agriculture Code Section 102.165 - Suspension Or Revocation Of Individual License
After notice and opportunity for a hearing, the department may suspend or revoke the license of any person who violates a provision of the license. ...
- Texas Agriculture Code Section 102.166 - Records
(a) Each person subject to a marketing agreement or license shall: (1) maintain records reflecting the person's operation under the agreement or license; (2) permit ...
- Texas Agriculture Code Section 102.167 - Powers And Duties Of The Department
(a) The department may adopt rules and issue orders as necessary or desirable to carry out this subchapter. (b) The department may hold hearings, take ...
- Texas Agriculture Code Section 102.168 - Enforcement By Civil Suit
(a) The state or, with the approval of the department, an administrative committee may sue a person who: (1) wilfully exceeds any quota, allotment, or ...
- Texas Agriculture Code Section 102.169 - Injunction
The attorney general or a district or county attorney on the attorney's own initiative may, or in response to a complaint shall, investigate violations of ...
- Texas Agriculture Code Section 102.170 - Attorney's Fees; Venue; Cumulative Remedies
(a) In an action brought under Section 102.168 or 102.169 of this code, the judgment, if in favor of the plaintiff, shall provide that the ...
- Texas Agriculture Code Section 102.171 - Penalty
(a) A person commits an offense if the person: (1) violates a provision of a marketing agreement or license to which the person is subject; ...
- Texas Agriculture Code Section 102.172 - Conflict With Antitrust Law
If any provision of this subchapter conflicts with a provision of the civil or criminal antitrust law of this state, the antitrust law prevails. Acts ...
- Texas Agriculture Code Section 103.001 - Definitions
In this chapter: (1) "Board" means the Produce Recovery Fund Board. (2) "Fund" means the produce recovery fund. Acts 1981, 67th Leg., p. 1274, ch. ...
- Texas Agriculture Code Section 103.002 - Fund
(a) The produce recovery fund is a special trust fund with the comptroller administered by the department, without appropriation, for the payment of claims against ...
- Texas Agriculture Code Section 103.003 - Board
(a) The Produce Recovery Fund Board is composed of five members appointed by the governor with the advice and consent of the senate. Two members ...
- Texas Agriculture Code Section 103.004 - Duties Of The Board
(a) The board shall: (1) advise the department on all matters relating to the fund, including the fund's budget and the revenues necessary to accomplish ...
- Texas Agriculture Code Section 103.005 - Initiation Of Claim
(a) A person who deals with a license holder under Chapter 101 in the purchasing, handling, selling, and accounting for sales of perishable commodities and ...
- Texas Agriculture Code Section 103.0055 - Bankruptcy Of Merchant Or Retailer
For purposes of this chapter, the amount due an aggrieved party by a license holder is not affected by a final judgment of a bankruptcy ...
- Texas Agriculture Code Section 103.006 - Investigation; Hearing On Claim
(a) After a claim is initiated, the department shall investigate the complaint and determine the amount due the aggrieved party. If the amount determined by ...
- Texas Agriculture Code Section 103.007 - Payment Of Claim
(a) If the amount determined by the department's investigation to be due the aggrieved party is not disputed by the license holder or the aggrieved ...
- Texas Agriculture Code Section 103.008 - Limits On Claim Payments
(a) In making payments from the fund the department can pay the aggrieved party all of the first $2,000 of any claim and no more ...
- Texas Agriculture Code Section 103.009 - Reimbursement Of Fund And Payment To Complaining Party By Licensee
(a) If the department pays a claim against a license holder, the license holder shall: (1) reimburse the fund immediately or agree in writing to ...
- Texas Agriculture Code Section 103.010 - Subrogation Of Rights
If the department pays a claim against a license holder, the department is subrogated to all rights of the aggrieved party against the license holder ...
- Texas Agriculture Code Section 103.011 - Fee
(a) Except as otherwise provided by this section, a license holder licensed under Chapter 101 shall pay an annual fee to the fund as provided ...
- Texas Agriculture Code Section 103.012 - Rules
With the advice of the board, the department shall adopt rules, consistent with this chapter, for the payment of claims from the fund. Acts 1981, ...
- Texas Agriculture Code Section 103.013 - Penalty For Failure To Pay Fee
(a) A person commits an offense if the person acts or assumes to act as a license holder under Chapter 101 without first paying the ...
- Texas Agriculture Code Section 103.014 - Penalty For False Claims
(a) A person commits an offense if, with intent to obtain a benefit for himself or to harm another, he: (1) institutes a claim under ...
- Texas Agriculture Code Section 103.015 - Civil Penalty; Injunction
(a) A person who violates this chapter or a rule adopted under this chapter is liable to the state for a civil penalty not to ...
- Texas Agriculture Code Section 103.016 - Board Conflict Of Interest
(a) An officer, employee, or paid consultant of a Texas trade association in the field of agriculture may not be a member of the board. ...
- Texas Agriculture Code Section 103.017 - Removal Of Board Member
(a) It is a ground for removal from the board if a member: (1) does not have at the time of appointment the qualifications required ...
- Texas Agriculture Code Section 103.018 - Qualifications And Standards Of Conduct
The commissioner or the commissioner's designee shall provide to members of the board, as often as necessary, information regarding their qualification for office under this ...
- Texas Agriculture Code Section 103.019 - Board Member Training
(a) Before a member of the board may assume the member's duties and before the member may be confirmed by the senate, the member must ...
- Texas Agriculture Code Section 111.001 - Ginners; Public Use
A person who operates a gin in this state for ginning cotton for commercial purposes shall be known as a ginner and is charged with ...
- Texas Agriculture Code Section 111.002 - Ginner's Record
Each ginner shall keep in a book a public record of all cotton brought to the ginner for ginning. The record shall show: (1) the ...
- Texas Agriculture Code Section 111.003 - Identification Of Bales
(a) Each ginner shall mark each bale of cotton with the following: (1) "B____________", filling the blank with the number of the bale as shown ...
- Texas Agriculture Code Section 111.004 - Baling
(a) Each bale of cotton ginned by a ginner shall be wrapped so that: (1) the bale will be completely covered when compressed and the ...
- Texas Agriculture Code Section 111.005 - Liability For Improper Baling
(a) A person who delivers to a common carrier a bale of cotton that is not tied or bound as required by Section 111.004(b) of ...
- Texas Agriculture Code Section 111.007 - Penalties
(a) A person commits an offense if the person operates a cotton gin for himself or herself or for commercial purposes without complying with this ...
- Texas Agriculture Code Section 121.001 - Purpose
The purpose of this chapter is to provide the department with the authority necessary to adopt rules and prescribe procedures for the inspection, grading, and ...
- Texas Agriculture Code Section 121.002 - Definition
In this chapter, "rose plant" includes a rose plant, cutting, or bush. Acts 1981, 67th Leg., p. 1303, ch. 388, § 1, eff. Sept. 1, ...
- Texas Agriculture Code Section 121.003 - Rose Grades
(a) The department shall adopt grade classifications for rose plants, including a classification for ungraded rose plants. (b) A person may not sell or offer ...
- Texas Agriculture Code Section 121.004 - Certificate Of Authority
(a) The department shall issue a numbered certificate of authority to each person who determines or influences the grade of rose plants. (b) A certificate ...
- Texas Agriculture Code Section 121.005 - Labeling
(a) Each rose plant or shipment of rose plants shall be labeled with: (1) the proper grade; and (2) the number of the certificate of ...
- Texas Agriculture Code Section 121.006 - Inspection
(a) The department shall inspect and grade or verify the grade of rose plants that are offered for sale in this state. (b) The department ...
- Texas Agriculture Code Section 121.007 - Rules
The department may adopt rules necessary to carry out this chapter. Acts 1981, 67th Leg., p. 1304, ch. 388, § 1, eff. Sept. 1, 1981. ...
- Texas Agriculture Code Section 121.008 - Entry Power
The department shall enforce this chapter and is entitled to enter during normal business hours any place of business, farm, shed, or other location in ...
- Texas Agriculture Code Section 121.009 - Stop-Sale Order
In enforcing this chapter, the department may issue and enforce a written or printed order to stop the sale of a rose plant or a ...
- Texas Agriculture Code Section 121.010 - Penalty
(a) A person commits an offense if the person advertises, sells, or offers for sale a rose plant or a shipment of rose plants that ...
- Texas Agriculture Code Section 125.001 - Declaration Of Purpose
The legislature finds that the health and safety of persons living and working in agricultural areas in the state may be improved by providing access ...
- Texas Agriculture Code Section 125.002 - Definitions
In this chapter: (1) "Agricultural laborer" means a person who plants, cultivates, harvests, or handles an agricultural or horticultural commodity in its unmanufactured state as ...
- Texas Agriculture Code Section 125.003 - Application
(a) This chapter applies only to the following employers who annually use or store any one of the chemicals covered by this chapter in excess ...
- Texas Agriculture Code Section 125.004 - Workplace Chemical List
(a) An employer covered by this chapter shall compile and maintain a workplace chemical list on a form prescribed by the department that contains the ...
- Texas Agriculture Code Section 125.005 - Workplace Chemical List Form, Maintenance, And Access
(a) The department shall prescribe forms for workplace chemical lists required by this chapter with places to indicate the crop, the product name of the ...
- Texas Agriculture Code Section 125.006 - Material Safety Data Sheets
(a) Chemical manufacturers and distributors shall provide appropriate MSDSs to purchasers in this state of chemicals covered by this chapter. (b) Employers covered by this ...
- Texas Agriculture Code Section 125.007 - Labels
(a) Existing labels on incoming containers of chemicals covered by this chapter may not be removed or defaced. (b) Agricultural laborers may not be required ...
- Texas Agriculture Code Section 125.008 - Emergency Information
(a) Employers covered by this chapter and other entities who normally store products labeled under the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section ...
- Texas Agriculture Code Section 125.009 - Training Program Provided By Department
(a) The department in conjunction with the Texas Agricultural Extension Service shall develop an on-going training program for agricultural laborers. The program must provide information ...
- Texas Agriculture Code Section 125.010 - Crop Sheet Developed By Department
(a) The department shall develop crop sheets that contain the following information: (1) the kinds of chemicals typically used on a particular crop; (2) the ...
- Texas Agriculture Code Section 125.011 - Crop Sheet Provided By Employer
(a) An employer covered by this chapter shall provide crop sheets to each agricultural laborer pertaining to the crops that laborer will be working with ...
- Texas Agriculture Code Section 125.012 - Protective Clothing
An employer covered by this chapter shall provide any protective clothing or device that is recommended by the MSDS, crop sheet, or department rule and ...
- Texas Agriculture Code Section 125.013 - Rights Of Agricultural Laborers
(a) Agricultural laborers employed by employers covered by this chapter who may be exposed to chemicals covered by this chapter shall be informed of the ...
- Texas Agriculture Code Section 125.014 - Department Rules; Outreach Program
(a) The department may adopt rules and administrative procedures reasonably necessary to carry out the purposes of this chapter. (b) The department shall develop and ...
- Texas Agriculture Code Section 125.015 - Liability Under Other Laws
(a) The provision of information to an agricultural laborer does not in any way affect the liability of an employer with regard to the health ...
- Texas Agriculture Code Section 125.016 - Complaints, Investigations, And Penalties
(a) Complaints received in writing from agricultural laborers or their designated representatives relating to alleged violations of this chapter by employers covered by this chapter ...
- Texas Agriculture Code Section 125.017 - Compliance With Hazard Communication Act
(a) If an employer is required to comply with Chapter 502, Health and Safety Code and with this chapter, the employer is required to comply ...
- Texas Agriculture Code Section 128.001 - Definitions
In this chapter: (1) "Agricultural chemical" includes fertilizer material as defined under Section 63.001, pesticides as defined under Section 76.001, plant regulators as defined under ...
- Texas Agriculture Code Section 128.002 - Proceeds
(a) For the purposes of this chapter, proceeds are the amounts received by a lien debtor, before a deduction for taxes, fees, or assessments or ...
- Texas Agriculture Code Section 128.006 - Notice Before Purchase; Required Notice Before Claiming Lien
(a) A person claiming a lien under this chapter must have provided notice of the provisions of this chapter, before purchase, either generally to purchasers ...
- Texas Agriculture Code Section 128.007 - Attachment Of Lien
(a) A lien established under this chapter attaches to the proceeds described by Section 128.002. (b) A lien established under this chapter attaches on the ...
- Texas Agriculture Code Section 128.008 - Amount Of Lien
The amount of a lien under this chapter is equal to the sum of: (1) the amount of the unpaid reasonable or agreed charges for: ...
- Texas Agriculture Code Section 128.009 - Person Entitled To File; Exception
(a) Except as provided by Subsection (b) or by Section 128.047, a person who provides an agricultural chemical, agricultural seed, or labor may file a ...
- Texas Agriculture Code Section 128.010 - Perfection Of Lien
A lien created under this chapter is perfected on the filing of a notice of claim of lien with the secretary of state as provided ...
- Texas Agriculture Code Section 128.011 - Duration Of Notice Of Claim Of Lien
(a) Except as otherwise provided by this chapter, the notice of claim of lien is effective, and a new notice of claim of lien is ...
- Texas Agriculture Code Section 128.012 - Procedures For Settlement Of Disputes
(a) The commissioner of agriculture by rule shall establish a procedure to settle a dispute between a claimant supplying agricultural chemicals or labor in the ...
- Texas Agriculture Code Section 128.013 - Contents Of Notice Of Claim Of Lien
The notice of claim of lien must include: (1) the name and address of the lien claimant; (2) the name and address of the lien ...
- Texas Agriculture Code Section 128.014 - Signature
The notice of claim of lien shall be signed by the lien claimant or by a person authorized to sign documents of a similar kind ...
- Texas Agriculture Code Section 128.015 - Form
(a) The notice of claim of lien must be filed on a form that satisfies the requirements of a financing statement under Sections 9.502-9.504, Business ...
- Texas Agriculture Code Section 128.016 - Filing And Marking In Office Of Secretary Of State; Fee
(a) The notice of claim of lien shall be filed and marked in the office of the secretary of state in the same manner as ...
- Texas Agriculture Code Section 128.017 - Time Of Written Notice
The lien claimant shall provide written notice of the claim of lien to the lien debtor not later than the 10th day after the date ...
- Texas Agriculture Code Section 128.018 - Recognition Of Notice As Financing Statement
The secretary of state shall recognize a notice of claim of lien under this subchapter as a financing statement under Subchapter E, Chapter 9, Business ...
- Texas Agriculture Code Section 128.026 - Time Of Filing
(a) A lien created under this chapter has the same priority as a security interest perfected by the filing of a financing statement on the ...
- Texas Agriculture Code Section 128.031 - Issuance Of Certificate To Member Of Public; Fee
(a) A person may obtain a certificate identifying any lien on file and any notice of claim of lien naming a particular debtor and stating ...
- Texas Agriculture Code Section 128.032 - Copies Of Notices Of Claim Of Lien And Other Notices; Fee
(a) A person may obtain a copy of any notice of claim of an agricultural chemical or seed lien filed. (b) The fee for a ...
- Texas Agriculture Code Section 128.036 - Written Notice To Secured Creditors By Lien Claimant
(a) A lien claimant shall provide written notice to any secured creditor at least 30 days before the date the lien claimant enforces a claim ...
- Texas Agriculture Code Section 128.037 - Foreclosure In Action To Recover Reasonable Or Agreed Charges
The lien claimant may foreclose on a lien under this chapter only in an action to recover the reasonable or agreed charges. Added by Acts ...
- Texas Agriculture Code Section 128.038 - Termination Statement
(a) If a lien claimant receives payment for the total amount secured by a lien under this chapter and the lien claimant has not furnished ...
- Texas Agriculture Code Section 128.039 - Right Of Assignment Or Transfer; Filing Of Statement
(a) A lien created under this chapter may be assigned by the holder of the lien, with full rights of enforcement. (b) The lienholder shall ...
- Texas Agriculture Code Section 128.046 - Rules
The secretary of state may adopt rules necessary to carry out the secretary's duties under this chapter, including prescribing necessary forms. Added by Acts 1995, ...
- Texas Agriculture Code Section 128.047 - Maximum Number Of Liens
Not more than four liens may be enforced under this chapter against the same proceeds of a lien debtor even if the liens are filed ...
- Texas Agriculture Code Section 128.048 - Applicability Of Other Law
Chapter 9, Business & Commerce Code, applies to a lien created under this chapter to the extent Chapter 9 is consistent with this chapter. Added ...
- Texas Agriculture Code Section 131.001 - Definitions
In this chapter: (1) "Abandoned apiary, equipment, or bees" means an apiary, equipment, or a colony of bees that is not regularly maintained or attended ...
- Texas Agriculture Code Section 131.002 - Chief Apiary Inspector
(a) The director shall appoint a person qualified by scientific training or personal experience as chief apiary inspector to make inspections and administer this chapter ...
- Texas Agriculture Code Section 131.003 - Conflicts Of Interest
(a) A person may not serve as chief apiary inspector or be an assistant of the inspector if the person is an officer, employee, or ...
- Texas Agriculture Code Section 131.004 - Assistants
(a) The chief apiary inspector may employ assistants and inspectors as necessary, subject to the approval of the director and governing board of the experiment ...
- Texas Agriculture Code Section 131.005 - Annual Reports
(a) The chief apiary inspector shall make an annual report to the director giving a detailed account of inspection activities, receipt and use of funds, ...
- Texas Agriculture Code Section 131.006 - Audit
The financial transactions of the chief apiary inspector are subject to audit by the state auditor in accordance with Chapter 321, Government Code. Added by ...
- Texas Agriculture Code Section 131.007 - Publishing Information
(a) The chief apiary inspector shall publish information on methods and directions for treating, eradicating, or suppressing infectious diseases of honeybees, the rules adopted for ...
- Texas Agriculture Code Section 131.008 - Complaints
(a) The chief apiary inspector shall keep an information file about each complaint filed with the inspector relating to a beekeeper regulated under this chapter. ...
- Texas Agriculture Code Section 131.009 - Public Testimony
The chief apiary inspector shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the inspector and to ...
- Texas Agriculture Code Section 131.010 - Fees
The chief apiary inspector shall make a reasonable effort to set the fees charged under this chapter at amounts that will produce enough revenue to ...
- Texas Agriculture Code Section 131.021 - Powers And Duties Of Chief Apiary Inspector
(a) For the purpose of enforcing this chapter, the chief apiary inspector may: (1) adopt rules and act as necessary to control, eradicate, or prevent ...
- Texas Agriculture Code Section 131.022 - Quarantines
(a) If the chief apiary inspector determines that the public welfare requires the establishment of a quarantine, the inspector may: (1) declare a protective quarantine ...
- Texas Agriculture Code Section 131.023 - Sale Of Queen Bee And Attendants, Package Bees, And Nuclei
A person may not sell or offer for sale a queen bee and attendant bees, package bees, nuclei, or queen cells in this state unless ...
- Texas Agriculture Code Section 131.024 - Seizure Of Bees, Equipment, Pollen, Or Honey
(a) Bees, equipment, pollen, or honey seized by the chief apiary inspector under Section 131.021 of this code shall be treated, destroyed, or sold at ...
- Texas Agriculture Code Section 131.025 - Duty To Report Diseased Bees
If a beekeeper knows that a colony of bees is diseased, the beekeeper shall immediately report to the chief apiary inspector all facts known about ...
- Texas Agriculture Code Section 131.041 - Permit For Importation
(a) A person may not ship or cause to be shipped bees or equipment into this state unless the person has a permit issued by ...
- Texas Agriculture Code Section 131.042 - Permit For Exportation
(a) A person who ships bees or equipment from this state to another state, territory, or country may apply to the chief apiary inspector for ...
- Texas Agriculture Code Section 131.043 - Permits For Intrastate Shipment
(a) A person may not ship or cause to be shipped bees or equipment between counties in this state unless the person has a permit ...
- Texas Agriculture Code Section 131.044 - Certificate Of Inspection
(a) A person who wants a certificate of inspection for bees, equipment, pollen, or honey must file a written request for the inspection with the ...
- Texas Agriculture Code Section 131.045 - Apiary Registration
(a) The chief apiary inspector may provide for the periodic registration of all apiaries in this state. (b) A registration must include: (1) the beekeeper's ...
- Texas Agriculture Code Section 131.046 - Disposition And Use Of Fees
(a) Fees collected under this subchapter shall be deposited in the State Treasury to the credit of a special fund to be known as the ...
