Texas Agriculture Code Title 2, Chapter 12 - Powers And Duties

• Texas Section 12.001 - Execution Of Laws
  The department shall execute all applicable laws relating to agriculture. Acts 1981, 67th Leg., p. 1017, ch. 388, Sec. 1, eff. Sept. 1, 1981.
• Texas 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 Section 12.0012 - Notification
  The department shall, upon submission for publication, notify the Texas Division of Emergency Management of each quarantine it adopts. The department shall thereafter cooperate with...
• Texas 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 Section 12.0025 - Nutrition Programs
  The department shall administer the following federal and state nutrition programs: (1) the commodity supplemental food program under 7 U.S.C. Section 612c; (2) the food...
• Texas Section 12.0026 - Interagency Farm-to-school Coordination Task Force
  (a) To promote a healthy diet for schoolchildren and the business of small to mid-sized local farms and ranches, the interagency farm-to-school coordination task force...
• Texas Section 12.0027 - Nutrition Outreach Program
  (a) The department may develop an outreach program to promote better health and nutrition programs and prevent obesity among children in this state. (b) The...
• Texas Section 12.0028 - Limitation On Sanctions Imposed On School Districts For Sale Of Foods Of Minimal Nutritional Value
  (a) In this section, "food of minimal nutritional value" has the meaning assigned by 7 C.F.R. Section 210.11(a)(2). (b) The department may not impose on...
• Texas Section 12.0029 - Summer Nutrition Programs
  (a) In this section: (1) "Field office" means a field office of a nutrition program administered by the department. (2) "Summer nutrition program" means the...
• Texas Section 12.00291 - Plan To Increase Outcomes In Summer Food Service Program
  (a) The department shall develop a five-year plan in collaboration with Baylor University's Texas Hunger Initiative and implement no-cost provisions to increase outcomes in the...
• Texas Section 12.003 - Agricultural Societies
  The department shall encourage the organization of agricultural societies. Acts 1981, 67th Leg., p. 1017, ch. 388, Sec. 1, eff. Sept. 1, 1981.
• Texas 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 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 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 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 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 Section 12.0135 - Conflict Provisions
  (a) A person may not be a department employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for...
• Texas 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 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 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 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 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 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 Section 12.0177 - Texas Nursery And Floral Account
  Amounts collected under Sections 71.043(b)(2) and 71.057(e)(2) shall be deposited to the credit of the Texas nursery and floral account. The Texas nursery and floral...
• Texas Section 12.0178 - Texas Nursery And Floral Advisory Council
  (a) The department shall establish and coordinate the Texas Nursery and Floral Advisory Council. The council consists of seven members appointed by the commissioner who...
• Texas 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 Section 12.020 - Administrative Penalties
  (a) If a person violates a provision of law described by Subsection (c) or a rule or order adopted by the department under a provision...
• Texas 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 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 Section 12.0203 - Negotiated Rulemaking And Alternative Dispute Resolution
  (a) The commissioner shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the...
• Texas 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 Section 12.022 - Authority To Solicit And Accept Gifts, Grants, And Donations
  The department may solicit and accept gifts, grants, and donations of money, services, or property from any person. Money received by the department under this...
• Texas Section 12.023 - Expiration Of Registration Or Licenses
  The department by rule shall adopt a system under which registrations or licenses required by the department, including licenses issued under Chapter 1951, Occupations Code,...
• Texas 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 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 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 Section 12.0261 - Administrative Procedure
  The department is subject to Chapter 2001, Government Code. Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.08, eff. Sept. 1, 1995.
• Texas 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 Section 12.0271 - Rural Economic Development And Investment Program
  (a) From funds appropriated for that purpose, the commissioner shall establish and administer a financial assistance program to encourage private economic development in rural areas....
• Texas Section 12.0272 - Texas Economic Development Fund
  (a) The Texas economic development fund is a fund in the state treasury. The fund consists of: (1) all interest, income, revenue, and other assets...
• Texas 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 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 Section 12.031 - Advertising, Publications, And 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. (a-1)...
• Texas 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 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 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 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 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 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, Sec. 1.09, eff....
• Texas 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 Section 12.039 - Certain Wine Produced Or Bottled In This State
  (a) The Texas Wine Marketing Research Institute or other qualified entity shall, as funding is available, conduct an annual study relating to the quantities and...
• Texas Section 12.040 - Texas Certified Retirement Community Program
  (a) In this section, "program" means the Texas Certified Retirement Community Program. (b) The department shall establish and maintain a Texas Certified Retirement Community Program...
• Texas 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 Section 12.042 - Home-delivered Meal Grant Program
  (a) The department shall establish a home-delivered meal grant program to benefit homebound elderly and disabled people in this state. The program must be designed...
• Texas Section 12.046 - Texas Rural Investment Fund
  (a) In this section: (1) "Fund" means the Texas Rural Investment Fund. (2) "Rural community" means a municipality with a population of less than 50,000...
• Texas Section 12.047 - Use Of Technology
  The commissioner shall implement a policy requiring the department to use appropriate technological solutions to improve the department's ability to perform its functions. The policy...
• Texas Section 12.048 - Obtaining Criminal History Record Information
  (a) The department is authorized to obtain from the Department of Public Safety criminal history record information maintained by the Department of Public Safety that...
• Texas Section 12.050 - Trade Agricultural Inspection Grant Program
  (a) Using money appropriated for this purpose or money received under Subsection (g), the department may make a grant to a nonprofit organization for the...

Last modified: September 28, 2016