- Texas Agriculture Code Section 131.061 - Identification Required
A person may not operate an apiary in this state unless the apiary equipment is: (1) clearly and indelibly marked with the name and address ...
- Texas Agriculture Code Section 131.062 - Brand; Registration
(a) The chief apiary inspector shall maintain a system of registration of apiary equipment brands to identify equipment used by a beekeeper in an apiary. ...
- Texas Agriculture Code Section 131.063 - Registration Of Brand; Fee
(a) The chief apiary inspector shall register a brand for each person who applies for a brand and pays a recording fee. The inspector shall ...
- Texas Agriculture Code Section 131.064 - Affixing Brand To Equipment
A registrant shall affix the registered brand to his or her apiary equipment by burning or pressing the brand, in figures at least three-quarters of ...
- Texas Agriculture Code Section 131.065 - Transfer Of Brand
(a) A brand may be transferred only if: (1) the chief apiary inspector approves the transfer; and (2) the transferor is selling all of the ...
- Texas Agriculture Code Section 131.081 - Use Of "Honey" On Label
A person may not label, sell, or keep, offer, or expose for sale a product identified on its label as "honey," "liquid or extracted honey," ...
- Texas Agriculture Code Section 131.082 - Use Of Bee, Hive, Or Comb Design
A person may not label, sell, or keep, expose, or offer for sale a product that resembles honey and that has on its label a ...
- Texas Agriculture Code Section 131.083 - Sale Of Imitation Honey
A person may not label, sell, or keep, expose, or offer for sale a product that resembles honey and is identified on its label as ...
- Texas Agriculture Code Section 131.084 - Sale Of Honey Mixtures
(a) A person may not label, sell, or keep, expose, or offer for sale a product that consists of honey mixed with another ingredient unless: ...
- Texas Agriculture Code Section 131.101 - Enforcement Authority
The chief apiary inspector is the official responsible for enforcing Subchapters B, C, and D of this chapter. The Texas Department of Health is the ...
- Texas Agriculture Code Section 131.102 - Entry Power
(a) The chief apiary inspector may enter at a reasonable hour any public or private premises, including a building, depot, express office, storeroom, vehicle, or ...
- Texas Agriculture Code Section 131.103 - Stop-Sale Order
If the official or agency responsible for enforcing a provision of this chapter or a rule or quarantine adopted under this chapter has reason to ...
- Texas Agriculture Code Section 131.104 - Civil Actions
(a) The official or agency responsible for enforcing a provision of this chapter or a rule or quarantine adopted under this chapter may sue to ...
- Texas Agriculture Code Section 131.105 - Venue For Civil And Criminal Actions
Venue for a civil or criminal prosecution under this chapter is in the county where the affected group of bees, equipment, pollen, or honey is ...
- Texas Agriculture Code Section 131.121 - Disease Control
(a) A person commits an offense if the person: (1) violates a provision of Section 131.022 or 131.023 of this code; (2) fails to report ...
- Texas Agriculture Code Section 131.122 - Apiary Equipment Brands
(a) A person commits an offense if the person: (1) violates Section 131.061 of this code; or (2) alters or attempts to alter a registered ...
- Texas Agriculture Code Section 131.123 - Labeling Or Sale Of Honey
(a) A person commits an offense if the person violates a provision of Subchapter E of this chapter. (b) An offense under this section is ...
- Texas Agriculture Code Section 132.001 - Definitions
In this chapter: (1) "Egg" means a chicken egg. (2) "Person" means an individual, firm, corporation, cooperative, or any other type of business entity. (3) ...
- Texas Agriculture Code Section 132.002 - Limitation Of Chapter
This chapter does not apply to a person selling only eggs that are produced by the person's own flock and for which the person does ...
- Texas Agriculture Code Section 132.003 - Powers And Duties Of Department
(a) The department shall administer this chapter and adopt and enforce necessary rules. (b) The department may: (1) prescribe record forms and require the reporting ...
- Texas Agriculture Code Section 132.004 - Adoption Of Standards
Standards for the inspection and regulation of shell eggs, including quality, grade, and size of shell eggs, shall: (1) be at least equal to those ...
- Texas Agriculture Code Section 132.005 - Samples
(a) The department shall prescribe methods of selecting samples of lots or containers of eggs. The methods must be: (1) reasonably calculated to ensure a ...
- Texas Agriculture Code Section 132.006 - Out-Of-State Inspection Of Records And Expenses
(a) If the grade determination and size determination required by Section 132.041 of this code is performed at a location outside of this state, the ...
- Texas Agriculture Code Section 132.008 - Memoranda Of Understanding With Other State Agency
(a) The department shall initiate negotiations for and enter into a memorandum of understanding with the Texas Department of Health to coordinate regulatory programs and ...
- Texas Agriculture Code Section 132.021 - License Required
(a) A person may not buy or sell eggs in this state for the purpose of resale without first obtaining a license from the department. ...
- Texas Agriculture Code Section 132.022 - License Categories
(a) A person who is required by Section 132.021 of this code to be licensed shall apply to the department for licensing in the category ...
- Texas Agriculture Code Section 132.023 - Resident Agent For Service
Before receiving a license required by this chapter, an applicant whose home office or principal place of business is outside this state shall file with ...
- Texas Agriculture Code Section 132.024 - License Expiration
A license issued or renewed under this chapter expires on the first anniversary of the date of issuance or renewal. Acts 1981, 67th Leg., p. ...
- Texas Agriculture Code Section 132.025 - Time For Payment Of License Fee
(a) An applicant for an initial license shall pay the license fee prior to the issuance of the license. (b) An applicant for the renewal ...
- Texas Agriculture Code Section 132.026 - Fee For Dealer-Wholesaler License
(a) The license fee for each plant operated by a dealer-wholesaler is provided by department rule. (b) The fee for an initial dealer-wholesaler's license shall ...
- Texas Agriculture Code Section 132.027 - Fee For Processor's License
(a) The license fee for each plant operated by a processor is provided by department rule. (b) The fee for an initial processor's license shall ...
- Texas Agriculture Code Section 132.028 - Fee For Broker's License
The department shall charge a license fee, as provided by department rule, for a broker. Acts 1981, 67th Leg., p. 1318, ch. 388, § 1, ...
- Texas Agriculture Code Section 132.041 - Grade Determination And Size Determination
(a) Grades and sizes established for eggs sold in this state must be established by candling and weighing by a person licensed under this chapter. ...
- Texas Agriculture Code Section 132.042 - Grading And Classification Required
Eggs offered for sale shall be: (1) classified as Texas eggs or shipped eggs, as applicable; and (2) graded and weighed according to: (A) consumer ...
- Texas Agriculture Code Section 132.043 - Inspection Fees
(a) A person licensed under this chapter who first establishes the grade, size, and classification of eggs offered for sale or sold in this state ...
- Texas Agriculture Code Section 132.044 - Labeling Requirements For Egg Containers
(a) A container in which eggs for human consumption are offered for retail or wholesale must be legibly labeled with a statement showing: (1) the ...
- Texas Agriculture Code Section 132.045 - Sanitation Required
(a) Eggs shall be handled under reasonably sanitary conditions in compliance with the rules of the department. (b) After being received from the producer, shell ...
- Texas Agriculture Code Section 132.046 - Special Requirements For Shipped Eggs
Shipped eggs coming into Texas in cartons ready for retail sale must be at least Grade A, as established by a Texas licensee. Shipped eggs ...
- Texas Agriculture Code Section 132.047 - Uncartoned Eggs
(a) Eggs offered for sale that are not in a carton must be in a container that: (1) contains all information required by Section 132.044 ...
- Texas Agriculture Code Section 132.061 - Records
(a) A licensed dealer-wholesaler or processor shall keep on file for two years a complete record of all eggs bought and sold, including: (1) the ...
- Texas Agriculture Code Section 132.062 - Invoice
A licensed dealer-wholesaler or processor shall: (1) deliver with each transaction, sale, or delivery a signed invoice stating the date, quantity, grade, and size of ...
- Texas Agriculture Code Section 132.071 - Stop-Sale Order
(a) If the department determines that eggs are not in compliance with this chapter, the department shall issue and enforce an order to stop the ...
- Texas Agriculture Code Section 132.0715 - Civil Penalty; Injunction
(a) A person who violates this chapter or a rule adopted under this chapter is liable to the state for a civil penalty not to ...
- Texas Agriculture Code Section 132.072 - Revocation, Modification, Or Suspension Of License
(a) The department shall revoke, modify, or suspend a license, assess an administrative penalty, place on probation a person whose license has been suspended, or ...
- Texas Agriculture Code Section 132.081 - General Penalty
(a) A person commits an offense if the person violates a provision of this chapter. (b) An offense under this chapter is a misdemeanor punishable ...
- Texas Agriculture Code Section 132.082 - Selling Inedible Eggs
(a) A person commits an offense if the person sells, in bulk or in containers, eggs that are not denatured and are inedible for any ...
- Texas Agriculture Code Section 132.083 - Improper Use Of The Prefix "U.S."
(a) A person commits an offense if the person uses the prefix "U.S." on grades and weight classes of shell eggs that are not graded ...
- Texas Agriculture Code Section 132.084 - Misleading Advertising
(a) A person commits an offense if the person: (1) advertises or sells shell eggs below the quality of Grade A by describing the eggs ...
- Texas Agriculture Code Section 134.001 - Definitions
In this chapter only: (1) "Cultured species" means aquatic animals raised under conditions where at least a portion of their life cycle is controlled by ...
- Texas Agriculture Code Section 134.002 - Aquaculture Program
The department may: (1) promote aquaculture products; (2) provide technical assistance, including demonstrations, to aquaculturists; (3) provide coordinated support through colleges and universities and other ...
- Texas Agriculture Code Section 134.003 - Program Administrator; Staff
(a) The department shall designate a person to administer the department's aquaculture program. (b) The department or the department's program administrator may employ the necessary ...
- Texas Agriculture Code Section 134.004 - Contracts
The department, the Texas Natural Resource Conservation Commission, the Texas Animal Health Commission, and the Parks and Wildlife Department may contract with state, federal, or ...
- Texas Agriculture Code Section 134.005 - Rules
(a) The department and the Parks and Wildlife Commission shall adopt rules to carry out their respective duties under this chapter. (b) The department by ...
- Texas Agriculture Code Section 134.006 - Aquaculture Fund
(a) The aquaculture fund is established in the state treasury. (b) The department shall deposit to the credit of the fund the fees received from ...
- Texas Agriculture Code Section 134.011 - Licensing
(a) A person may not operate an aquaculture facility without first having acquired from the department an aquaculture license. (b) The department shall: (1) maintain ...
- Texas Agriculture Code Section 134.012 - Fish Farm Vehicle License Required
(a) Except as provided by Subsection (b), if a vehicle is used to transport cultured species from a private facility and the cultured species are ...
- Texas Agriculture Code Section 134.013 - Additional Requirements For Shrimp Production Within The Coastal Zone
(a) A commercial aquaculture facility located within the coastal zone and engaged in the production of shrimp: (1) must obtain a site-specific wastewater discharge permit ...
- Texas Agriculture Code Section 134.014 - License Fees
(a) The department shall issue an aquaculture license or a fish farm vehicle license on completion of applicable license requirements and the payment of a ...
- Texas Agriculture Code Section 134.015 - Form, Duration, And Renewal Of License
(a) An aquaculture license must be on a numbered form provided by the department. (b) A license is valid for two years after the date ...
- Texas Agriculture Code Section 134.016 - Records
(a) The holder of an aquaculture license shall maintain a record of sales of cultured species for a period of time of not less than ...
- Texas Agriculture Code Section 134.017 - Culture And Sale Of Cultured Species
Cultured species of any kind, size, or number may be raised, possessed, transported, and sold anywhere, at any time, to any person, for any purpose ...
- Texas Agriculture Code Section 134.018 - License Not Required For Sale Of Certain Fish
(a) An aquaculture license is not required for the sale of fish: (1) that are not on the Parks and Wildlife Department's list of exotic ...
- Texas Agriculture Code Section 134.019 - Marketing Of Cultured Redfish And Cultured Speckled Sea Trout
(a) The commissioner shall adopt rules providing for the raising, sale, transportation, and possession of cultured redfish and cultured speckled sea trout raised by an ...
- Texas Agriculture Code Section 134.020 - Exotic Species
(a) The Parks and Wildlife Commission shall adopt rules regulating the importation, possession, propagation, and sale of harmful or potentially harmful exotic species by an ...
- Texas Agriculture Code Section 134.021 - Federal Grants
Federal grants for research and development of commercial fisheries may be used for individual aquaculture projects. Acts 1975, 64th Leg., ch. 545, § 1, eff. ...
- Texas Agriculture Code Section 134.022 - Aquaculture Facility Protected
(a) A person, other than the owner or operator of an aquaculture facility, may not fish on an aquaculture facility without the consent of the ...
- Texas Agriculture Code Section 134.023 - Penalties
(a) Except as provided by Subsection (b), (c), or (d) of this section, a person who violates any provision of this chapter or rule adopted ...
- Texas Agriculture Code Section 134.031 - Memorandum Of Understanding
(a) The department, the Texas Natural Resource Conservation Commission, and the Parks and Wildlife Department shall enter into a memorandum of understanding for the regulation ...
- Texas Agriculture Code Section 141.001. In this chapter:
(1) "Animal" means an animate being that is not human
and has the power of voluntary action.
(2) "Board" means the board of regents of The Texas A&M
University System.
(3) "Broker" means a person who is employed on a
commission basis to sell property for another person. The term does
not include a person who:
(A) has possession or absolute control over the
property that is to be sold;
(B) receives a salary; or
(C) acts for one party to the exclusion of all
others.
(4) "Bulk" means any lot of commercial feed that is not
in a closed container at the time it passes to the possession of the
consumer and includes that feed at any stage of distribution.
(5) "Container" means a bag, box, barrel, bottle,
package, carton, object, apparatus, device, or appliance in which
commercial feed is packed, stored, or placed for handling,
transporting, or distributing.
(6) "Cotton plant by-products" means the residue from
the ginning of cotton.
(7) "Customer-formula feed" means a mixture of
commercial feed or feed material all or part of which is furnished
by the person who processes, mixes, mills, or otherwise prepares
the mixture and which is mixed according to the specific
instructions of the purchaser. The term includes a special formula
feed or a made-to-order feed.
(8) "Director" means the director of the Texas
Agricultural Experiment Station.
(9) "Distribute" means sell, offer for sale, barter,
exchange, or otherwise supply.
(10) "Feed facility" means a site where feed, a
component of feed, or feed ingredients are mixed, custom blended,
ground, unground, manufactured, milled, bagged, salvaged, or
processed.
(11) "Ingredient" means a constituent material of
commercial feed.
(12) "Label" means a display of written, printed, or
graphic matter on or affixed to or wrapped with a container or on an
invoice or delivery slip.
(13) "Licensee" means a person who obtains a license
to operate a feed facility under this chapter.
(14) "Official sample" means a sample of feed taken by
the service and designated as official by the service.
(15) "Product" means the name of the commercial feed
that identifies it as to kind, class, or specific use and includes
the brand, term, trademark, or other specific designation under
which commercial feed is distributed in this state.
(16) "Purchaser" means a person who buys or otherwise
acquires a commercial feed, customer-formula feed, or custom-mix or
custom-mill service.
(17) "Service" means the Texas Feed and Fertilizer
Control Service.
(18) "Ton" means a net weight of 2,000 pounds
avoirdupois or 1,000 kilograms metric.
(19) "Weight" means net weight of a container of
commercial feed expressed in either the avoirdupois or metric
system.
Acts 1981, 67th Leg., p. 1323, ch. 388, § 1, eff. Sept - 1, 1981
Amended by Acts 1983, 68th Leg., p. 1858, ch. 349, art. 2, § 1, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 107, § ...
- Texas Agriculture Code Section 141.002 - Commercial Feed
(a) Except as otherwise provided by this section, a material is a commercial feed subject to this chapter if it is a simple, mixed, compounded, ...
- Texas Agriculture Code Section 141.003 - Administration
(a) The Texas Feed and Fertilizer Control Service is under the direction of the director of the Texas Agricultural Experiment Station, who is responsible for ...
- Texas Agriculture Code Section 141.004 - Rules; Minimum Standards
Following notice and public hearing, the service may adopt rules as necessary for the enforcement of this chapter, including rules defining and establishing minimum standards ...
- Texas Agriculture Code Section 141.005 - Publications
(a) At least annually, the service shall publish: (1) information concerning the sales of commercial feeds, together with data on commercial feed production and use ...
- Texas Agriculture Code Section 141.006 - Custom Processing
This chapter does not apply to the mixing, milling, or processing of a material produced by a purchaser of commercial feed or acquired by the ...
- Texas Agriculture Code Section 141.007 - Aflatoxin Control
The service shall establish by rule aflatoxin contamination levels considered safe for whole seed and whole grain offered for retail sale for wildlife feed. Added ...
- Texas Agriculture Code Section 141.021 - License Required
(a) A person may not manufacture or distribute commercial feed in this state without a valid current license issued by the service for each feed ...
- Texas Agriculture Code Section 141.023 - Term Of License
A license issued under this chapter is permanent unless: (1) the service revokes, suspends, annuls, or amends the license; (2) the licensee withdraws or cancels ...
- Texas Agriculture Code Section 141.025 - Refusal Or Revocation Of License
Following notice and a hearing, the service may revoke, suspend, annul, or amend an existing license or may refuse to issue a license if it ...
- Texas Agriculture Code Section 141.051 - Labeling Of Commercial Feed
(a) Except as provided by Subsection (d) of this section, each container of commercial feed distributed in this state, other than customer-formula feed, must have ...
- Texas Agriculture Code Section 141.052 - Labeling Of Bulk Commercial Feed
At the time of delivery of bulk commercial feed distributed in this state, other than customer-formula feed, the manufacturer or other person distributing the feed ...
- Texas Agriculture Code Section 141.053 - Labeling Of Customer-Formula Feed
(a) Except as provided by Subsection (b) of this section, a person distributing customer-formula feed in this state shall furnish to the purchaser at the ...
- Texas Agriculture Code Section 141.054 - General Label Restrictions
Except as authorized by this chapter or a rule of the service, the label of a commercial feed may not: (1) advertise, name, promote or ...
- Texas Agriculture Code Section 141.055 - Request For Label Review
(a) The service shall: (1) by rule adopt procedures that allow a licensee to submit a product label to the service for review; (2) review ...
- Texas Agriculture Code Section 141.071 - Inspection Fee
(a) For each state fiscal year, a person who manufactures or distributes commercial feed or a component of commercial feed in this state, including a ...
- Texas Agriculture Code Section 141.072 - Quarterly Tonnage Reporting And Inspection Fee Payment
(a) The person responsible for paying the inspection fee for a feed facility generating $100 or more during a license year in tonnage fees shall ...
- Texas Agriculture Code Section 141.073 - Penalty For Late Filing Or Payment
(a) If a person paying the inspection fee on the basis of tonnage reporting does not file a quarterly report or pay the fee before ...
- Texas Agriculture Code Section 141.074 - Records; Additional Reports; Audits
(a) For the purpose of determining the accurate tonnage of commercial feed distributed in this state or identify or verify tonnage reports, the service may ...
- Texas Agriculture Code Section 141.075 - Disposition And Use Of Fees
(a) The service shall deposit fees collected under this subchapter in the same manner that other local institutional fees of The Texas A & M ...
- Texas Agriculture Code Section 141.101 - Inspection And Sampling; Entry Power
In order to determine if feed is in compliance with this chapter, the service is entitled to: (1) enter during regular business hours and inspect ...
- Texas Agriculture Code Section 141.102 - Procedure For Sampling And Analysis
The service by rule shall prescribe the procedures for sampling and analysis of commercial feed. The procedures must, to the extent practicable, be in accordance ...
- Texas Agriculture Code Section 141.103 - Identification Of Sample
(a) Each sample taken shall be sealed with a label placed on the container of the sample showing: (1) the serial number of the sample; ...
- Texas Agriculture Code Section 141.104 - Independent Analysis Of Sample
(a) If the service finds through chemical analysis or another method that a commercial feed is in violation of a provision of this chapter, the ...
- Texas Agriculture Code Section 141.121 - Stop-Sale Order
(a) If the service has reasonable cause to believe that a commercial feed is being distributed in violation of a provision of this chapter, the ...
- Texas Agriculture Code Section 141.122 - Condemnation Of Feed
(a) If, after examination and analysis, the service finds that a commercial feed subject to a stop-sale order is in violation of a provision of ...
- Texas Agriculture Code Section 141.123 - Warnings
If the service determines that a violation of this chapter is of a minor nature and that the public interest will be served and protected ...
- Texas Agriculture Code Section 141.124 - Injunction
(a) The service may sue in the name of the director to enjoin a violation of this chapter. (b) The service may request a prosecuting ...
- Texas Agriculture Code Section 141.125 - Suit To Recover Fees
The service may sue to recover an inspection fee or a penalty due under Subchapter D of this chapter. Venue for a suit under this ...
- Texas Agriculture Code Section 141.126 - Prosecutions
Each district attorney, criminal district attorney, or county attorney to whom the service reports a violation of this chapter shall cause appropriate proceedings to be ...
- Texas Agriculture Code Section 141.127 - Venue For Civil And Criminal Actions
Except as provided by Section 141.125 of this code, venue for a civil action or criminal prosecution under this chapter is in the county in ...
- Texas Agriculture Code Section 141.128 - Appeal Of Administrative Order Or Ruling
(a) A person at interest who is aggrieved by an order or ruling of the service may appeal the order or ruling in the manner ...
- Texas Agriculture Code Section 141.141 - General Penalty
(a) A person commits an offense if the person violates a provision of this chapter. (b) An offense under this section is a Class C ...
- Texas Agriculture Code Section 141.142 - Distribution Of Customer-Formula Feed In Violation Of Chapter
(a) A person commits an offense if the person engages, conspires to engage, or causes another person to engage in the preparation, manufacture, or distribution ...
- Texas Agriculture Code Section 141.143 - Distribution Of Commercial Feed Without License, Labeling, Or Payment Of Inspection Fee
(a) A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute commercial feed: (1) in violation of ...
- Texas Agriculture Code Section 141.144 - Refusal Of Inspection Or Sampling
(a) A person commits an offense if the person refuses, conspires to refuse, or causes another person to refuse to permit entry, inspection, sampling, or ...
- Texas Agriculture Code Section 141.145 - Refusal To Pay Inspection Fee Or Submit Records
(a) A person commits an offense if the person refuses, conspires to refuse, or causes another person to refuse to make records available, furnish reports, ...
- Texas Agriculture Code Section 141.146 - Disposal Of Feed Subject To A Stop-Sale Order
(a) A person commits an offense if the person disposes of feed subject to a stop-sale order in violation of Section 141.121 of this code. ...
- Texas Agriculture Code Section 141.147 - Distribution Of Misbranded Feed
(a) A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute commercial feed that: (1) carries a ...
- Texas Agriculture Code Section 141.148 - Distribution Of Adulterated Feed
(a) A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute commercial feed: (1) that is of ...
- Texas Agriculture Code Section 141.149 - Rules; Penalty
(a) The service shall adopt rules that conform to but are not more strict than current good manufacturing practices as established under 21 U.S.C. Section ...
- Texas Agriculture Code Section 142.001 - Definitions
In this chapter: (1) "Estray" means stray livestock, stray exotic livestock, or stray exotic fowl. (2) Repealed by Acts 2003, 78th Leg., ch. 604, § ...
- Texas Agriculture Code Section 142.002 - Rights Of Occupant Other Than Owner
A person has the rights of an owner of property under this chapter if he is a part owner, a lessee, an occupant, or a ...
- Texas Agriculture Code Section 142.0021 - Ownership Of Exotic Wildlife And Fowl
A person may claim to be the owner of exotic livestock or exotic fowl under this chapter only if the animal is tagged, branded, banded, ...
- Texas Agriculture Code Section 142.003 - Discovery Of Estray; Notice
(a) If an estray, without being herded with other livestock, roams about the property of a person without that person's permission or roams about public ...
- Texas Agriculture Code Section 142.004 - Redemption
(a) The owner of the estray may redeem the estray from the owner or occupant of private property by the payment of fees and damages ...
- Texas Agriculture Code Section 142.005 - Collection Fee
(a) If the sheriff or the sheriff's designee is present at the time of the collection of the estray, the sheriff or the sheriff's designee ...
- Texas Agriculture Code Section 142.006 - Amount Of Redemption Payment
(a) A person on whose property an estray is found is entitled to receive from the owner of the estray the payment of a reasonable ...
- Texas Agriculture Code Section 142.007 - Justice Court Petition
A petition seeking a justice court determination of the amount of a redemption payment or the amount of a collection fee must contain the following ...
- Texas Agriculture Code Section 142.008 - Appeal Of Court Award
(a) If either the owner of the estray or the owner of the property disagrees with a justice's assessment of the payment amount under Subdivision ...
- Texas Agriculture Code Section 142.009 - Impoundment Of Estray
(a) The sheriff or the sheriff's designee shall impound an estray and hold it for disposition as provided by this chapter if: (1) the owner ...
- Texas Agriculture Code Section 142.010 - Recovery Of Impounded Estray By Owner
(a) The owner of an estray may recover possession of the estray at any time before the estray is sold under this chapter if: (1) ...
- Texas Agriculture Code Section 142.011 - Use Of Estray
During the period an estray is held by the sheriff, the estray may not be used for any purpose. Amended by Acts 1987, 70th Leg., ...
- Texas Agriculture Code Section 142.012 - Escape Or Death Of Impounded Estray
If the animal dies or escapes while impounded, the sheriff shall make a written report of the death or escape and file the report with ...
- Texas Agriculture Code Section 142.013 - Disposition Or Sale Of Impounded Estrays
(a) If the ownership of an estray is not determined before the third day after the date of the final advertisement under this chapter or ...
- Texas Agriculture Code Section 142.014 - Recovery By Owner Of Proceeds Of Sale
Within one year after the date of sale of an estray under this chapter, the original owner of the estray may recover the net proceeds ...
- Texas Agriculture Code Section 143.001 - Sufficient Fence Required
Except as provided by this chapter for an area in which a local option stock law has been adopted, each gardener or farmer shall make ...
- Texas Agriculture Code Section 143.002 - Gate
A person may not build, join, or maintain around cleared land in cultivation more than three miles lineal measure of fence running the same general ...
- Texas Agriculture Code Section 143.021 - Petition For Election
(a) In accordance with this section, the freeholders of a county or an area within a county may petition the commissions court to conduct an ...
- Texas Agriculture Code Section 143.022 - Election Orders
(a) After receiving a petition under this subchapter, the commissioners court at its next regular term shall order that an election be held throughout the ...
- Texas Agriculture Code Section 143.023 - Election
(a) If the election is not countywide, the county judge at the time the election order is issued shall appoint election officers for the election. ...
- Texas Agriculture Code Section 143.024 - Effect Of Election; Adoption Of Subchapter
(a) If a majority of the votes in an election are cast against the proposition, this subchapter is adopted and, after the 30th day following ...
- Texas Agriculture Code Section 143.025 - Subsequent Elections To Adopt Subchapter
(a) Except as provided by Subsection (b) of this section, if this subchapter is not adopted at an election, another election for that purpose may ...
- Texas Agriculture Code Section 143.026 - Repeal
(a) The freeholders of a county or an area in which this subchapter has been adopted may petition the commissioners court to conduct an election ...
- Texas Agriculture Code Section 143.027 - Extension Of Subchapter To Adjoining Area By Order
A commissioners court by order shall extend application of this subchapter to territory that is between two areas of the county that have adopted this ...
- Texas Agriculture Code Section 143.028 - Fences
(a) A person is not required to fence against animals that are not permitted to run at large. Except as otherwise provided by this section, ...
- Texas Agriculture Code Section 143.033 - Injury To Trespassing Animal
If a person whose fence is insufficient under this subchapter maims, wounds, or kills a head of cattle or a horse, mule, jack, or jennet, ...
- Texas Agriculture Code Section 143.034 - Penalty
(a) A person commits an offense if the person knowingly: (1) turns out or causes to be turned out on land that does not belong ...
- Texas Agriculture Code Section 143.051 - Petition For Election
(a) The freeholders of a county or an area that has adopted Subchapter B of this chapter or the freeholders of an area that is ...
- Texas Agriculture Code Section 143.052 - Election Orders
(a) After receiving a petition under this subchapter, the commissioners court shall order an election to be held throughout the county or in the petitioning ...
- Texas Agriculture Code Section 143.053 - Election
(a) Except as provided by this section, the election shall be conducted, the returns made, and the results declared in accordance with Section 143.023 of ...
- Texas Agriculture Code Section 143.054 - Effect Of Election
If a majority of the votes cast are for the limited period of free range for hogs, after the 10th day following the date on ...
- Texas Agriculture Code Section 143.055 - Subsequent Elections To Adopt Or Repeal Free Range
(a) Except as provided by Subsection (b) of this section, if an election is held under this subchapter another election for the purpose of adopting ...
- Texas Agriculture Code Section 143.056 - Combined Elections
An election under this subchapter may be held at the same time as an election under Subchapter B of this chapter, but the propositions must ...
- Texas Agriculture Code Section 143.071 - Petition For Election
(a) In accordance with this section, the freeholders of a county or an area within a county may petition commissioners court to conduct an election ...
- Texas Agriculture Code Section 143.072 - Exceptions; Countywide Elections
The following counties may not conduct a countywide election on the running at large of cattle: Andrews, Coke, Culberson, Hardin, Hemphill, Hudspeth, Jasper, Jefferson, Kenedy, ...
- Texas Agriculture Code Section 143.073 - Election
(a) Except as provided by this section, the election is governed by Sections 143.022 and 143.023 of this code. (b) The ballot shall be printed ...
- Texas Agriculture Code Section 143.074 - Effect Of Election; Adoption Of Subchapter
(a) If a majority of the votes cast in an election are for the proposition, this subchapter is adopted and, after the 30th day following ...
- Texas Agriculture Code Section 143.075 - Subsequent Elections To Adopt Subchapter
(a) Except as provided by Subsection (b) of this section, if this subchapter is not adopted at an election, no other election for that purpose ...
- Texas Agriculture Code Section 143.076 - Repeal
(a) In accordance with this section, the freeholders of a county or an area in which this subchapter has been adopted may petition the commissioners ...
- Texas Agriculture Code Section 143.077 - Fences
A fence is sufficient for purposes of this chapter if it is sufficient to keep out the classes of animals not affected by this subchapter. ...
- Texas Agriculture Code Section 143.082 - Penalty
(a) A person commits an offense if the person knowingly permits a head of cattle or a domestic turkey to run at large in a ...
- Texas Agriculture Code Section 143.101 - Definition
In this subchapter, "highway" means a U.S. highway or a state highway in this state, but does not include a numbered farm-to-market road. The term ...
- Texas Agriculture Code Section 143.102 - Running At Large On Highway Prohibited
A person who owns or has responsibility for the control of a horse, mule, donkey, cow, bull, steer, hog, sheep, or goat may not knowingly ...
- Texas Agriculture Code Section 143.103 - Immunity From Liability
A person whose vehicle strikes, kills, injures, or damages an unattended animal running at large on a highway is not liable for damages to the ...
- Texas Agriculture Code Section 143.104 - Herding Of Livestock Along Highway
This subchapter does not prevent the movement of livestock from one location to another by herding, leading, or driving the livestock on, along, or across ...
- Texas Agriculture Code Section 143.106 - Enforcement
Each state highway patrolman or county or local law enforcement officer shall enforce this subchapter and may enforce it without the use of a written ...
- Texas Agriculture Code Section 143.107 - Conflict With Other Law
This subchapter prevails to the extent of any conflict with another provision of this chapter. Acts 1981, 67th Leg., p. 1350, ch. 388, § 1, ...
- Texas Agriculture Code Section 143.108 - Penalty
(a) A person commits an offense if the person violates Section 143.102 of this code. (b) An offense under this section is a Class C ...
- Texas Agriculture Code Section 143.121 - Prohibition
Except as provided by this subchapter or by mutual consent of the parties, a person may not remove a fence that is: (1) a separating ...
- Texas Agriculture Code Section 143.122 - Removal Of Fence By Owner
A person who owns an interest in a fence attached to a fence owned in whole or in part by another person is entitled to ...
- Texas Agriculture Code Section 143.123 - Requiring Removal Of Fence By Another Person
A person who is the owner of a fence that is wholly on that person's land may require the owner of an attached fence to ...
- Texas Agriculture Code Section 144.001 - Owner's Marks And Brands
(a) Each person who has cattle, hogs, sheep, or goats shall have and may use one or more earmarks, brands, tattoos, or electronic devices differing ...
- Texas Agriculture Code Section 144.002 - Brands Of Minors
A minor who owns cattle, hogs, or one or more horses may have one or more marks or brands, but the parent or guardian of ...
- Texas Agriculture Code Section 144.003 - Age For Marking Or Branding
(a) Cattle shall be marked with the earmark or branded with the brand of the owner on or before the date they are one year ...
- Texas Agriculture Code Section 144.041 - Marks And Brands To Be Recorded
(a) Each person who owns cattle, hogs, sheep, or goats shall record that person's earmarks, brands, tattoos, and electronic devices with the county clerk of ...
- Texas Agriculture Code Section 144.042 - Recording
In recording a mark, electronic device, tattoo, or brand, the county clerk shall note the date on which the mark, electronic device, tattoo, or brand ...
- Texas Agriculture Code Section 144.043 - Effect Of Recording
(a) Any dispute about an earmark or brand shall be decided by reference to the mark and brand records of the county clerk, and the ...
- Texas Agriculture Code Section 144.044 - Rerecording
(a) Not later than six months after August 30 of 1981 and of every 10th year thereafter, each person who owns livestock mentioned in this ...
- Texas Agriculture Code Section 144.101 - Definition
In this subchapter, "director" means the director of the Department of Public Safety. Acts 1981, 67th Leg., p. 1360, ch. 388, § 1, eff. Sept. ...
- Texas Agriculture Code Section 144.102 - Right To Register
In accordance with this subchapter, a person who owns one or more horses, hogs, dogs, sheep, or goats in this state is entitled to register ...
- Texas Agriculture Code Section 144.103 - Department Of Public Safety To Administer
The Department of Public Safety shall administer this subchapter under the supervision of the director of that department. Acts 1981, 67th Leg., p. 1360, ch. ...
- Texas Agriculture Code Section 144.104 - Application For Registration
(a) A person shall apply to the director for registration of a tattoo mark. The application must be signed by the applicant or the applicant's ...
- Texas Agriculture Code Section 144.105 - Certificate Of Registration
The director shall examine or cause to be examined each application for registration and shall immediately issue a certificate of registration after determining that there ...
- Texas Agriculture Code Section 144.106 - Protest Of Registration
(a) A person who would be damaged by the issuance of a certificate of registration may file a written notice of protest of that issuance ...
- Texas Agriculture Code Section 144.107 - Effect Of Registration
The registration of a tattoo mark under this subchapter creates an exclusive right to use that mark in this state. In a criminal or civil ...
- Texas Agriculture Code Section 144.108 - Filing With County Clerk
The director shall forward a certified copy of each registration to the county clerk of the county of the applicant's residence. The county clerk shall ...
- Texas Agriculture Code Section 144.109 - Assignment Of Registered Tattoo Mark
(a) A certificate of registration and the exclusive right to use a tattoo mark may be assigned in connection with the goodwill of a ranch, ...
- Texas Agriculture Code Section 144.110 - Fees
(a) Each person who registers, assigns, or protests the registration of a tattoo mark shall pay the following appropriate fee to the director at the ...
- Texas Agriculture Code Section 144.121 - Use Of Unrecorded Mark Or Brand
(a) A person commits an offense if the person marks or brands any unmarked or unbranded livestock with a mark or brand that is not ...
- Texas Agriculture Code Section 144.122 - Altering Mark Or Brand
(a) A person commits an offense if the person alters or changes a mark or brand on livestock owned or controlled by that person without ...
- Texas Agriculture Code Section 144.124 - Improperly Recording Brand
(a) A person commits an offense if, as county clerk, the person records a brand for which the person recording the brand fails to designate ...
- Texas Agriculture Code Section 144.125 - Counterbranding Without Owner's Consent
(a) A person commits an offense if the person violates Section 144.074(c) of this code. (b) An offense under this section is a misdemeanor punishable ...
- Texas Agriculture Code Section 144.127 - Reproduction Or Destruction Of Tattoo Mark
(a) A person commits an offense if the person, without the consent of the owner, reproduces, counterfeits, copies, adds to, takes from, imitates, destroys, or ...
- Texas Agriculture Code Section 144.128 - Purchase, Sale, Or Transportation Of Tattooed Livestock Without Consent
(a) A person commits an offense if the person: (1) without consent of the owner, buys, sells, or barters, for that person or another person, ...
- Texas Agriculture Code Section 146.001 - Bill Of Sale Or Transfer Required
(a) If a person in this state sells or transfers a horse, mule, jack, jennet, ox, or head of cattle, the actual delivery of the ...
- Texas Agriculture Code Section 146.003 - Register Of Shipped Cattle
(a) The commander or agent of a vessel or the agent of a railroad on which cattle are exported from this state shall keep a ...
- Texas Agriculture Code Section 146.005 - Permits To Transport Animals
(a) A person who drives a vehicle, including a truck or an automobile, containing livestock, domestic fowl, slaughtered livestock or domestic fowl, or butchered portions ...
- Texas Agriculture Code Section 146.006 - Penalty For Driving Stock To Market Without Bill Of Sale Or Sworn List
(a) A person commits an offense if the person drives to market animals of a class listed in Section 146.001 of this code without possessing: ...
- Texas Agriculture Code Section 146.008 - Penalty For Transporting Animals Without Permit Or With Fraudulent Permit
(a) A person commits an offense if, under Section 146.005 of this code, the person: (1) transports living animals, slaughtered animals, or butchered portions of ...
- Texas Agriculture Code Section 146.021 - Department Facilities
The department may receive and hold for processing animals and animal products transported in international trade and may establish and collect reasonable fees for yardage, ...
- Texas Agriculture Code Section 146.022 - Contracts
(a) The department may execute agreements with corporations or other private concerns to provide feed, medical care, or other necessary goods and services in connection ...
- Texas Agriculture Code Section 146.023 - Payment Of Fees And Debts
The department shall collect fees or debts owed to the state or to a supplier of goods or services in connection with the processing of ...
- Texas Agriculture Code Section 146.024 - Abandoned Animals
(a) In order to satisfy unpaid fees and debts to the state and private suppliers, the department may sell at public auction an animal that ...
- Texas Agriculture Code Section 146.025 - Care And Treatment Of Animals In Facilities
(a) The department shall exercise reasonable care in the handling and movement of animals in the processing facilities of the department. (b) The department is ...
- Texas Agriculture Code Section 147.001 - Definitions
In this chapter: (1) "Commission merchant" means a livestock commission merchant or a livestock auction commission merchant. (2) Repealed by Acts 2003, 78th Leg., ch. ...
- Texas Agriculture Code Section 147.002 - Commission Merchants
(a) A person is subject to this chapter as a livestock commission merchant if the person: (1) pursues the business of selling livestock on consignment ...
- Texas Agriculture Code Section 147.003 - Exceptions
(a) A person pursuing the business of selling mules, horses, jacks, or jennets in a county with a population of not less than 1.4 million ...
- Texas Agriculture Code Section 147.004 - Remittance Of Sale Proceeds
(a) Within 48 hours after the sale of consigned livestock, a commission merchant shall: (1) remit the net proceeds of the sale to each person ...
- Texas Agriculture Code Section 147.005 - Deposit Of Proceeds In Dispute
(a) If the proceeds of a sale of livestock by a commission merchant become involved in a dispute between contending claimants, or if the commission ...
- Texas Agriculture Code Section 147.021 - Bond Required
Before engaging in business as a commission merchant, a person shall file a bond with the county judge of the county of the commission merchant's ...
- Texas Agriculture Code Section 147.022 - Terms And Conditions Of Bond
(a) Each bond filed under this chapter must be: (1) signed by a solvent surety company authorized to do business in this state and having ...
- Texas Agriculture Code Section 147.023 - Amount Of Bond
(a) Except as otherwise provided by this section, the amount of each commission merchant's bond must be equal to the nearest multiple of $1,000 that ...
- Texas Agriculture Code Section 147.024 - More Than One Person Under Single Bond
(a) If two or more commission merchants are employees or agents solely for one person, they may be covered by a single bond in an ...
- Texas Agriculture Code Section 147.025 - Approval Of Bond By County Judge
(a) The county judge shall carefully examine each commission merchant's bond and shall approve a bond if satisfied that it conforms to the requirements of ...
- Texas Agriculture Code Section 147.026 - Recording Of Bond And Statement Of Sales
(a) The county judge shall file each commission merchant's bond with the county clerk, who shall record the bond at length in records maintained for ...
- Texas Agriculture Code Section 147.027 - Commission Merchant's Copy Of Bond
As soon as practicable after the recording of a bond, a commission merchant shall request, and the county clerk shall provide, a certified copy of ...
- Texas Agriculture Code Section 147.028 - Suit On Bond
(a) Any person damaged by breach of a condition of a bond may bring suit and recover under the bond. The suit shall be brought ...
- Texas Agriculture Code Section 147.029 - Insolvency Of Surety
If the county judge discovers that the surety on a bond is insolvent or determines that the surety is financially unable to make the bond ...
- Texas Agriculture Code Section 147.041 - Record Of Sales
(a) Each livestock auction commission merchant shall keep a record of all livestock sold at auction. The record must give an accurate description of the ...
- Texas Agriculture Code Section 147.042 - Record Of Transportation
(a) Each livestock auction commission merchant shall keep a record of the motor vehicle and trailer or semitrailer on which livestock is transported to the ...
- Texas Agriculture Code Section 147.061 - Failure To File Or Maintain Bond
(a) A person commits an offense if the person: (1) advertises or solicits business, or engages in business, as a livestock commission merchant without filing ...
- Texas Agriculture Code Section 147.062 - Failure To Post Copy Of Bond
(a) A person commits an offense if the person fails to post a copy of the person's bond in accordance with Section 147.027 of this ...
- Texas Agriculture Code Section 147.063 - Failure To Remit Proceeds Of Sale
(a) A person commits an offense if, as a livestock commission merchant, the person intentionally fails and refuses to remit the net proceeds of a ...
- Texas Agriculture Code Section 147.064 - Appropriation Of Proceeds Of Sale
(a) A person commits an offense if, as a livestock commission merchant, the person appropriates or uses any portion of the net proceeds of the ...
- Texas Agriculture Code Section 147.065 - Failure To Keep Or Exhibit Transportation Records
(a) A person commits an offense if the person violates Section 147.042 of this code. (b) An offense under this section is a misdemeanor punishable ...
- Texas Agriculture Code Section 148.001 - Definition
In this chapter, "slaughterer" means a person engaged in the business of: (1) slaughtering livestock for profit; or (2) selling livestock, as a primary business, ...
- Texas Agriculture Code Section 148.002 - Slaughterer To Register
(a) Before engaging in business as a slaughterer, a person must register with the county clerk, giving the person's name and intent to engage in ...
- Texas Agriculture Code Section 148.003 - Slaughter Of Unbranded Or Unmarked Livestock; Slaughter Without Bill Of Sale.
(a) A slaughterer may not purchase or slaughter for market livestock that is unmarked or unbranded. (b) A slaughterer may not purchase and slaughter any ...
- Texas Agriculture Code Section 148.011 - Record Of Purchase And Slaughter
(a) In accordance with this section, a slaughterer shall keep a record of all livestock purchased or slaughtered. Both the slaughterer and the person managing ...
- Texas Agriculture Code Section 148.012 - Reports To County
(a) At each regular meeting of the county commissioners court, each slaughterer shall make a sworn report relating to the animals slaughtered since the last ...
- Texas Agriculture Code Section 148.021 - Meat Processor
A person is a meat processor subject to this subchapter if the person is engaged in the business of slaughtering cattle, sheep, goats, or hogs ...
- Texas Agriculture Code Section 148.022 - Time And Method Of Payment For Purchases
(a) Except as otherwise provided by this section or by agreement, a meat processor, or any other person, who purchases cattle, sheep, goats, or hogs ...
- Texas Agriculture Code Section 148.023 - Agreement On Time And Method Of Payment
(a) The purchaser and seller of cattle, sheep, goats, or hogs, or other expressly authorized agents, may agree in writing on a method of payment ...
- Texas Agriculture Code Section 148.024 - Delay In Collection Of Payment Instruments
An instrument issued in payment for livestock under this subchapter shall be drawn on banks that are so located as not to artificially delay collection ...
- Texas Agriculture Code Section 148.025 - Damages
A purchaser who fails to pay for livestock as provided by this subchapter or who artificially delays the collection of funds for the payment is ...
- Texas Agriculture Code Section 148.026 - Lien
(a) To secure all or part of the sales price, a person who sells cattle, sheep, goats, or hogs for slaughter has a lien on ...
- Texas Agriculture Code Section 148.027 - Commingling Of Livestock Under Lien
(a) If an animal, its carcass, or its products is under a lien and is commingled with other livestock, carcasses, or products so that the ...
- Texas Agriculture Code Section 148.028 - Priority Of Lien
A lien under this subchapter has priority over any other lien or perfected security interest in the animal, its carcass, its products, or proceeds from ...
- Texas Agriculture Code Section 148.029 - Fee For Horses Sold To Slaughterer
(a) A slaughterer shall pay the following fees for each horse purchased for slaughter: (1) $2 to the Texas Agricultural Extension Service; and (2) $3 ...
- Texas Agriculture Code Section 148.030 - Inspection Of Horses Sold Through Certain Slaughterhouses
The department, agency, or association authorized to inspect livestock under 7 U.S.C. Section 217a shall inspect for identification purposes each horse held, handled, purchased, or ...
- Texas Agriculture Code Section 148.041 - Application Of Subchapter
This subchapter does not apply to the following counties: Anderson, Austin, Bandera, Bastrop, Bell, Bexar, Blanco, Bowie, Brazos, Burleson, Caldwell, Calhoun, Camp, Cass, Chambers, Cherokee, ...
- Texas Agriculture Code Section 148.042 - Slaughterer's Bond
(a) Before engaging in business as a slaughterer of cattle, a person must file a bond with the clerk of the county court of the ...
- Texas Agriculture Code Section 148.043 - Records
(a) A slaughterer of cattle shall keep a true and faithful record, in a book kept for that purpose, of all cattle purchased or slaughtered, ...
- Texas Agriculture Code Section 148.044 - Inspections
(a) Not later than 20th day after the day of slaughter, a slaughterer shall have the hide and ears of any cattle slaughtered inspected by ...
- Texas Agriculture Code Section 148.045 - Purchase Of Slaughtered Cattle Without Hide Or Ears
A slaughterer may not purchase cattle that have been slaughtered by another person if: (1) the slaughtered animal is not accompanied by the hide and ...
- Texas Agriculture Code Section 148.061 - Failure To Register
(a) A person required by Section 148.002 of this code to register as a slaughterer commits an offense if the person fails to register. (b) ...
- Texas Agriculture Code Section 148.062 - Slaughter Of Unbranded Or Unmarked Livestock; Slaughter Without Bill Of Sale
(a) A person commits an offense if the person slaughters unbranded or unmarked livestock, or purchases or slaughters an animal without receiving a bill of ...
- Texas Agriculture Code Section 148.063 - Failure To Keep Or Provide Records Of Purchase Or Slaughter
(a) A person required to keep records of purchase or slaughter by Section 148.011 of this code commits an offense if the person violates that ...
- Texas Agriculture Code Section 148.064 - Failure To Report To County
(a) A person required by Section 148.012(a) of this code to file reports on slaughtered animals with the county commits an offense if the person ...
- Texas Agriculture Code Section 148.065 - Failure To File Bond
(a) A person required by Section 148.042 of this code to file a bond commits an offense if the person engages in business as a ...
- Texas Agriculture Code Section 148.066 - Failure To Keep Or Permit Inspection Of Records
(a) A person required by Section 148.043 of this code to keep records commits an offense if the person: (1) fails to keep records as ...
- Texas Agriculture Code Section 148.067 - Failure To Have Hide And Ears Inspected
(a) A person required by Section 148.044 of this code to have the hide and ears of a slaughtered animal inspected commits an offense if ...
- Texas Agriculture Code Section 148.068 - Inspector's Or Magistrate's Failure To Keep Or File Records
(a) A person commits an offense if, as an inspector or magistrate, the person: (1) fails to keep a record required by Section 148.044(b) of ...
- Texas Agriculture Code Section 148.069 - Purchase Of Slaughtered Cattle Without Hide Or Ears
(a) A person commits an offense if the person purchases slaughtered cattle in violation of Section 148.045 of this code. (b) An offense under this ...
- Texas Agriculture Code Section 149.001 - Definition
In this chapter, "horsemeat" means the flesh of an animal of the genus equus. Added by Acts 1991, 72nd Leg., ch. 16, § 2.01(a), eff. ...
- Texas Agriculture Code Section 149.002 - Sale Or Possession Of Horsemeat
A person commits an offense if: (1) the person sells, offers for sale, or exhibits for sale horsemeat as food for human consumption; or (2) ...
- Texas Agriculture Code Section 149.003 - Transfer Of Horsemeat
A person commits an offense if the person: (1) transfers horsemeat to a person who intends to sell the horsemeat, offer or exhibit it for ...
- Texas Agriculture Code Section 149.004 - Prima Facie Evidence Of Offense
In a prosecution under this chapter, any of the following is prima facie evidence of an offense: (1) the presence of horsemeat in a retail ...
- Texas Agriculture Code Section 149.005 - Penalty
(a) An offense under this chapter is punishable by: (1) a fine of not more than $1,000; (2) confinement in jail for not less than ...
- Texas Agriculture Code Section 149.006 - Injunction
On a conviction of an offense under this chapter, the court shall enjoin the defendant from slaughtering animals, selling meat, transporting meat, or in any ...
- Texas Agriculture Code Section 149.007 - Effect On Municipal Ordinances
(a) Except as provided by Subsection (b) of this section, this chapter does not affect any provision of a municipal ordinance regulating the sale or ...
- Texas Agriculture Code Section 150.001 - Definitions
In this subchapter: (1) "Fresh meat" means a quarter, half, or whole carcass of beef, pork, or mutton or a cut or other part of ...
- Texas Agriculture Code Section 150.002 - Labeling Of Imported Fresh Meat
(a) A person may not knowingly sell at wholesale or at a retail store any imported fresh meat unless the person complies with the requirements ...
- Texas Agriculture Code Section 150.003 - Criminal Penalty
(a) A person commits an offense if the person knowingly violates Section 150.002 of this code. (b) A first offense under this section is punishable ...
- Texas Agriculture Code Section 150.011 - Definitions
In this subchapter: (1) "Political subdivision" means a county or municipality or a school, junior college, water, hospital, reclamation, or other special-purpose district. (2) "State ...
- Texas Agriculture Code Section 150.012 - Purchase Of Imported Beef By State Agency Or Political Subdivision
(a) A state agency or political subdivision may not purchase beef or a product consisting substantially of beef that has been imported from outside the ...
- Texas Agriculture Code Section 151.001 - Definitions
(a) In this chapter: (1) "Bison" means: (A) an animal known by the scientific name Bovidae bison bison, commonly known as the North American prairie ...
- Texas Agriculture Code Section 151.002 - Labeling Of Bison And Buffalo Meat
(a) A person may not knowingly sell at wholesale, at a retail store, or in a restaurant any bison or buffalo meat except in compliance ...
- Texas Agriculture Code Section 151.003 - Criminal Penalty
(a) A person commits an offense if the person knowingly violates Section 151.002(a). (b) A first offense under this section is a Class C misdemeanor. ...
- Texas Agriculture Code Section 152.001 - Training Program For Horse Owners
(a) The Texas Agricultural Extension Service shall develop an ongoing training program for horse owners to promote the prevention of horse theft. The program must ...
- Texas Agriculture Code Section 152.002 - Training Program For Law Enforcement Agencies
(a) A state, county, or local law enforcement agency with responsibility for investigating horse thefts shall provide training for its employees likely to handle horse ...
- Texas Agriculture Code Section 161.001 - Definitions
(a) In this chapter: (1) "Animal" includes livestock, exotic livestock, domestic fowl, and exotic fowl. (2) "Commission" means the Texas Animal Health Commission. (3) Repealed ...
- Texas Agriculture Code Section 161.002 - Caretaker Of Animal
(a) A person is subject to this chapter as the caretaker of an animal and is presumed to control the animal if the person: (1) ...
- Texas Agriculture Code Section 161.003 - Duty Of County Commissioners Court
(a) The commissioners court of each county shall cooperate with and assist the commission in protecting livestock, domestic animals, and domestic fowl from communicable diseases, ...
- Texas Agriculture Code Section 161.004 - Disposal Of Diseased Livestock Carcass
(a) A person who is the owner or caretaker of livestock that die from a disease listed in Section 161.041 of this code, or who ...
- Texas Agriculture Code Section 161.005 - Commission Written Instruments
(a) The commission may authorize the executive director or another employee to sign written instruments on behalf of the commission. A written instrument, including a ...
- Texas Agriculture Code Section 161.006 - Documents To Accompany Shipment
(a) If this chapter requires that a certificate or permit accompany animals or commodities moved in this state, the document must be: (1) in the ...
- Texas Agriculture Code Section 161.007 - Exposure Or Infection Considered Continuing
If a veterinarian employed by the commission determines that a communicable disease exists among livestock, domestic animals, or domestic fowl or on certain premises or ...
- Texas Agriculture Code Section 161.008 - State Funds Reform Act Applicable
All money paid to the commission under this chapter is subject to Subchapter F, Chapter 404, Government Code. Added by Acts 1995, 74th Leg., ch. ...
- Texas Agriculture Code Section 161.021 - Composition
(a) The commission is composed of 13 commissioners appointed by the governor with the advice and consent of the senate, with the appropriate number from ...
- Texas Agriculture Code Section 161.022 - Term
Commissioners serve for staggered terms of six years, with the terms of four or five members expiring every other year. Acts 1981, 67th Leg., p. ...
- Texas Agriculture Code Section 161.023 - Mandatory Training Program For Commissioners
(a) Before a member of the commission may assume the member's duties and before the member may be confirmed by the senate, the member must ...
- Texas Agriculture Code Section 161.024 - Presiding Officer
The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of ...
- Texas Agriculture Code Section 161.025 - Vacancies
The governor shall fill vacancies by appointment for the unexpired term. Acts 1981, 67th Leg., p. 1395, ch. 388, § 1, eff. Sept. 1, 1981. ...
- Texas Agriculture Code Section 161.026 - Expenses And Per Diem
Each commissioner is entitled to reasonable travel expenses incurred in performing official duties and to the per diem set in the General Appropriations Act for ...
- Texas Agriculture Code Section 161.027 - Sunset Provision
The Texas Animal Health Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the ...
- Texas Agriculture Code Section 161.028 - Restrictions On Commission Appointment, Membership, And Employment
(a) An employee or paid consultant of the Texas Poultry Federation or a statewide Texas trade association in the field of livestock production may not ...
- Texas Agriculture Code Section 161.029 - Removal Of Commission Members
(a) It is a ground for removal from the commission if a member: (1) does not have at the time of appointment the qualifications required ...
- Texas Agriculture Code Section 161.030 - Separation Of Authority
The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and ...
- Texas Agriculture Code Section 161.0305 - Executive Director; Qualifications
The executive director must hold a degree in veterinary medicine. Added by Acts 1999, 76th Leg., ch. 665, § 1, eff. Sept. 1, 1999. ...
- Texas Agriculture Code Section 161.031 - Personnel
(a) The executive director or the executive director's designee shall develop an intraagency career ladder program that addresses opportunities for mobility and advancement for employees ...
- Texas Agriculture Code Section 161.0311 - Acceptance Of Gifts And Grants
(a) The commission may solicit and accept gifts, grants, and donations for the purposes of this chapter. (b) The commission shall report to the legislature ...
- Texas Agriculture Code Section 161.032 - Annual Report
The commission shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the commission during the preceding fiscal ...
- Texas Agriculture Code Section 161.033 - Public Interest Information And Complaints
(a) The commission shall prepare information of public interest describing the functions of the commission and the commission's procedures by which complaints are filed with ...
- Texas Agriculture Code Section 161.034 - Public Meetings
(a) The commission is subject to the open meetings law, Chapter 551, Government Code. (b) The commission shall develop and implement policies that provide the ...
- Texas Agriculture Code Section 161.035 - Advisory Committees
(a) The commission may establish advisory committees as it considers necessary to assist it in developing proposed rules for the regulation of exotic livestock and ...
- Texas Agriculture Code Section 161.036 - Program And Facility Accessibility
The commission shall comply with federal and state laws related to program and facility accessibility. The executive director shall also prepare and maintain a written ...
- Texas Agriculture Code Section 161.037 - Periodic Review Of Agency Functions
(a) The commission shall periodically review services provided by the commission, including laboratory services, that also are provided in the private sector in order to ...
- Texas Agriculture Code Section 161.038 - Administrative Procedure Act Applicable
The commission is subject to the administrative procedure law, Chapter 2001, Government Code. Added by Acts 1995, 74th Leg., ch. 554, § 15, eff. Sept. ...
- Texas Agriculture Code Section 161.041 - Disease Control
(a) The commission shall protect all livestock, domestic animals, and domestic fowl from the following: (1) tuberculosis; (2) anthrax; (3) glanders; (4) infectious abortion; (5) ...
- Texas Agriculture Code Section 161.0411 - Domestic And Exotic Fowl Registration
(a) A seller, distributor, or transporter of live domestic or exotic fowl in this state shall register with the commission under this section. The commission ...
- Texas Agriculture Code Section 161.0415 - Disposal Of Diseased Or Exposed Livestock
(a) The commission by order may require the slaughter of livestock, under the direction of the commission, or the sale of livestock for immediate slaughter ...
- Texas Agriculture Code Section 161.042 - Sale And Distribution Of Veterinary Biologics
The commission may control the sale and distribution of all veterinary biologics except rabies vaccine. Rabies vaccine shall be sold, distributed, dispensed, and administered in ...
- Texas Agriculture Code Section 161.043 - Regulation Of Exhibitions
The commission may regulate the entry of livestock, domestic animals, and domestic fowl into exhibitions, shows, and fairs and may require treatment or certification of ...
- Texas Agriculture Code Section 161.044 - Regulation Of Livestock Movement From Stockyards Or Railway Shipping Pens
The commission may regulate the movement of livestock out of stockyards or railway shipping pens and require treatment or certification of those animals as reasonably ...
- Texas Agriculture Code Section 161.045 - Employees; Chief Veterinarian
The commission may employ personnel as necessary in the administration of this chapter or other duties of the commission, including a chief veterinarian, a first ...
- Texas Agriculture Code Section 161.046 - Rules
The commission may adopt rules as necessary for the administration and enforcement of this chapter. Acts 1981, 67th Leg., p. 1396, ch. 388, § 1, ...
- Texas Agriculture Code Section 161.047 - Entry Power
(a) A commissioner or a veterinarian or inspector employed by the commission may enter public or private property for the exercise of an authority or ...
- Texas Agriculture Code Section 161.048 - Inspection Of Shipment Of Animals Or Animal Products
(a) An agent of the commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state in ...
- Texas Agriculture Code Section 161.049 - Dealer Records
(a) In this section, "dealer" means a person engaged in the business of buying or selling animals in commerce: (1) on the person's own account; ...
- Texas Agriculture Code Section 161.050 - Injunction
The commission is entitled to appropriate injunctive relief to prevent or abate a violation of a statute administered or enforced by the commission or a ...
- Texas Agriculture Code Section 161.051 - Memorandum Of Understanding On Enforcement Of Commission Powers
(a) The commission and the Department of Public Safety by rule shall adopt a joint memorandum of understanding that includes provisions under which Department of ...
- Texas Agriculture Code Section 161.052 - Memorandum Of Understanding On Cooperation With Local Authorities
(a) The commission and the commissioners court of a county by rule may adopt a joint memorandum of understanding that includes provisions under which the ...
- Texas Agriculture Code Section 161.0525 - Memorandum Of Understanding On Cooperation With Other States
The commission by rule, subject to approval by the governor, may adopt a joint memorandum of understanding with another state that includes provisions under which ...
- Texas Agriculture Code Section 161.053 - Cooperative Agreements
The commission may enter into a cooperative agreement with the department to use for animal health purposes livestock export pens controlled by the department. Added ...
- Texas Agriculture Code Section 161.054 - Regulation Of Movement Of Animals; Exception
(a) As a control measure, the commission by rule may regulate the movement of animals. The commission may restrict the intrastate movement of animals even ...
- Texas Agriculture Code Section 161.0545 - Movement Of Animal Products
The commission may adopt rules that require the certification of persons who transport or dispose of inedible animal products, including carcasses, body parts, and waste ...
- Texas Agriculture Code Section 161.055 - Slaughter Plant Collection
(a) The commission may require slaughter plants to collect and submit blood samples and other diagnostic specimens for testing for disease. (b) The commission by ...
- Texas Agriculture Code Section 161.056 - Animal Identification Program
(a) In order to provide for disease control and enhance the ability to trace disease-infected animals or animals that have been exposed to disease, the ...
- Texas Agriculture Code Section 161.057 - Classification Of Areas
(a) The commission by rule may prescribe criteria for classifying areas in the state for disease control. The criteria must be based on sound epidemiological ...
- Texas Agriculture Code Section 161.058 - Compensation Of Livestock Owner
(a) The commission may pay an indemnity to the owner of livestock exposed to or infected with a disease if the commission considers it necessary ...
- Texas Agriculture Code Section 161.059 - Quality Assurance Assistance
On request of an organization representing producers of a commodity in an industry regulated by the commission, the commission may assist in the development, support, ...
- Texas Agriculture Code Section 161.060 - Inspection Fees
The commission may charge a fee, as provided by commission rule, for an inspection made by the commission. Added by Acts 2003, 78th Leg., ch. ...
- Texas Agriculture Code Section 161.0601 - Certificates Of Veterinary Inspection
(a) The commission by rule may provide for the issuance of a certificate of veterinary inspection by a veterinarian to a person transporting livestock, exotic ...
- Texas Agriculture Code Section 161.061 - Establishment
(a) If the commission determines or is informed that a disease listed in Section 161.041 of this code exists in another state, territory, or country, ...
- Texas Agriculture Code Section 161.062 - Publication Of Notice
(a) The commission shall give notice of a quarantine against another state, territory, or country by publishing notice in a newspaper published in Texas. The ...
- Texas Agriculture Code Section 161.063 - Contents Of Notice
(a) A quarantine notice must state the requirements and restrictions under which animals may be permitted to enter this state or to be moved from ...
- Texas Agriculture Code Section 161.064 - Effect Of Quarantine
A quarantine that is established for any location has the effect of quarantining all livestock, domestic animals, or domestic fowl of the kind mentioned in ...
- Texas Agriculture Code Section 161.065 - Movement From Quarantined Area; Movement Of Quarantined Animals
(a) Except as provided by Subsection (b) of this section, a person, in violation of a quarantine, may not: (1) move livestock, domestic animals, or ...
- Texas Agriculture Code Section 161.081 - Importation Of Animals
(a) The commission by rule may regulate the movement, including movement by a railroad company or other common carrier, of livestock, exotic livestock, domestic animals, ...
- Texas Agriculture Code Section 161.101 - Duty To Report
(a) A veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal shall report the existence of the following ...
- Texas Agriculture Code Section 161.102 - Submission Of Specimen Of Anthrax Victim
Immediately after pronouncing that an animal has died from anthrax, as evidenced by a clinical or postmortem examination, a veterinarian shall prepare and submit to ...
- Texas Agriculture Code Section 161.103 - Notice Of Required Method Of Disposal
A veterinarian who knows or suspects that livestock or domestic fowl have died from anthrax or ornithosis shall inform the owner or caretaker of the ...
- Texas Agriculture Code Section 161.111 - Definition
In this subchapter, "livestock market" means a stockyard, sales pavilion, or sales ring where livestock, exotic livestock, or exotic fowl are assembled or concentrated at ...
- Texas Agriculture Code Section 161.112 - Rules
(a) Following notice and public hearing, the commission shall adopt rules relating to the movement of livestock, exotic livestock, and exotic fowl from livestock markets ...
- Texas Agriculture Code Section 161.113 - Testing Or Treatment Of Livestock
(a) If the commission requires testing or vaccination under this subchapter, the testing or vaccination must be performed by an accredited veterinarian or qualified person ...
- Texas Agriculture Code Section 161.114 - Inspection Of Livestock
An authorized inspector may examine livestock consigned to and delivered on the premises of a livestock market before the livestock are offered for sale. If ...
- Texas Agriculture Code Section 161.115 - Entry Power
An agent of the commission is entitled to enter any livestock market for the exercise of authority or performance of a duty under this subchapter. ...
- Texas Agriculture Code Section 161.116 - Sale Or Delivery Of Diseased Cattle
(a) In this action, "diseased" means affected by actinobacillosis, actinomycosis, carcinoma, mastitis, or any other disease that renders the carcass of an animal potentially dangerous ...
- Texas Agriculture Code Section 161.131 - Injunction
(a) Any citizen of this state may sue for an injunction to enforce a provision or restrain a violation of this chapter other than Section ...
- Texas Agriculture Code Section 161.132 - Civil Suit Against Nonresident Violator
(a) If a person who commits an offense under Section 161.135, 161.136, 161.137, 161.138, 161.141, or 161.143 of this code is not a resident of ...
- Texas Agriculture Code Section 161.133 - Violation By Corporation
If a corporation, including a railroad company or a common carrier, violates a provision of this chapter other than Section 161.048, Subchapter F, or Subchapter ...
- Texas Agriculture Code Section 161.134 - Proof Of Treatment Or Vaccination
In the trial of any case involving the compliance of an owner or caretaker with a provision of this chapter requiring the treatment, vaccination, dipping, ...
- Texas Agriculture Code Section 161.135 - Improper Disposal Of Diseased Carcass
(a) A person required to dispose of a diseased carcass in accordance with Section 161.004 of this code commits an offense if the person fails ...
- Texas Agriculture Code Section 161.136 - Entry Of Animals In Exhibition Without Certificate
(a) A person commits an offense if, without a certificate required by rule of the commission under Section 161.043 of this code, the person: (1) ...
- Texas Agriculture Code Section 161.137 - Movement Of Animals From Stockyard Or Railway Shipping Pen Without Certificate
(a) A person commits an offense if the person: (1) removes livestock from a stockyard or railway shipping pen without a certificate required by rule ...
- Texas Agriculture Code Section 161.138 - Refusal To Permit Entrance
(a) A person commits an offense if the person refuses to permit a representative of the commission to enter property or premises of which the ...
- Texas Agriculture Code Section 161.139 - Refusal To Permit Inspection Of Shipment
(a) A person commits an offense if the person: (1) refuses to permit inspection of animals under Section 161.048 of this code; or (2) fails ...
- Texas Agriculture Code Section 161.140 - Refusal To Permit Examination Of Animal Or Carcass
(a) A person commits an offense if the person: (1) refuses to allow the commission or an agent of the commission to examine an animal ...
- Texas Agriculture Code Section 161.1405 - Refusal To Provide Access To Animal
(a) A person who is the owner or caretaker of livestock, exotic livestock, fowl, or exotic fowl commits an offense if the person knowingly refuses ...
- Texas Agriculture Code Section 161.141 - Movement In Violation Of Quarantine
(a) A person commits an offense if the person violates Section 161.065(a)(1) or (a)(2) of this code or, as owner or caretaker of the livestock, ...
- Texas Agriculture Code Section 161.142 - Sale Or Movement Of Animal With Glanders
(a) A person commits an offense if the person: (1) wilfully fails or refuses to place in secure confinement apart from all other livestock an ...
- Texas Agriculture Code Section 161.143 - Importation Of Animals
(a) A person, including a railroad company or other common carrier, commits an offense if the person knowingly moves an animal into this state in ...
- Texas Agriculture Code Section 161.145 - Veterinarian Failure To Report Diseased Animals
(a) A person commits an offense if, as a veterinarian, the person wilfully fails or refuses to comply with a provision of Subchapter F of ...
- Texas Agriculture Code Section 161.146 - Compliance With Livestock Market Regulation
(a) A person commits an offense if the person, as owner or operator of a livestock market, fails or refuses to furnish adequate facilities in ...
- Texas Agriculture Code Section 161.147 - Failure To Maintain Dealer Records
(a) A person commits an offense if the person fails to maintain or permit the inspection of a record required under Section 161.049 of this ...
- Texas Agriculture Code Section 161.148 - Administrative Penalty
(a) The commission may impose an administrative penalty against a person who violates a rule or order adopted under this subtitle. (b) The penalty for ...
- Texas Agriculture Code Section 161.149 - Test For Equine Infectious Anemia
(a) In this section, "equine animal" includes horses, mules, asses, ponies, and other members of the horse family, but does not include zebras. (b) A ...
- Texas Agriculture Code Section 162.001 - Definitions
(a) In this chapter: (1) "Caretaker" has the meaning assigned by Section 161.002 of this code. (2) "Commission" means the Texas Animal Health Commission. (b) ...
- Texas Agriculture Code Section 162.002 - Cooperative Program
(a) The commission may cooperate with the United States Department of Agriculture and the county commissioners courts in a cooperative program for the eradication of ...
- Texas Agriculture Code Section 162.003 - Testing
The commission by rule shall prescribe the manner, method, and system of testing cattle for tuberculosis under a cooperative program. Acts 1981, 67th Leg., p. ...
- Texas Agriculture Code Section 162.004 - Certificate Of Test Or Vaccination Of Cattle Or Other Animals
(a) For each tuberculosis test performed on cattle, hogs, or fowl, a veterinarian shall file a certificate with the commission that identifies the animals tested ...
- Texas Agriculture Code Section 162.005 - Identification Of Cattle
If cattle examined by a veterinarian show a positive reaction to the tuberculin test or show evidence of tuberculosis infection by clinical or laboratory examination, ...
- Texas Agriculture Code Section 162.006 - Quarantine
(a) The commission shall immediately quarantine cattle and the premises on which the cattle are located if the cattle show a positive reaction when tested ...
- Texas Agriculture Code Section 162.009 - Tuberculosis Modified Accredited Advanced And Tuberculosis Free Areas
(a) As part of a cooperative program, the commission or its representative may examine, test, and retest any cattle in this state as necessary to ...
- Texas Agriculture Code Section 162.010 - Duty Of Owner Or Caretaker To Assist; Notice
(a) On written notice by the commission or its representative, the owner, part owner, or caretaker of cattle shall assemble and submit the cattle for ...
- Texas Agriculture Code Section 162.011 - Penalty For Veterinarian's Failure To File Certificate Or To Identify Animals
(a) A person commits an offense if, as a veterinarian, the person: (1) fails to file a certificate under Section 162.004 or a report under ...
- Texas Agriculture Code Section 162.012 - Penalty For Movement Or Sale Of Quarantined Or Diseased Cattle
(a) A person commits an offense if the person moves, sells, trades, barters, grants, or loans animals in violation of Section 162.006(b) . (b) An ...
- Texas Agriculture Code Section 162.013 - Penalty For Owner's Or Caretaker's Failure To Assist
(a) A person commits an offense if, as the owner, part owner, or caretaker of cattle, the person fails or refuses to assemble the cattle ...
- Texas Agriculture Code Section 162.014 - Review Of Current Tuberculosis Programs And Implementation Of Improved Program
(a) The following agencies, colleges, and services jointly shall conduct a review of the state's current programs to research, control, and eradicate animal tuberculosis in ...
- Texas Agriculture Code Section 163.001 - Definitions
(a) In this chapter: (1) "Caretaker" has the meaning assigned by Section 161.002 of this code. (2) "Commission" means the Texas Animal Health Commission. (b) ...
- Texas Agriculture Code Section 163.002 - Cooperative Program
In order to bring about effective control of bovine brucellosis, to allow Texas cattle to move in interstate and international commerce with the fewest possible ...
- Texas Agriculture Code Section 163.003 - Fees
The commission may establish fees in amounts necessary to cover the cost of administering this chapter when combined with funds received from other sources. Added ...
- Texas Agriculture Code Section 163.021 - Classification Of Areas
(a) The commission by rule may prescribe criteria for classifying areas in the state for purposes of brucellosis control. The commission may prescribe differing control ...
- Texas Agriculture Code Section 163.061 - Rules; Reports
Following notice and a hearing, the commission may adopt rules and require reports and records as necessary to carry out Subchapters A-D of this chapter, ...
- Texas Agriculture Code Section 163.062 - Employees
The commission may employ personnel, including veterinarians, inspectors, stenographers, and clerks, as necessary to the enforcement of Subchapters A-D of this chapter or the performance ...
- Texas Agriculture Code Section 163.063 - Entry Power
(a) A representative of the commission, including a member of the commission, is entitled to enter any public or private property for the exercise of ...
- Texas Agriculture Code Section 163.064 - Testing And Vaccination
(a) Only a person approved by the commission may perform testing and vaccinating for brucellosis, regardless of whether the person is a veterinarian. (b) The ...
- Texas Agriculture Code Section 163.065 - Branding And Handling Of Diseased Cattle
(a) If a tested animal shows evidence of infection with brucellosis, the person performing the test shall handle the animal in accordance with the rules ...
- Texas Agriculture Code Section 163.066 - Regulation Of Movement Of Cattle; Exception
(a) As a control measure, the commission by rule may regulate the movement of cattle. The commission may restrict the intrastate movement of cattle even ...
- Texas Agriculture Code Section 163.069 - Individual Herd Plans
(a) The commission by rule may provide for the handling and treatment of individual herds in which testing or epidemiology has produced evidence of infection ...
- Texas Agriculture Code Section 163.070 - Required Assistance
If ordered by the commission or its representative, the owner or caretaker of cattle shall submit the cattle and furnish labor and facilities used in ...
- Texas Agriculture Code Section 163.072 - Blood Samples
(a) The commission may require slaughter plants to collect and submit blood samples for brucellosis testing. (b) The commission by rule shall determine the method ...
- Texas Agriculture Code Section 163.081 - Refusal To Vaccinate Female Calves
(a) A person commits an offense if the person refuses to vaccinate a female calf owned by that person in accordance with the rules of ...
- Texas Agriculture Code Section 163.082 - Refusal Of Owner To Assist
(a) A person who is the owner of cattle commits an offense if the person knowingly refuses to gather cattle or to furnish necessary labor ...
- Texas Agriculture Code Section 163.083 - Refusal Of Entry
(a) A person commits an offense if the person refuses to permit a representative of the commission to enter property or premises of which the ...
- Texas Agriculture Code Section 163.084 - Movement Of Cattle In Violation Of Commission Rule
(a) A person, including a railway or a common carrier, commits an offense if the person knowingly moves an animal in violation of a rule ...
- Texas Agriculture Code Section 163.085 - Failure To Properly Handle Infected Animal
(a) A person commits an offense if the person knowingly refuses to handle in accordance with the rules of the commission an animal that the ...
- Texas Agriculture Code Section 163.086 - Sale Of Infected Cattle
(a) A person commits an offense if the person sells or otherwise disposes of an animal for purposes other than slaughter that the person knows ...
- Texas Agriculture Code Section 163.087 - Improper Sale Or Use Of Vaccine Or Antigen
(a) A person commits an offense if the person sells or administers a brucellosis antigen or vaccine in violation of Section 163.064 of this code. ...
- Texas Agriculture Code Section 164.001 - Definitions
In this chapter: (1) "Commission" means the Texas Animal Health Commission. (2) "Inspector" means an inspector employed by the commission, including the chief inspector, a ...
- Texas Agriculture Code Section 164.002 - Scabies Infection Or Exposure
(a) For purposes of this chapter, cattle or sheep are scabies-infected if: (1) actually infected with scabies; or (2) in a herd in which scabies ...
- Texas Agriculture Code Section 164.003 - Inspectors
(a) For the purpose of eradicating scabies, the commission may employ a chief inspector, district supervising inspectors, and local inspectors. (b) The chief inspector shall ...
- Texas Agriculture Code Section 164.004 - Duties Of Inspectors
(a) All dippings, inspections, and certifications for scabies eradication and the disinfection of cars, sheds, boats, chutes, alleys, platforms, pens, or yards required by this ...
- Texas Agriculture Code Section 164.005 - Entry Power
(a) An inspector is entitled to enter any public or private place where cattle or sheep are kept or ranged for the purpose of: (1) ...
- Texas Agriculture Code Section 164.006 - Actions Of Commission
The presiding officer of the commission may perform any act or duty of the commission under this chapter. Acts 1981, 67th Leg., p. 1421, ch. ...
- Texas Agriculture Code Section 164.021 - Dipping Required On Order Of Commission
(a) The commission by written order may direct a person who owns, controls, or cares for cattle or sheep that are scabies-infected or are exposed ...
- Texas Agriculture Code Section 164.022 - Hearing
(a) Not later than the fifth day following the day on which a person receives an order to dip cattle or sheep, the person may ...
- Texas Agriculture Code Section 164.023 - Method Of Dipping
If the commission requires the dipping of animals under this chapter, the animals shall be submerged in a vat, sprayed, or treated in another sanitary ...
- Texas Agriculture Code Section 164.024 - Dipping Intervals
(a) For psoroptic scabies infection or exposure, cattle or sheep shall be dipped at intervals of not less than 10 days nor more than 14 ...
- Texas Agriculture Code Section 164.025 - Dip Solutions For Sheep
(a) For scabies infection or exposure, sheep must be dipped in: (1) a solution of lime and sulphur prepared as provided by this section; or ...
- Texas Agriculture Code Section 164.026 - Dip Solutions For Cattle
(a) For psoroptic scabies infection or exposure, cattle must be dipped in a solution provided by Section 164.025 of this code for sheep, except that ...
- Texas Agriculture Code Section 164.027 - Dipping Of Goats
A person shall dip goats ranging with scabies-infected sheep at least once in the same solution and in the same manner provided for the sheep, ...
- Texas Agriculture Code Section 164.028 - Dipping At Expense Of County
If a person ordered to dip cattle or sheep under this chapter fails or refuses to dip the animals, the county commissioners court shall provide ...
- Texas Agriculture Code Section 164.041 - Establishment
(a) If the commission determines or is informed that scabies exists among cattle in another state, territory, or country, the commission shall establish a quarantine ...
- Texas Agriculture Code Section 164.042 - Notice
The commission shall give notice of a quarantine established under Section 164.041(b) of this code in one of the following manners: (1) by posting written ...
- Texas Agriculture Code Section 164.043 - Effect Of Quarantine
If a county or area is quarantined under Section 164.041(b) of this code, all premises within the county or area and all cattle and sheep ...
- Texas Agriculture Code Section 164.044 - Movement From Quarantined Premises; Movement Of Quarantined Animals
(a) A person may not move or permit to be moved cattle or sheep that are under quarantine for scabies infection or exposure or that ...
- Texas Agriculture Code Section 164.045 - Disinfection Of Shearing Plant In Quarantined Area
(a) If scabies-infected sheep located on premise quarantined for sheep scabies infection are shorn by an itinerant shearing plant or crew, the person owning, controlling, ...
- Texas Agriculture Code Section 164.046 - Disinfection Of Quarantined Premises
(a) In accordance with this section, the owner, lessee, or person in charge of premises quarantined for sheep scabies shall cleanse and disinfect all places ...
- Texas Agriculture Code Section 164.062 - Certificate Required
(a) A person may not import sheep into this state unless the shipment is accompanied by a certificate certifying that: (1) the sheep are free ...
- Texas Agriculture Code Section 164.063 - Quarantine Of Imported Sheep
If the certificate for a shipment of sheep shows that the sheep were dipped at the point of origin in accordance with Section 164.062(a)(2) of ...
- Texas Agriculture Code Section 164.064 - Designation Of Infected Or Free Areas; Dipping Requirements
The commission may adopt rules designating areas as infected or free from infection and shall establish dipping requirements for the importation of sheep into this ...
- Texas Agriculture Code Section 164.065 - Exhibitions
The commission shall provide an importer of show sheep a reasonable length of time, not to exceed 60 days after the date of importation, in ...
- Texas Agriculture Code Section 164.082 - Civil Suits To Recover Penalty For Corporate Offense
If the person who commits an offense under this subchapter is a corporation, the county attorney of the county in which the offense occurred shall ...
- Texas Agriculture Code Section 164.083 - Failure To Dip For Scabies
(a) A person commits an offense if the person: (1) owns, controls, or cares for cattle or sheep infected with scabies or cattle or sheep ...
- Texas Agriculture Code Section 164.084 - Movement Of Infected, Exposed, Or Quarantined Animals
(a) A person commits an offense if the person: (1) moves cattle or sheep in violation of Section 164.044(a) of this code; or (2) moves ...
- Texas Agriculture Code Section 164.085 - Refusal To Permit Entry Or Gather Animals For Inspection
(a) A person commits an offense if the person: (1) refuses to permit an inspector to enter any premises of which the person is the ...
- Texas Agriculture Code Section 164.086 - Failure To Disinfect Shearing Plant
(a) A person commits an offense if the person fails or refuses to disinfect all or part of a shearing plant, or the wearing apparel ...
- Texas Agriculture Code Section 164.087 - Failure To Properly Disinfect Quarantined Premises
(a) A person commits an offense if the person violates a provision of Section 164.046 of this code. (b) An offense under this section is ...
- Texas Agriculture Code Section 164.088 - Importation Of Sheep Without Certificate Or Permit
(a) A person commits an offense if the person imports sheep into this state in violation of Subchapter D of this chapter. (b) An offense ...
- Texas Agriculture Code Section 165.001 - Definition
In this chapter, "commission" means the Texas Animal Health Commission. Acts 1981, 67th Leg., p. 1428, ch. 388, § 1, eff. Sept. 1, 1981. ...
- Texas Agriculture Code Section 165.002 - Owner Treatment
Except as otherwise provided by law, a person may vaccinate, inoculate, or treat hogs owned by that person with hog cholera virus or serum or ...
- Texas Agriculture Code Section 165.003 - Sale Or Distribution Of Unattenuated Hog Cholera Virus
(a) A person may not sell, offer for sale, barter, exchange, or give away unattenuated hog cholera virus. (b) This section does not prohibit: (1) ...
- Texas Agriculture Code Section 165.021 - Cooperation With U.S. Department Of Agriculture
The commission may cooperate with the United States Department of Agriculture in the eradication of vesicular exanthema, foot and mouth disease of swine, hog cholera, ...
- Texas Agriculture Code Section 165.022 - Method Of Disease Eradication
Following notice and public hearing, the commission shall adopt rules for the enforcement of this subchapter, including rules providing for the manner, method, and system ...
- Texas Agriculture Code Section 165.023 - Use Of Biologics
The commission shall adopt rules governing the use of biologics as a protection against dissemination of communicable swine diseases. Acts 1981, 67th Leg., p. 1429, ...
- Texas Agriculture Code Section 165.026 - Feeding Garbage To Swine
(a) A person may not feed restricted garbage to swine or provide restricted garbage to any person for the purpose of feeding swine, except that ...
- Texas Agriculture Code Section 165.027 - Entry Power
(a) A representative of the commission, including a member of the commission, is entitled to enter the premises of any person for the purpose of ...
- Texas Agriculture Code Section 165.041 - General Penalty
(a) A person commits an offense if the person violates a provision of Subchapter B of this chapter or a rule adopted under that subchapter. ...
- Texas Agriculture Code Section 165.042 - Sale Of Unattenuated Hog Cholera Virus
(a) A person commits an offense if the person violates Section 165.003 of this code. (b) An offense under this section is a Class B ...
- Texas Agriculture Code Section 167.001 - Definitions
In this chapter: (1) "Commission" means the Texas Animal Health Commission. (2) "Enclosure" includes a pasture, pen, or lot. (3) "Inspector" means an inspector of ...
- Texas Agriculture Code Section 167.002 - Caretaker Of Animal
A person is subject to this chapter as the caretaker of an animal if the person: (1) is the owner, part owner, lessee, occupant, or ...
- Texas Agriculture Code Section 167.003 - General Powers And Duties Of Commission
(a) In accordance with this chapter, the commission shall eradicate all ticks capable of carrying Babesia in this state and shall protect all land, premises, ...
- Texas Agriculture Code Section 167.004 - Classification Of Animals Or Premises As Infested, Exposed, Or Free From Exposure
(a) If a tick is found on a head of livestock, the following are classified as tick infested: (1) each head of livestock that is ...
- Texas Agriculture Code Section 167.005 - Eradication, Free, And Inactive Quarantine Areas
(a) The tick eradication area is composed of counties and parts of counties designated for tick eradication under Section 167.006 of this code. (b) The ...
- Texas Agriculture Code Section 167.006 - Designation Of Tick Eradication Area
(a) The commission may designate for tick eradication any county or part of a county that the commission determines may contain ticks. (b) The commission ...
- Texas Agriculture Code Section 167.007 - Tick Eradication In Free Area
(a) The commission may conduct tick eradication in the free area and may establish quarantines and require the dipping of livestock in the free area ...
- Texas Agriculture Code Section 167.008 - Inspections
The commission may order the owner, part owner, or caretaker of livestock to gather the livestock for inspection at a time and place prescribed in ...
- Texas Agriculture Code Section 167.021 - General Quarantine Power
(a) The commission may establish quarantines on land, premises, and livestock as necessary for tick eradication. (b) The commission in writing may release a quarantine ...
- Texas Agriculture Code Section 167.022 - Quarantine Of Tick Eradication Area
(a) The order designating a county or part of a county for tick eradication shall contain a provision quarantining that county or part of a ...
- Texas Agriculture Code Section 167.023 - Quarantine Of Free Area
(a) The commission by written order may establish a quarantine in the free area if necessary for the purpose of regulating the handling of livestock ...
- Texas Agriculture Code Section 167.024 - Movement In Or From Quarantined Area
(a) Unless a person first obtains a permit or a certificate from an authorized inspector, the person may not move livestock in a quarantined area: ...
- Texas Agriculture Code Section 167.025 - Movement In Or From Inactive Quarantined Area
A person may not move livestock or permit livestock to be moved from or within the inactive quarantined area except in accordance with the rules ...
- Texas Agriculture Code Section 167.026 - Movement Into This State From Quarantined Area
(a) A person may not move livestock, or permit livestock of which the person is the owner, part owner, or caretaker to be moved, into ...
- Texas Agriculture Code Section 167.027 - Permit Or Certificate To Accompany Movement
(a) A certificate or permit required for movement of livestock within or into this state must be in the possession of the person in charge ...
- Texas Agriculture Code Section 167.028 - Statement Of Possession And Destination
On request of an inspector, the owner, part owner, or caretaker, or a person accompanying and connected with a shipment, of livestock that are being ...
- Texas Agriculture Code Section 167.029 - Conditions, Manner, And Method Of Moving And Handling
(a) The commission by rule shall provide the conditions for and the manner and method of handling and moving livestock: (1) into, in, and from ...
- Texas Agriculture Code Section 167.030 - Disinfection Of Conveyance
(a) A person, including a railway or transportation company, who operates a conveyance into which livestock are loaded shall clean and disinfect each car or ...
- Texas Agriculture Code Section 167.031 - Use Of Sand As Bedding In Conveyance
The commission may establish quarantines and restrict the use of sand as bedding in a livestock conveyance except for sand from known tick-free sand pits. ...
- Texas Agriculture Code Section 167.032 - Movement Of Commodities
The commission may establish quarantines and restrict the movement from quarantined areas of hay, hides, carcasses, or other commodities that are capable of carrying ticks. ...
- Texas Agriculture Code Section 167.033 - Handling And Removal Of Refuse Or Dead Or Injured Livestock
The commission may establish quarantines and regulate the removal and handling of refuse matter from quarantined stockyards, quarantined stock pens, and other quarantined places and ...
- Texas Agriculture Code Section 167.051 - Livestock Subject To Dipping
(a) Livestock located in the tick eradication area are subject to dipping if the livestock: (1) are infested with ticks; (2) were exposed to ticks ...
- Texas Agriculture Code Section 167.052 - Order To Dip
(a) The commission may order the owner, part owner, or caretaker of livestock to dip the livestock in accordance with the directions of the commission. ...
- Texas Agriculture Code Section 167.053 - Hearing
(a) A person is entitled to request and obtain a hearing for the purpose of protesting an order to dip by filing a sworn application ...
- Texas Agriculture Code Section 167.054 - Excuse From Compliance With Order
The supervising inspector of a county for good cause may excuse a person from complying with an order to dip, but shall be held responsible ...
- Texas Agriculture Code Section 167.055 - Persons Responsible For Dipping And Assistance
(a) A person who owns any interest in livestock subject to dipping or who is the caretaker of that livestock is responsible for the dipping ...
- Texas Agriculture Code Section 167.056 - Manner Of Dipping
If the commission requires livestock to be dipped, the livestock shall be submerged in a vat, sprayed, or treated in another sanitary manner prescribed by ...
- Texas Agriculture Code Section 167.057 - Dipping Materials
(a) The commission shall prescribe by rule the official materials in which livestock are to be dipped under this chapter. A person may not dip ...
- Texas Agriculture Code Section 167.058 - Dipping Intervals
A person to whom an order to dip is directed shall dip the livestock on the dates specified in the order, but the order of ...
- Texas Agriculture Code Section 167.059 - Dipping Facilities
(a) The commissioners court of each county, including a county in the free area, in all or part of which the commission conducts tick eradication ...
- Texas Agriculture Code Section 167.060 - Dipping Required For Movement From Quarantined Area
(a) An inspector may not issue a certificate or permit for the movement of livestock from a quarantined enclosure unless the owner or caretaker of ...
- Texas Agriculture Code Section 167.081 - Designation Of Facility To Handle Certified Livestock
(a) The commission may designate a stockyard that is in the tick eradication area or in the free area and is open to the public ...
- Texas Agriculture Code Section 167.082 - Notice And Hearing
(a) The commission shall give written notice of a designation under this subchapter to the stockyard company or to the owner, operator, or other person ...
- Texas Agriculture Code Section 167.083 - Maintenance Of Tick-Free Facilities
(a) A person who owns or operates and is in control of a stockyard designated under this subchapter shall maintain clean and tick-free facilities, including ...
- Texas Agriculture Code Section 167.101 - Inspectors
(a) The commissioners court of a county in which the commission conducts tick eradication may nominate the number of local inspectors found by the commission ...
- Texas Agriculture Code Section 167.102 - Entry Power
(a) A commissioner or an inspector, and assistants, may enter public or private property, without a warrant, for the exercise of an authority or performance ...
- Texas Agriculture Code Section 167.103 - Dipping Of Cattle By Peace Officer On Request Of Inspector
(a) If a person responsible for dipping livestock fails to dip the livestock at the time and place directed in the order or, prior to ...
- Texas Agriculture Code Section 167.104 - Seizure And Disposal Of Livestock Running At Large
(a) An inspector may request a peace officer to seize livestock if: (1) the inspector determines the livestock to be running at large or on ...
- Texas Agriculture Code Section 167.105 - Seizure And Disposal Of Livestock Moved In Violation Of Quarantine
(a) An inspector who discovers livestock that are being or have been moved in violation of a quarantine may request a peace officer to seize ...
- Texas Agriculture Code Section 167.106 - Injunction; Mandamus
(a) The commission or a resident of this state may sue for an injunction to compel compliance with a provision of this chapter or to ...
- Texas Agriculture Code Section 167.107 - Sale Of Livestock Dipped Or Seized By Peace Officer
(a) A peace officer who gathers and dips or who seizes and impounds or disposes of livestock under Section 167.103, 167.104, or 167.105 of this ...
- Texas Agriculture Code Section 167.108 - Liens
(a) A peace officer who gathers and dips or who seizes and impounds or disposes of livestock under Section 167.103, 167.104, or 167.105 of this ...
- Texas Agriculture Code Section 167.109 - Admissibility Of Commission Instruments; Identification In Complaint
(a) A copy of a written instrument issued by the commission is admissible as evidence in any court of this state if the copy is ...
- Texas Agriculture Code Section 167.110 - Presumption Of Existence Or Sufficiency Of Dip
(a) In the trial of any case under this chapter in connection with the dipping of livestock or the failure to dip livestock, it is ...
- Texas Agriculture Code Section 167.111 - Presumption Of Ownership Or Care
(a) If an inspector determines that a person is the owner, part owner, or caretaker of livestock subject to dipping and an order to dip ...
- Texas Agriculture Code Section 167.112 - Venue Of Criminal Prosecution
The owner, part owner, or caretaker of livestock is subject to prosecution under this chapter in the county in which the livestock and the premises ...
- Texas Agriculture Code Section 167.113 - Civil Suit Against Corporate Offender
If a corporation or an agent of the corporation acting within the agent's scope of authority commits an offense under this chapter, the county attorney ...
- Texas Agriculture Code Section 167.131 - Refusal Of Inspection
(a) A person commits an offense if, as the owner, part owner, or caretaker of livestock, the person fails to gather the livestock for inspection ...
- Texas Agriculture Code Section 167.132 - Movement Of Livestock In Violation Of Quarantine
(a) A person commits an offense if the person moves, or as owner, part owner, or caretaker permits the movement of, livestock from any land, ...
- Texas Agriculture Code Section 167.133 - Movement Of Animals Or Commodities Into Texas From Quarantined Area
(a) A person commits an offense if the person: (1) moves livestock or, as owner, part owner, or caretaker, permits livestock to be moved into ...
- Texas Agriculture Code Section 167.134 - Movement Of Livestock In Violation Of Permit Or Certificate
(a) A person commits an offense if the person moves or, as owner, part owner, or caretaker, permits the movement of, livestock under a certificate ...
- Texas Agriculture Code Section 167.135 - Failure To Possess Or Exhibit Permit Or Certificate
(a) A person commits an offense if the person is in charge of livestock for which a certificate or permit is required or is in ...
- Texas Agriculture Code Section 167.136 - Failure To Make Statement Of Possession And Destination; Making False Statement
(a) A person required by Section 167.028 of this code to make a written statement commits an offense if the person: (1) fails or refuses ...
- Texas Agriculture Code Section 167.137 - Failure To Disinfect Conveyance
(a) A person required by Section 167.030 of this code to clean and disinfect a conveyance commits an offense if the person fails or refuses ...
- Texas Agriculture Code Section 167.138 - Use Of Sand As Bedding
(a) A person commits an offense if the person uses sand as bedding in a livestock conveyance in violation of a quarantine established or a ...
- Texas Agriculture Code Section 167.139 - Movement Of Commodities From Quarantined Area
(a) A person commits an offense if the person moves a commodity capable of carrying ticks from a quarantined area in violation of a quarantine ...
- Texas Agriculture Code Section 167.140 - Improper Handling And Removal Of Livestock Refuse Or Dead Or Injured Livestock
(a) A person commits an offense if the person violates a quarantine established or a commission rule adopted under Section 167.033 of this code. (b) ...
- Texas Agriculture Code Section 167.141 - Failure To Dip Livestock
(a) A person who is the owner, part owner, or caretaker of livestock commits an offense if, after the 12th day following the day on ...
- Texas Agriculture Code Section 167.142 - Destruction Of Public Dipping Facilities
(a) A person commits an offense if the person, without lawful authority: (1) damages or destroys all or part of a dipping vat, pen, chute, ...
- Texas Agriculture Code Section 167.143 - Failure To Provide Tick-Free Stockyard Facilities
(a) A stockyard company or an owner, operator, or person in charge of a stockyard commits an offense if the person fails or refuses to ...
- Texas Agriculture Code Section 167.144 - Refusal To Permit Search
(a) A person commits an offense if the person refuses to permit a person to whom a search warrant is issued under Section 167.102 of ...
- Texas Agriculture Code Section 168.001 - Definitions
In this chapter: (1) "Commission" means the Texas Animal Health Commission. (2) "Laboratory" means the Texas Veterinary Medical Diagnostic Laboratory. (3) "Flock" means poultry and ...
- Texas Agriculture Code Section 168.002 - Control And Eradication Program
The laboratory shall promulgate and administer a program to control and eradicate pullorum disease and fowl typhoid, with standards at least as stringent as those ...
- Texas Agriculture Code Section 168.003 - Administration Of Program; Search Warrant
(a) In administering the program, the laboratory may: (1) require the registration of hatcheries and hatchery supply flocks; (2) examine, test, monitor, and collect samples ...
- Texas Agriculture Code Section 168.004 - Quarantine And Disposal
(a) If the laboratory determines that any part of a flock is infected, it shall certify that information to the commission, and the commission shall ...
- Texas Agriculture Code Section 168.005 - Public Exhibition
A person may not enter poultry in public exhibition unless the stock originates from a flock or hatchery free of pullorum disease and fowl typhoid ...
- Texas Agriculture Code Section 168.006 - Assistance By Flock Owner
The owner of a flock shall assist the laboratory and the commission in handling the poultry and shall pen and present the flock on request. ...
- Texas Agriculture Code Section 168.007 - No Fee Charged
Neither the laboratory nor the commission may charge a fee for testing or laboratory examination provided for under this chapter. Acts 1981, 67th Leg., p. ...
- Texas Agriculture Code Section 168.008 - Penalty
(a) A person commits an offense if the person refuses to: (1) comply with an order of the commission or laboratory concerning an infected flock; ...
- Texas Agriculture Code Section 181.001 - Definitions
In this chapter: (1) "Cooperative association" means any group in which farmers act together in the market preparation, processing, or marketing of farm products or ...
- Texas Agriculture Code Section 181.0015 - Applicability Of Chapter
When a dairy farmer sells or markets milk through a cooperative association of which the dairy farmer is a member, the cooperative association is considered ...
- Texas Agriculture Code Section 181.002 - Payments Held In Trust
(a) Except as provided by Subsections (b) and (g) of this section, a milk processor shall hold in trust all payments received from the sale ...
- Texas Agriculture Code Section 181.003 - Time And Method Of Payment For Purchase
(a) A milk processor may not purchase raw milk from a dairy farmer unless: (1) payment of the purchase price is made according to the ...
- Texas Agriculture Code Section 181.004 - Cooperative Transactions
This chapter does not apply to transactions between a cooperative association, while acting as a marketing agent, and its members. Added by Acts 1987, 70th ...
- Texas Agriculture Code Section 181.005 - Damages
A milk processor who fails to pay for raw milk as provided by this chapter is liable to the dairy farmer for: (1) the purchase ...
- Texas Agriculture Code Section 188.001 - Definitions
In this chapter: (1) "Animal feed" includes: (A) commercial feed as described by Section 141.002(a), including a substance listed by Section 141.002(c) if used as ...
- Texas Agriculture Code Section 188.002 - Proceeds
(a) For the purposes of this chapter, proceeds are the amounts received by a lien debtor, before a deduction for taxes, fees, or assessments or ...
- Texas Agriculture Code Section 188.006 - Notice Before Purchase; Required Notice Before Claiming Lien
(a) A person claiming a lien under this chapter must have provided notice of the provisions of this chapter, before purchase, either generally to purchasers ...
- Texas Agriculture Code Section 188.007 - Attachment Of Lien
(a) A lien established under this chapter attaches to the proceeds described by Section 188.002. (b) A lien established under this chapter attaches on the ...
- Texas Agriculture Code Section 188.008 - Amount Of Lien
The amount of a lien under this chapter is equal to the sum of: (1) the amount of the unpaid reasonable or agreed charges for ...
- Texas Agriculture Code Section 188.009 - Person Entitled To File; Exception
(a) Except as provided by Subsection (b) or by Section 188.047, a person who provides animal feed may file a notice of claim of lien ...
- Texas Agriculture Code Section 188.010 - Perfection Of Lien
A lien created under this chapter is perfected on the filing of a notice of claim of lien with the secretary of state as provided ...
- Texas Agriculture Code Section 188.011 - Duration Of Notice Of Claim Of Lien
(a) Except as otherwise provided by this chapter, the notice of claim of lien is effective, and a new notice of claim of lien is ...
- Texas Agriculture Code Section 188.012 - Procedures For Settlement Of Disputes
(a) The commissioner of agriculture by rule shall establish a procedure to settle a dispute between a claimant supplying animal feed and labor and a ...
- Texas Agriculture Code Section 188.013 - Contents Of Notice Of Claim Of Lien
The notice of claim of lien must include: (1) the name and address of the lien claimant; (2) the name and address of the lien ...
- Texas Agriculture Code Section 188.014 - Signature
The notice of claim of lien shall be signed by the lien claimant or by a person authorized to sign documents of a similar kind ...
- Texas Agriculture Code Section 188.015 - Form
(a) The notice of claim of lien must be filed on a form that satisfies the requirements of a financing statement under Sections 9.502-9.504, Business ...
- Texas Agriculture Code Section 188.016 - Filing And Marking In Office Of Secretary Of State; Fee
(a) The notice of claim of lien shall be filed and marked in the office of the secretary of state in the same manner as ...
- Texas Agriculture Code Section 188.017 - Time Of Written Notice
The lien claimant shall provide written notice of the claim of lien to the lien debtor not later than the 10th day after the date ...
- Texas Agriculture Code Section 188.018 - Recognition Of Notice As Financing Statement
The secretary of state shall recognize a notice of claim of lien under this subchapter as a financing statement under Subchapter E, Chapter 9, Business ...
- Texas Agriculture Code Section 188.026 - Time Of Filing
(a) A lien created under this chapter has the same priority as a security interest perfected by the filing of a financing statement on the ...
- Texas Agriculture Code Section 188.031 - Issuance Of Certificate To Member Of Public; Fee
(a) A person may obtain a certificate identifying any lien on file and any notice of claim of lien naming a particular debtor and stating ...
- Texas Agriculture Code Section 188.032 - Copies Of Notices Of Claim Of Lien And Other Notices; Fee
(a) A person may obtain a copy of any notice of claim of an animal feed lien filed. (b) The fee for a copy of ...
- Texas Agriculture Code Section 188.036 - Written Notice To Secured Creditors By Lien Claimant
(a) A lien claimant shall provide written notice to any secured creditor at least 30 days before the date the lien claimant enforces a claim ...
- Texas Agriculture Code Section 188.037 - Foreclosure In Action To Recover Reasonable Or Agreed Charges
The lien claimant may foreclose on a lien under this chapter only in an action to recover the reasonable or agreed charges. Added by Acts ...
- Texas Agriculture Code Section 188.038 - Termination Statement
(a) If a lien claimant receives payment for the total amount secured by a lien under this chapter and the lien claimant has not furnished ...
- Texas Agriculture Code Section 188.039 - Right Of Assignment Or Transfer; Filing Of Statement
(a) A lien created under this chapter may be assigned by the holder of the lien, with full rights of enforcement. (b) The lienholder shall ...
- Texas Agriculture Code Section 188.046 - Rules
The secretary of state may adopt rules necessary to carry out the secretary's duties under this chapter, including prescribing necessary forms. Added by Acts 1995, ...
- Texas Agriculture Code Section 188.047 - Maximum Number Of Liens
Not more than four liens may be enforced under this chapter against the same proceeds of a lien debtor even if the liens are filed ...
- Texas Agriculture Code Section 188.048 - Applicability Of Other Law
Chapter 9, Business & Commerce Code, applies to a lien created under this chapter to the extent Chapter 9 is consistent with this chapter. Added ...
- Texas Agriculture Code Section 201.001 - Findings, Purpose, And Policy
(a) The legislature finds that the farm and grazing lands of the State of Texas are among the basic assets of the state and that ...
- Texas Agriculture Code Section 201.002 - Definitions
In this chapter: (1) "Conservation district" means a soil and water conservation district. (2) "Director" means a member of the governing board of a conservation ...
- Texas Agriculture Code Section 201.003 - Eligible Voter
(a) A person is eligible to vote in an election under this chapter if the person: (1) is an individual who holds title to farmland ...
- Texas Agriculture Code Section 201.004 - Notice; Election Informalities
(a) If this chapter requires that notice of a hearing or an election be given, the entity responsible for giving notice shall: (1) publish notice ...
- Texas Agriculture Code Section 201.005 - Water Code Not Applicable
Section 12.081, Water Code, does not apply to a conservation district created under this chapter. Added by Acts 1985, 69th Leg., ch. 611, § 2, ...
- Texas Agriculture Code Section 201.006 - Confidentiality Of Certain Information
(a) Except as provided by this section, information collected by the state board or a conservation district is not subject to Chapter 552, Government Code, ...
- Texas Agriculture Code Section 201.011 - Composition
The State Soil and Water Conservation Board is a state agency composed of seven members as follows: (1) one member elected from each of the ...
- Texas Agriculture Code Section 201.012 - State Districts
(a) For purposes of this chapter, the state is divided into five districts, each of which is composed as provided by this section. (b) State ...
- Texas Agriculture Code Section 201.013 - State District Conventions
(a) For the purpose of electing a member to the state board, each state district shall conduct a convention attended by delegates elected from each ...
- Texas Agriculture Code Section 201.014 - Election
(a) The delegates at a state district convention by majority vote shall elect a member to the state board from among the qualified delegates. No ...
- Texas Agriculture Code Section 201.0141 - Ineligibility To Serve On Board; Ineligibility For Certain Positions
(a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist ...
- Texas Agriculture Code Section 201.0142 - Training Program For Members Of State Board
(a) A person who is elected and qualifies for office as a member of the state board may not vote, deliberate, or be counted as ...
- Texas Agriculture Code Section 201.015 - Term
(a) Members of the state board serve for staggered terms of two years. The terms of the members elected from State Districts No. 1, No. ...
- Texas Agriculture Code Section 201.0151 - Removal From Board
(a) It is a ground for removal from the state board that a member: (1) does not have at the time of election the qualifications ...
- Texas Agriculture Code Section 201.0152 - Application
Sections 201.0141, 201.0142, and 201.0151 apply to the governor's appointees under this chapter. Added by Acts 2003, 78th Leg., ch. 983, § 3, eff. Sept. ...
- Texas Agriculture Code Section 201.016 - Vacancy
Vacancies in the state district positions on the state board are filled by election in the manner provided by this subchapter for an unexpired term ...
- Texas Agriculture Code Section 201.017 - Oath; Compensation
(a) Each member of the state board shall take the constitutional oath of office. (b) Each member of the state board is entitled to compensation ...
- Texas Agriculture Code Section 201.018 - Majority Vote Requirement
The concurrence of a majority of the members of the state board is required for the determination of any matter within the board's duties. Acts ...
- Texas Agriculture Code Section 201.019 - Officers And Employees
(a) The state board shall designate one of its members as chairman. (b) The state board may employ an executive director and other agents and ...
- Texas Agriculture Code Section 201.0191 - Equal Opportunity Employment
(a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity ...
- Texas Agriculture Code Section 201.0192 - State Employee Incentive Information
The executive director or the executive director's designee shall provide to state board employees information and training on the benefits and methods of participating in ...
- Texas Agriculture Code Section 201.020 - Records; Hearings; Rules
(a) The state board shall keep a complete record of all of its official actions, may hold public hearings at times and places in this ...
- Texas Agriculture Code Section 201.021 - Office
The board may select the location of its office. Acts 1981, 67th Leg., p. 1463, ch. 388, § 1, eff. Sept. 1, 1981. ...
- Texas Agriculture Code Section 201.022 - General Powers And Duties
(a) In addition to other powers and duties provided by this chapter, the state board shall: (1) offer appropriate assistance to the directors of conservation ...
- Texas Agriculture Code Section 201.023 - Funds Management
(a) Except as provided by Section 201.081, the state board shall deposit all money and securities received by it in the state treasury to the ...
- Texas Agriculture Code Section 201.0231 - Complaints
(a) The state board shall maintain a file on each written complaint filed with the state board. (b) The file must include: (1) the name ...
- Texas Agriculture Code Section 201.024 - Contracts For Watershed Protection And Flood Control Plans
The state board may contract with one or more state or federal agencies or with one or more private firms for the development of plans ...
- Texas Agriculture Code Section 201.025 - Sunset Provision
The State Soil and Water Conservation Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that ...
- Texas Agriculture Code Section 201.026 - Nonpoint Source Pollution
(a) The state board is the lead agency in this state for activity relating to abating agricultural and silvicultural nonpoint source pollution. (b) As the ...
- Texas Agriculture Code Section 201.027 - Enforcement Referral Records
(a) The state board shall maintain detailed records about each state board referral of an agricultural or silvicultural operation to the Texas Natural Resource Conservation ...
- Texas Agriculture Code Section 201.028 - Semiannual Report
Not later than January 1 and July 1 of each year, the state board shall prepare and deliver to the governor, the lieutenant governor, and ...
- Texas Agriculture Code Section 201.041 - Petition
(a) The eligible voters of any territory may petition the state board for the organization of a soil and water conservation district. The petition must ...
- Texas Agriculture Code Section 201.042 - Hearing
(a) Not later than the 30th day after the day on which a petition is filed with the state board, the state board shall give ...
- Texas Agriculture Code Section 201.043 - Election
(a) Within a reasonable time after determining the need for a conservation district and defining the boundaries of the proposed conservation district, the state board ...
- Texas Agriculture Code Section 201.044 - State Board Determination Of Administrative Practicability And Feasibility
(a) After announcing the results of an election, the state board shall consider, determine, and record its determination of whether the operation of the conservation ...
- Texas Agriculture Code Section 201.045 - Subsequent Petitions
If the state board denies a petition under this subchapter, a subsequent petition covering the same or substantially the same territory may not be filed ...
- Texas Agriculture Code Section 201.046 - Establishment Of District Subdivisions; Appointment Of Initial Directors
After determining that the operation of the conservation district is administratively practicable and feasible, the state board shall divide the conservation district into five numbered ...
- Texas Agriculture Code Section 201.047 - Application For Certificate Of Organization
(a) The two appointed directors shall present to the secretary of state an application for a certificate of organization for the conservation district containing the ...
- Texas Agriculture Code Section 201.048 - Issuance Of Certificate
(a) The secretary of state shall examine the application for a certificate of organization and the statement of the state board. If the secretary of ...
- Texas Agriculture Code Section 201.049 - Effect Of Certificate; Admissibility
In a suit, action, or proceeding involving the validity or enforcement of, or relating to, a contract, proceeding, or action of a conservation district, the ...
- Texas Agriculture Code Section 201.050 - Change In Conservation District Or Subdivision Boundaries
(a) A group of eligible voters may petition the state board for the inclusion of additional territory in an existing conservation district. Except as provided ...
- Texas Agriculture Code Section 201.051 - Dissolution Of Conservation District
(a) A conservation district may be dissolved by majority vote of the eligible voters in an election conducted in the manner provided by this subchapter ...
- Texas Agriculture Code Section 201.0511 - Effect Of Dissolution
(a) On issuance of a certificate of dissolution under Section 201.051 of this code, the ordinances and regulations adopted by the dissolved district cease to ...
- Texas Agriculture Code Section 201.071 - Composition Of Board Of Directors
(a) Except as provided for the initial board, the board of directors of a conservation district is composed of five persons, with one director elected ...
- Texas Agriculture Code Section 201.072 - Qualifications Of Directors
In order to serve as a director, a person must be an eligible voter who owns land within the numbered subdivision from which the person ...
- Texas Agriculture Code Section 201.073 - Election Of Directors
(a) Except as provided for the initial election of directors, the persons who are eligible voters and own land in a conservation district are entitled ...
- Texas Agriculture Code Section 201.074 - Election Of Initial Directors
(a) Not later than the 30th day after the date of issuance of a certificate of organization by the secretary of state, the state board ...
- Texas Agriculture Code Section 201.075 - Terms Of Directors
(a) Except as provided for the initial directors, directors serve for staggered terms of four years with the term of one or two members expiring ...
- Texas Agriculture Code Section 201.076 - Vacancy; Removal
(a) If a vacancy occurs in the office of director, the remaining directors by majority vote shall appoint a director for the unexpired term. The ...
- Texas Agriculture Code Section 201.077 - Compensation And Mileage Allowance
(a) A director may receive compensation in an amount not to exceed $30 for each day the director attends meetings of the board of directors, ...
- Texas Agriculture Code Section 201.078 - Majority Vote Requirement
The concurrence of a majority of the directors is required for the determination of any matter within their duties. Acts 1981, 67th Leg., p. 1471, ...
- Texas Agriculture Code Section 201.079 - Officers And Employees; Surety Bonds
(a) The directors shall designate from among themselves a chairman, vice-chairman, and secretary and may change those designations from time to time. (b) The directors ...
- Texas Agriculture Code Section 201.080 - Records, Reports, Accounts, And Audits
(a) The directors shall provide for keeping full and accurate accounts and for keeping records of proceedings conducted and resolutions, regulations, and orders issued or ...
- Texas Agriculture Code Section 201.081 - Annual Meeting Of Directors
(a) The state board shall provide for an annual meeting of conservation district directors to be held at a time and place determined by the ...
- Texas Agriculture Code Section 201.101 - Corporate Powers
(a) A conservation district is a governmental subdivision of this state and a public body corporate and politic. A conservation district may: (1) sue and ...
- Texas Agriculture Code Section 201.102 - Preventive And Control Measures
A conservation district may carry out preventive and control measures within its boundaries, including engineering operations, methods of cultivation, growing of vegetation, changes in the ...
- Texas Agriculture Code Section 201.103 - Cooperation And Agreements With Other Entities
(a) A conservation district may cooperate or enter into an agreement with any other entity, including a state or federal agency or an owner or ...
- Texas Agriculture Code Section 201.104 - Acquisition, Administration, And Sale Of Real Or Personal Property
A conservation district may obtain options on or acquire in any manner, including purchase, exchange, lease, gift, grant, bequest, or devise, any real or personal ...
- Texas Agriculture Code Section 201.105 - Acquisition, Administration, And Sale Of Materials And Equipment
(a) A conservation district may purchase machinery, equipment, seed, seedlings, fertilizer, fish for stocking farm ponds, or other supplies or conservation materials essential for the ...
- Texas Agriculture Code Section 201.106 - Construction And Maintenance Of Structures
A conservation district may construct, improve, and maintain any structure necessary or convenient for the performance of an operation authorized by this chapter. Acts 1981, ...
- Texas Agriculture Code Section 201.107 - Conservation Plans And Information
(a) A conservation district may develop comprehensive plans for the conservation of soil resources and for the control and prevention of soil erosion within the ...
- Texas Agriculture Code Section 201.108 - Assumption Of Government Projects; Acceptance Of Government Grants
(a) A conservation district may take over, by purchase, lease, or other method, and administer any soil conservation, erosion control, or erosion prevention project located ...
- Texas Agriculture Code Section 201.121 - Regulatory Powers; Petition For Adoption
(a) If petitioned by 50 or more eligible voters in the conservation district, the directors of a conservation district may propose an ordinance governing the ...
- Texas Agriculture Code Section 201.122 - Hearing
The directors of a conservation district may conduct public hearings and public meetings on proposed land-use regulations as necessary to assist the directors in the ...
- Texas Agriculture Code Section 201.123 - Election
(a) The directors may not adopt an ordinance prescribing land-use regulations unless adoption of the ordinance is approved by at least 90 percent of the ...
- Texas Agriculture Code Section 201.124 - Effect Of Ordinance
An ordinance adopted under this subchapter has the force and effect of law in the conservation district and is binding on all owners or occupiers ...
- Texas Agriculture Code Section 201.125 - Distribution Of Copies Of Ordinance
The directors shall print copies of each ordinance prescribing land-use regulations and make those copies available to owners and occupiers of land in the conservation ...
- Texas Agriculture Code Section 201.126 - Amendment Or Repeal Of Ordinance
(a) An owner or occupier of land in a conservation district may at any time file a petition with the directors requesting the amendment, supplementation, ...
- Texas Agriculture Code Section 201.127 - Frequency Of Elections
An election on the adoption, amendment, supplementation, or repeal of land-use regulations may not be held more often than once every six months. Acts 1981, ...
- Texas Agriculture Code Section 201.128 - Enforcement
(a) The directors are entitled to go upon any land in the conservation district to determine if land-use regulations adopted under this subchapter are being ...
- Texas Agriculture Code Section 201.129 - Board Of Adjustment
(a) If the directors of a conservation district adopt an ordinance prescribing land-use regulations, the directors by ordinance shall provide for the establishment of a ...
- Texas Agriculture Code Section 201.130 - Procedures Of Board Of Adjustment
(a) A board of adjustment shall adopt rules to govern its proceedings that are consistent with this chapter and the land-use regulations adopted for the ...
- Texas Agriculture Code Section 201.131 - Petition For Variance
(a) An owner or occupier of land within a conservation district may petition the board of adjustment of that conservation district to authorize a variance ...
- Texas Agriculture Code Section 201.132 - Hearing On Variance Petition
(a) After receiving a petition for a variance, a board of adjustment shall schedule a hearing on the petition and give notice of that hearing. ...
- Texas Agriculture Code Section 201.133 - Granting Of Variance
(a) If, on the basis of the facts presented at a hearing on a petition for a variance, the board of adjustment determines that there ...
- Texas Agriculture Code Section 201.151 - Use Of County Machinery And Equipment
(a) A county may employ or permit to be employed in soil conservation and the prevention of soil waste through erosion, any county machinery, including ...
- Texas Agriculture Code Section 201.152 - Contracts For Flood Control And Drainage
(a) A county, city, water control and improvement district, drainage district, or other political subdivision may contract with a conservation district for the joint acquisition ...
- Texas Agriculture Code Section 201.201 - Creation Of Program
A technical assistance program for soil and water conservation land improvement measures is created and shall be administered by the State Soil and Water Conservation ...
- Texas Agriculture Code Section 201.202 - Use Of Funds
(a) The State Soil and Water Conservation Board shall use money from the agricultural soil and water conservation fund for providing technical assistance to landowners ...
- Texas Agriculture Code Section 201.203 - Designation Of Local Districts
(a) The State Soil and Water Conservation Board shall designate particular soil and water conservation districts to administer certain programs. (b) Before a local soil ...
- Texas Agriculture Code Section 201.204 - Rules
The State Soil and Water Conservation Board may adopt necessary rules to carry out this subchapter. Added by Acts 1985, 69th Leg., ch. 133, § ...
- Texas Agriculture Code Section 201.301 - Creation Of Program
The state board shall administer a cost-share assistance program for soil and water conservation land improvement measures. Added by Acts 1993, 73rd Leg., ch. 54, ...
- Texas Agriculture Code Section 201.302 - Use Of Funds
(a) The state board may provide cost-share assistance to landowners or operators for the installation of soil and water conservation land improvement measures consistent with ...
- Texas Agriculture Code Section 201.303 - Allocation Of Funds
(a) The state board may allocate funds under this subchapter among particular soil and water conservation land improvement measures or among areas of the state ...
- Texas Agriculture Code Section 201.304 - Eligibility For Cost-Share Assistance
As a condition for assistance under this subchapter, the state board may require that a person: (1) own or operate agricultural land within the boundaries ...
- Texas Agriculture Code Section 201.305 - Eligible Soil And Water Conservation Land Improvement Measures
(a) Soil and water conservation land improvement measures eligible for cost-share assistance shall be determined by the state board and must be consistent with the ...
- Texas Agriculture Code Section 201.306 - Application For Cost-Share Assistance
An application for cost-share assistance may be made on forms provided by the state board or by other means approved by the state board. Added ...
- Texas Agriculture Code Section 201.307 - Approval Of Application
(a) A conservation district may approve an application for cost-share assistance if the soil and water conservation land improvement measure is consistent with the purposes ...
- Texas Agriculture Code Section 201.308 - Cost-Share Rates
(a) The state board shall establish the cost-share rates for all eligible soil and water conservation land improvement measures. (b) The state board may not ...
- Texas Agriculture Code Section 201.309 - Standards And Specifications
The state board shall establish standards and specifications for soil and water conservation land improvement measures eligible for cost-share assistance. Added by Acts 1993, 73rd ...
- Texas Agriculture Code Section 201.310 - Cost-Share Payments
(a) The state board shall make each cost-share assistance payment directly to an eligible person. (b) Before making a payment to an eligible person for ...
- Texas Agriculture Code Section 201.311 - Designation Of Local Districts
The state board may designate one or more conservation districts to administer this subchapter locally. Added by Acts 1993, 73rd Leg., ch. 54, § 2, ...
- Texas Agriculture Code Section 202.001 - Definitions
In this chapter: (1) "District" means a wind erosion conservation district. (2) "Governing body" means the governing body of a wind erosion conservation district. Acts ...
- Texas Agriculture Code Section 202.002 - Purpose
The purpose of a district created under this chapter is to conserve the soil by: (1) prevention of unnecessary erosion caused by wind; and (2) ...
- Texas Agriculture Code Section 202.003 - Authorization
(a) The creation and incorporation of a wind erosion conservation district is authorized under Article XVI, Section 59, of the Texas Constitution. (b) A district ...
- Texas Agriculture Code Section 202.004 - District Boundaries; Name
A district must be coextensive with the boundaries of a county and must bear the name of that county. Acts 1981, 67th Leg., p. 1483, ...
- Texas Agriculture Code Section 202.011 - Petition And Election Orders
(a) The qualified property tax paying voters of any county may petition the commissioners court of the county to conduct an election on the creation ...
- Texas Agriculture Code Section 202.012 - Election
(a) The procedure for holding and declaring the result of an election must be in substantial compliance with requirements for elections to vote bonds for ...
- Texas Agriculture Code Section 202.013 - Returns; Effect Of Election
(a) The commissioners court shall: (1) canvass the returns of the election; and (2) declare the result by entering it in the minutes of the ...
- Texas Agriculture Code Section 202.021 - Governing Body
(a) The governing body of a wind erosion conservation district is the commissioners court. (b) The county judge shall serve as chairman of the board ...
- Texas Agriculture Code Section 202.022 - General Powers
A district may: (1) prevent or aid in the prevention of damage to land, highways, and public roads due to the unnecessary movement of sand, ...
- Texas Agriculture Code Section 202.023 - Cooperation
(a) The governing body of a district shall consult with: (1) the director of the Texas Agricultural Experiment Station; (2) the county agent; (3) the ...
- Texas Agriculture Code Section 202.031 - Power To Borrow Money
(a) Subject to the requirements of Subsection (b) of this section, a district may: (1) borrow money for the corporate purposes of the district; (2) ...
- Texas Agriculture Code Section 202.032 - Acceptance Of Federal Funds
A district may: (1) accept grants and borrow money from the federal government or a corporation or agency created or designated by the federal government ...
- Texas Agriculture Code Section 202.033 - Acceptance Of Donations
The governing body of a district may accept gifts, grants, donations, advances, and services from the United States or any government agency in order to ...
- Texas Agriculture Code Section 202.034 - Automobile Registration Fees
(a) The commissioners court of a county in which a district is located may transfer to the district an amount not to exceed 20 percent ...
- Texas Agriculture Code Section 202.035 - District May Not Tax
A district created under this chapter may not impose an ad valorem tax or create an obligation payable by funds raised by taxation. Acts 1981, ...
- Texas Agriculture Code Section 202.036 - Expenditures; Audits
(a) The governing body shall: (1) administer and disburse money and property received under this chapter in accordance with the law and in its discretion; ...
- Texas Agriculture Code Section 202.041 - Assessment
The governing body may make an assessment on land in order to help pay for soil conservation work performed on that land to achieve the ...
- Texas Agriculture Code Section 202.042 - Prehearing Requirements
Before holding an assessment hearing required by Section 202.044 of this code, the governing body shall: (1) estimate the cost of the work; (2) tentatively ...
- Texas Agriculture Code Section 202.043 - Notice Of Assessment Hearing
(a) The governing board shall give notice of an assessment hearing to each owner of property against which a lien or assessment is proposed. (b) ...
- Texas Agriculture Code Section 202.044 - Assessment Hearing
(a) The governing body may not make an assessment for soil conservation work until the body holds a hearing to determine the necessity of the ...
- Texas Agriculture Code Section 202.045 - Payment Of Assessment
(a) A property owner on whom an assessment is imposed may pay the assessment in three equal annual installments, which shall bear interest at the ...
- Texas Agriculture Code Section 202.046 - Assessment Lien
The governing body may not make an assessment on property used, claimed, or occupied as a homestead, but may take a lien securing the assessment ...
- Texas Agriculture Code Section 202.047 - Foreclosure On Lien
If a property owner fails to pay an assessment at its maturity, the governing body may sue in a court of competent jurisdiction for foreclosure ...
- Texas Agriculture Code Section 203.001 - Definitions
In this chapter: (1) "Board" means the State Soil and Water Conservation Board. (2) "District" means a soil and water conservation district created under Chapter ...
- Texas Agriculture Code Section 203.002 - Creation Of Program
The Texas Brush Control Program is created and shall be implemented, administered, operated, and financed as provided by this chapter. Added by Acts 1985, 69th ...
- Texas Agriculture Code Section 203.011 - Authority Of Board
The board has jurisdiction over and, with the assistance of local districts, shall administer the brush control program under this chapter. Added by Acts 1985, ...
- Texas Agriculture Code Section 203.012 - Rules
The board, after consulting with local districts, shall adopt reasonable rules that are necessary to carry out this chapter. Added by Acts 1985, 69th Leg., ...
- Texas Agriculture Code Section 203.013 - Authority Of Districts
Each district may carry out the responsibilities provided by Subchapter D as delegated by the board. Added by Acts 1985, 69th Leg., ch. 655, § ...
- Texas Agriculture Code Section 203.014 - Personnel
The board may employ or contract with any person necessary to assist the board or a district to carry out this chapter. Added by Acts ...
- Texas Agriculture Code Section 203.015 - Expenditures
In addition to any other expenditures authorized by this subchapter, the board may make expenditures provided by the General Appropriations Act. Added by Acts 1985, ...
- Texas Agriculture Code Section 203.016 - Consultation
The State Soil and Water Conservation Board shall consult with: (1) the Texas Water Development Board in regard to the effects of the brush control ...
- Texas Agriculture Code Section 203.051 - State Plan
The board shall prepare and adopt a state brush control plan that shall: (1) include a comprehensive strategy for managing brush in all areas of ...
- Texas Agriculture Code Section 203.052 - Notice And Hearing
(a) Before the board adopts the plan under Section 203.051 of this code, the board shall call and hold a hearing to consider a proposed ...
- Texas Agriculture Code Section 203.053 - Criteria For Evaluating Brush Control Areas
(a) In ranking areas under the plan, the board shall consider: (1) the location of various brush infestations; (2) the type and severity of brush ...
- Texas Agriculture Code Section 203.054 - Amending Plan
At least every two years the board shall review and may amend the plan to take into consideration changed conditions. Amendments to the plan shall ...
- Texas Agriculture Code Section 203.055 - Approved Methods For Brush Control
(a) The board shall study and must approve all methods used to control brush under this chapter considering the overall impact of the project. (b) ...
- Texas Agriculture Code Section 203.056 - Report
(a) Before January 31 of each year, the board shall submit to the governor, the speaker of the house, and the lieutenant governor a report ...
- Texas Agriculture Code Section 203.101 - General Authority
Each district may administer the aspects of the brush control program within the jurisdiction of that district. Added by Acts 1985, 69th Leg., ch. 655, ...
- Texas Agriculture Code Section 203.102 - Provide Information Relating To Program
The board shall prepare and distribute information to each district relating generally to the brush control program and concerning the procedures for preparing, filing, and ...
- Texas Agriculture Code Section 203.103 - Acceptance And Comment On Application
(a) Each district may accept for transmission to the board applications for cost sharing under Subchapter E of this chapter and may examine and assist ...
- Texas Agriculture Code Section 203.104 - Supervision Of Projects
(a) Each district on behalf of the board may inspect and supervise projects within its jurisdiction in which state money is provided under Subchapter E ...
- Texas Agriculture Code Section 203.151 - Creation Of Cost-Sharing Program
As part of the brush control program, a cost-sharing program is created to be administered under this chapter and rules adopted by the board. Added ...
- Texas Agriculture Code Section 203.152 - Brush Control Fund
(a) The brush control fund is a special fund created in the State Treasury to be used as provided by this subchapter. (b) The brush ...
- Texas Agriculture Code Section 203.153 - Use Of Money In Brush Control Fund
Money deposited to the credit of the brush control fund shall be used by the board to provide the state's share of the cost of ...
- Texas Agriculture Code Section 203.154 - Limit On Cost-Sharing Participation
(a) Not more than 70 percent of the total cost of a single brush control project may be made available as the state's share in ...
- Texas Agriculture Code Section 203.156 - Application For Cost Sharing
A person, including a political subdivision of this state, that desires to participate with the state in a brush control project and to obtain cost-sharing ...
- Texas Agriculture Code Section 203.157 - Considerations In Passing On Application
In passing on an application for cost sharing, the board shall consider: (1) the location of the project; (2) the method of control that is ...
- Texas Agriculture Code Section 203.158 - Approval Of Application
The board may approve an application if, after considering the factors listed in Section 203.157 and any other relevant factors, the board finds: (1) the ...
- Texas Agriculture Code Section 203.159 - Priority Of Projects
(a) If the demand for funds under the cost-sharing program is greater than funds available, the board shall establish priorities favoring the areas with the ...
- Texas Agriculture Code Section 203.160 - Contract For Cost Sharing
(a) On approval of an application by the board, the board or the governing board of the designated district shall negotiate contracts with the successful ...
- Texas Agriculture Code Section 203.161 - Administration Of Expenditures
The district board may administer expenditure of the state's share of the money required by a cost-sharing contract and shall report periodically to the board ...
- Texas Agriculture Code Section 251.001 - Policy
It is the policy of this state to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food ...
- Texas Agriculture Code Section 251.002 - Definitions
In this chapter: (1) "Agricultural operation" includes the following activities: (A) cultivating the soil; (B) producing crops for human food, animal feed, planting seed, or ...
- Texas Agriculture Code Section 251.003 - Established Date Of Operation
For purposes of this chapter, the established date of operation is the date on which an agricultural operation commenced operation. If the physical facilities of ...
- Texas Agriculture Code Section 251.004 - Nuisance Actions
(a) No nuisance action may be brought against an agricultural operation that has lawfully been in operation for one year or more prior to the ...
- Texas Agriculture Code Section 251.005 - Effect Of Governmental Requirements
(a) For purposes of this section, the effective date of a governmental requirement is the date on which the requirement requires or attempts to require ...
- Texas Agriculture Code Section 251.006 - Agricultural Improvements
(a) An owner, lessee, or occupant of agricultural land is not liable to the state, a governmental unit, or the owner, lessee, or occupant of ...
- Texas Agriculture Code Section 301.001 - Definitions.
In this chapter: (1) "Executive director" means the executive director of the Texas Department of Licensing and Regulation. (2) "Operation" means the performance of weather ...
- Texas Agriculture Code Section 301.051 - Rules
The Texas Department of Licensing and Regulation may adopt rules necessary to: (1) exercise the powers and perform the duties under this chapter; (2) establish ...
- Texas Agriculture Code Section 301.052 - Studies; Investigations; Hearings
The Texas Department of Licensing and Regulation may make any studies or investigations, obtain any information, and hold any hearings necessary or proper to administer ...
- Texas Agriculture Code Section 301.053 - Advisory Committees
The Texas Department of Licensing and Regulation may establish advisory committees to advise the Texas Department of Licensing and Regulation and to make recommendations to ...
- Texas Agriculture Code Section 301.054 - Personnel
The executive director may, as provided by the General Appropriations Act, appoint and fix the compensation of any personnel, including specialists and consultants, necessary to ...
- Texas Agriculture Code Section 301.055 - Materials And Equipment
The Texas Department of Licensing and Regulation may acquire in the manner provided by law any materials, equipment, and facilities necessary to the performance of ...
- Texas Agriculture Code Section 301.056 - Interstate Compacts
The executive director may represent the state in matters pertaining to plans, procedures, or negotiations for interstate compacts relating to weather modification and control. Added ...
- Texas Agriculture Code Section 301.057 - Contracts And Cooperative Agreements
(a) The Texas Department of Licensing and Regulation may cooperate with public or private agencies to promote the purposes of this chapter. (b) The Texas ...
- Texas Agriculture Code Section 301.058 - Promotion Of Research And Development
(a) In order to assist in expanding the theoretical and practical knowledge of weather modification and control, the Texas Department of Licensing and Regulation shall ...
- Texas Agriculture Code Section 301.059 - Grants And Gifts
Subject to any limitations imposed by law, the Texas Department of Licensing and Regulation may accept federal grants, private gifts, and donations from any other ...
- Texas Agriculture Code Section 301.060 - Disposition Of License And Permit Fees
The Texas Department of Licensing and Regulation shall deposit all license and permit fees in the state treasury. Added by Acts 2003, 78th Leg., ch. ...
- Texas Agriculture Code Section 301.101 - License And Permit Required
Except as provided by rule of the Texas Department of Licensing and Regulation under Section 301.102, a person may not engage in activities for weather ...
- Texas Agriculture Code Section 301.102 - Exemptions
(a) The Texas Department of Licensing and Regulation by rule, to the extent it considers exemptions practical, shall provide for exempting the following activities from ...
- Texas Agriculture Code Section 301.103 - Issuance Of License
(a) The Texas Department of Licensing and Regulation, in accordance with the rules adopted under this chapter, shall issue a weather modification license to each ...
- Texas Agriculture Code Section 301.104 - License Fee
The statute from which this section was derived was repealed at the same session that a nonsubstantive codification act added the section, therefore the ...
- Texas Agriculture Code Section 301.105 - Expiration Date
Each original or renewal license expires at the end of the state fiscal year for which it was issued. Added by Acts 2003, 78th Leg., ...
- Texas Agriculture Code Section 301.106 - Renewal License
At the expiration of the license period, the Texas Department of Licensing and Regulation shall issue a renewal license to each applicant who pays the ...
- Texas Agriculture Code Section 301.107 - Issuance Of Permit
(a) The Texas Department of Licensing and Regulation, in accordance with the rules adopted under this chapter and on a finding that the weather modification ...
- Texas Agriculture Code Section 301.108 - Permit Fee
The statute from which this section was derived was repealed at the same session that a nonsubstantive codification act added the section, therefore the ...
- Texas Agriculture Code Section 301.109 - Scope Of Permit
A separate permit is required for each operation. If an operation is to be conducted under contract, a permit is required for each separate contract. ...
- Texas Agriculture Code Section 301.110 - Application And Notice Of Intention
Before undertaking any operation, a license holder must file an application for a permit and have a notice of intention published as required by this ...
- Texas Agriculture Code Section 301.111 - Content Of Notice
In the notice of intention, the applicant must include: (1) the name and address of the license holder; (2) the nature and object of the ...
- Texas Agriculture Code Section 301.112 - Publication Of Notice
The notice of intention required under Section 301.110 must be published at least once a week for three consecutive weeks in a newspaper of general ...
- Texas Agriculture Code Section 301.113 - Proof Of Publication; Affidavit
The applicant shall file proof of the publication, together with the publishers' affidavits, with the Texas Department of Licensing and Regulation during the 15-day period ...
- Texas Agriculture Code Section 301.114 - Proof Of Financial Responsibility
Proof of financial responsibility is made by showing to the satisfaction of the Texas Department of Licensing and Regulation that the license holder has the ...
- Texas Agriculture Code Section 301.115 - Modification Of Permit
The Texas Department of Licensing and Regulation may modify the terms and conditions of a permit if: (1) the license holder is first given notice ...
- Texas Agriculture Code Section 301.116 - Scope Of Activity
Once a permit is issued, the license holder shall confine the license holder's activities substantially within the limits of time and area specified in the ...
- Texas Agriculture Code Section 301.117 - Records And Reports
(a) A license holder shall keep a record of each operation conducted under a permit, showing: (1) the method employed; (2) the type of equipment ...
- Texas Agriculture Code Section 301.151 - Definitions
(a) In this subchapter: (1) "Operational area" means that area that joins the target area and is reasonably necessary to use in order to effectuate ...
- Texas Agriculture Code Section 301.152 - Operational Area
(a) No part of an operational area may be more than eight miles from the limits of the target area. (b) The operational area must ...
- Texas Agriculture Code Section 301.153 - Date Of Permit Issuance; Permit Area
A permit may not be issued by the Texas Department of Licensing and Regulation before the end of the 30-day period immediately following the first ...
- Texas Agriculture Code Section 301.154 - Eligible Voters
(a) Persons eligible to vote in elections held under this subchapter include qualified voters in counties or parts of counties included in the target area ...
- Texas Agriculture Code Section 301.155 - Application For Petition Seeking Election
(a) On written request of at least 25 qualified voters residing in the target area or operational area mentioned in the notice requesting an election ...
- Texas Agriculture Code Section 301.156 - Election On Petition
(a) On the return to the county clerks of petitions signed by at least 10 percent of the qualified voters residing in each county within ...
- Texas Agriculture Code Section 301.157 - Petition Requirements
(a) The petition for an election under this subchapter must read substantially as follows: "The following qualified voters of __________ County request the Commissioners Court ...
- Texas Agriculture Code Section 301.158 - Certification Of Petition
(a) Within five days after the date of receiving a petition under this subchapter, the commissioners court shall have the county clerk of the county ...
- Texas Agriculture Code Section 301.159 - Deposit Required
(a) A person filing a petition with the county clerk shall deposit with the county clerk an amount of money estimated by the county clerk ...
- Texas Agriculture Code Section 301.160 - Form Of Ballot
The ballots for an election under this subchapter must be printed to provide for voting for or against the proposition: "The issuance of a permit ...
- Texas Agriculture Code Section 301.161 - Election Order
(a) The order calling the election shall provide for: (1) the time and place or places for holding the election; (2) the form of the ...
- Texas Agriculture Code Section 301.162 - Results Of Election
(a) The presiding judge of each voting place shall supervise the counting of all votes cast and shall certify the results to the commissioners court ...
- Texas Agriculture Code Section 301.163 - Issuance Or Denial Of Permit Following Election
(a) If a majority of the qualified voters voting in the election precincts any part of which are located in the target area vote against ...
- Texas Agriculture Code Section 301.164 - Permit For Hail Suppression Prohibited Outside Target Area Or In Area Excluded By Election
(a) A permit may not be issued that provides for or allows the seeding of clouds for hail suppression outside the target area or within ...
- Texas Agriculture Code Section 301.165 - Monitor Of Program
The Texas Department of Licensing and Regulation may monitor any program under conditions the Texas Department of Licensing and Regulation determines advisable. Added by Acts ...
- Texas Agriculture Code Section 301.166 - Petition In Adjacent County
(a) On petition as provided in this subchapter, the commissioners court of any county outside but adjacent to a county included in the operational area ...
- Texas Agriculture Code Section 301.167 - Inclusion Of Certain Counties And Parts Of Counties
(a) If any county or part of a county has disapproved the issuance of a permit at a previous election held under this subchapter, that ...
- Texas Agriculture Code Section 301.201 - Penalties
A person who violates this chapter is subject to Subchapters F and G, Chapter 51, Occupations Code, in the same manner as a person regulated ...
- Texas Agriculture Code Section 301.202 - Act Of God
If a person can establish that an event that would otherwise be a violation of this chapter or a rule adopted or order or permit ...
- Texas Agriculture Code Section 301.203 - Defense Excluded
Unless otherwise provided by this chapter, the fact that a person holds a permit issued by the Texas Department of Licensing and Regulation does not ...
- Texas Agriculture Code Section 301.251 - Definition
In this subchapter, "permit holder" includes each member of a partnership or association that is a permit holder and, with respect to a corporation that ...
- Texas Agriculture Code Section 301.252 - Grounds For Revocation Or Suspension Of Permit
After notice and hearing, the Texas Department of Licensing and Regulation may revoke or suspend a permit issued under this chapter on any of the ...
- Texas Agriculture Code Section 301.253 - Grounds For Revocation Or Suspension Of License
(a) This section applies to a license issued under this chapter or under a rule adopted under this chapter. (b) After notice and hearing, the ...
- Texas Agriculture Code Section 301.254 - Procedures For Notice And Hearings
The Texas Department of Licensing and Regulation by rule shall establish procedures for public notice and any public hearing under this subchapter. Added by Acts ...
- Texas Agriculture Code Section 301.255 - Hearings
A hearing under this subchapter shall be conducted in accordance with the hearing rules adopted by the Texas Department of Licensing and Regulation and the ...
- Texas Agriculture Code Section 301.256 - Revocation Or Suspension By Consent
If a permit holder or license holder requests or consents to the revocation or suspension of the permit or license, the executive director may revoke ...
- Texas Agriculture Code Section 301.257 - Other Relief
A proceeding brought by the Texas Department of Licensing and Regulation under this subchapter does not affect the authority of the Texas Department of Licensing ...
- Texas Agriculture Code Section 301.258 - Probation Requirements
The statute from which this section was derived was repealed at the same session that a nonsubstantive codification act added the section, therefore the ...
- Texas Agriculture Code Section 301.301 - Immunity Of State
The state and its officers and employees are immune from liability for all weather modification and control activities conducted by private persons or groups. Added ...
- Texas Agriculture Code Section 301.302 - Private Legal Relationships
(a) This chapter does not affect private legal relationships, except that an operation conducted under the license and permit requirements of this chapter is not ...
- Texas Agriculture Code Section 302.001 - Findings
The legislature finds that weather modification and control activities may have a significant impact on Texas agriculture. The legislature further finds that the Texas ...
- Texas Agriculture Code Section 302.002 - Definitions
In this chapter: (1) "Commission" means the Texas Commission of Licensing and Regulation. (2) "Department" means the Texas Department of Licensing and Regulation. (3) ...
- Texas Agriculture Code Section 302.003 - Weather Modification And Control Grant Program
The department shall develop and administer a program awarding matching grants to political subdivisions of this state for weather modification and control. Added by Acts ...
- Texas Agriculture Code Section 302.004 - Rules
The commission may adopt rules necessary to administer this chapter. Added by Acts 2003, 78th Leg., ch. 1276, § 2.001(a), eff. Sept. 1, 2003. ...
- Texas Agriculture Code Section 302.005 - Contracts
The department may enter into contracts with public or private entities to assist the department in the administration or evaluation of the weather modification and ...
Last modified: August 11, 2007
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